Report: MLB to seize Rangers, complete sale, get sued

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That’s the logical conclusion if what Sports Business Journal’s Daniel Kaplan is reporting is true:

MLB as soon as this week plans to dramatically alter the
course of the standoff between creditors and the owner of the Texas
Rangers,
multiple sources said last week, a development that could include the
league
seizing the franchise.

Were the league to seize the team under its “best interests of
baseball”rule, MLB could sell the club to the group led by Chuck
Greenberg and
Nolan Ryan without, the league believes, the creditors blocking the
deal, these
sources said. But were MLB to choose that course — and late last week,
the
situation was still fluid — financial sources predicted a furious
legal
response from the creditors that could involve an involuntary
bankruptcy petition
on behalf of the baseball team.

I get the reasoning: the creditors are owed money by Hicks Sports Group, the debt is not secured with a lien on the baseball team itself (MLB does not allow this) and Major League Baseball can kick Hicks Sports Group out of the ownership club if it wants to, leaving the creditors to fight with Hicks after the sale is done.

But such a move is almost certain to throw the whole matter into court, with the creditors almost certainly filing to get an injunction stopping the sale, because without the sale of the team at issue, the creditors lose all their leverage. Maybe they don’t get an injunction — if your beef is ultimately over money, you’re not supposed to be able to enjoin a business deal; rather, you’re supposed to let it all play out and get your money later — but depending on the court and the way the complaint is written and a bunch of other factors, it could happen. If so, and the Rangers are placed in legal limbo during the pendency of the lawsuit, the nightmare scenario that was described last week — indefinite MLB stewardship, no money for the draft, etc. — comes to pass.

But even if the sale is not enjoined, Major League Baseball is still stuck in a multimillion dollar lawsuit (and even if the sale is not held up over it all, you can bet that MLB will be named a party in the suit).  The calculation, one presumes, is that baseball is better off having the Rangers in Greenberg’s hands while fighting a lawsuit than it is to remain in the current stalemate.

If so, it tells you how ugly the stalemate is, because lawsuits like this are never fun, especially if they have the potential to have outsiders probe specific-team finances, which Major League Baseball is historically loathe to allow.

Popcorn anyone?

It will take more than a cursory apology for Josh Hader to put this behind him

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If you missed it, Brewers All-Star reliever Josh Hader landed in hot water the minute he stepped off the mound in Washington last night when multiple tweets he made in 2011-12* were uncovered containing some seriously gross, racist, misogynistic and homophobic language.

Almost as soon as it broke, Hader made a quick apology for the tweets, saying that he’s not the same person now than he was when he was 17 years-old. Major League Baseball is investigating the matter and Hader acknowledged that he must and that he will talk to his teammates about this, so the story is not over.

Some commenters and correspondents of mine, however, have said they believe it should be over. Indeed, they said it almost as soon as the news came to light. While a small handful of those folks likely take no issue with the language Hader used — there’s a lot of ugliness out there, particularly noticeable in the anonymous online world — others have simply, and it would appear genuinely, said that we should cut Hader slack for some bad choices he made when he was 17.

I will gladly cut Hader more slack for six and seven-year-old tweets he made as 17 year-old that he apologizes for genuinely than I would if he tweeted that stuff yesterday, but let’s not rush to “aww, he was just a kid” land seven hours and a night’s sleep after it all came to light. Indeed, there are many reasons why this is not a case for instant and automatic forgiveness.

This was not some kid breaking out a neighbor’s window with a slingshot. This was not someone saying “that’s gay” instead of “that’s dumb” in the way a lot of us have in the past. This was not someone using a word or phrase that only recently came to be accepted by most people as unacceptable or said something that, while not containing any awful individual words was insensitive, to use the parlance of the day. It was some seriously ugly language (go read it if you’d like), used consistently, repeatedly and confidently. It’s not from some hazy time in the past like the 1970s. It’s from 2011 and 2012. It’s language that he and everyone else knew, at the time, to be profoundly offensive to a massive number of people and which was unacceptable to use in a public forum. Not just now, with the hindsight of age and time, but then, even at the age he was. The tweets are a window into a really gross and disturbed person’s mind.

Hader should — and he will — be given the chance to apologize and to make amends. No one is suggesting he be banished to an island and he certainly won’t be, so don’t even make a suggestion that he is or will be any sort of victim of P.C. culture or whatever the hell else people cite in order to excuse their awful behavior or the awful behavior of others. At the same time, however, let us not let him off the hook with a cursory apology and a conclusory “I’m not like that anymore” statement to a beat writer five minutes after the controversy came to light.

For one thing, no one else would be given such an easy pass like that. No politician or musician or artist or job applicant or anyone else, famous or non-famous, would simply be able to cite being 17 as a get-out-of-decency-free card. We routinely try criminal defendants that age as adults. We make 17 year-olds of color conform their behavior to the most unreasonably high standards, set by others, in order to avoid being discriminated against or worse. For his part, Hader was an elite high school athlete who knew damn well that what he said and did in public was scrutinized in a fundamentally different way than what others said and did and nonetheless tweeted that garbage anyway. He did it either because his level of empathy and respect for women, blacks and homosexuals was defective and abhorrent or because he knew better and simply didn’t care.

I am not suggesting Hader not be given a chance to apologize and make amends for all of that. I am not suggesting that he not be able to continue to pitch late innings for the Milwaukee Brewers, become rich and famous and live his life happily and freely. I am merely saying that it is not too much to expect him now, less than 12 hours after all of this has come to light, to have to do some actual work to explain and atone for it. To not just say that he’s “a different person” now but to tell us how — apart from getting caught being obnoxious — he became a different person and what that really means. To expect him to explain this and to apologize to his teammates, and not just the two who happened to be in Washington with him last night. To explain and to apologize to his fans, many of whom are women and minorities, and to ask for their forgiveness and understanding.

I am not, to use a phrase someone threw at me last night, “on my high horse” about this. I am not holding Hader to some unreasonable, liberal/P.C/social justice warrior standard in which poor, victimized Josh Hader can simply not win. I am simply saying that this is far more serious than finding out some 80-year-old man jumped a subway turnstile back in 1954 and that the acceptance of responsibility, the apology and the work Hader has to do in light of this is not to issue some quick and cursory one offered to a national beat writer as he towels off after a postgame shower.

I realize our standards and expectations of certain public figures in this country have become impossibly low, but my God, they are not that low, nor should they be.

*There were some putative Hader tweets floating around Twitter of a more recent vintage, particularly one about Trayvon Martin from 2016, but there is reason to suspect at least that one is a Photoshop. Hader has locked his account, however, and it cannot be confirmed. It’s not really important, though, given that Hader has admitted to making multiple ugly tweets, to make such a determination at this moment, so we’ll leave the analysis of each and every individual tweet for another time.