Frank McCourt: Shameless

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Last night, Bob Sacks, a lawyer who represents Frank McCourt, spoke with Bill Shaikin of the Los Angeles Times. The subject: Frank McCourt’s response to Major League Baseball’s rejection of the television deal McCourt sought with Fox and the impending standoff between McCourt and Bud Selig.

Everyone knows this is a difficult time for McCourt and the Dodgers. Everyone knows that the money is tight and the options few.  Moreover, everyone — at least everyone with a lick of sense or intellectual honesty about them — knows how McCourt and the Dodgers got into this mess.

Mr. Sacks and Frank McCourt, however, are choosing to ignore that. They are choosing to eschew any sense of humility and any notion of responsibility and to put their absolute worst foot forward. From Shaikin’s report:

“Bob Sacks, the attorney, also said McCourt would not surrender control of Dodger Stadium, the surrounding land and some ticket revenues even if he loses ownership of the Dodgers. Sacks said the entities controlling those interests are separate from the Dodgers and would remain under McCourt’s control, which would require any new owner to pay tens of millions in revenue each year to McCourt.

“‘There is the possibility of some fairly acrimonious and extreme litigation going forward, which Frank is hopeful will not occur. If baseball were to act precipitously against Frank, which has been threatened, then there will be a showdown on that issue.'”

“Acrimonious and extreme litigation.”  It’s a phrase so ridiculous, oblivious, irresponsible and frankly obnoxious in this context that I don’t even have the stomach to make the easy jokes at Mr. Sacks’ expense. As a lawyer I’m disgusted by this kind of threat. It casts what, on some level, I still consider my profession in the worst light. It justifies the low esteem in which so many people hold the practice of law.

As a baseball fan I’m disgusted by Frank McCourt’s entire operation and everything he’s done to this point, and my disgust grows by the day. Here’s a man who bought this once proud franchise on the back of $421 million of debt and managed to turn it into something even less than the funny paper he threw at it.  He carved it up, mortgaged it to the gills, looted whatever he could loot and shifted around whatever he couldn’t.  He lived a billionaire’s lifestyle on millionaire money that wasn’t even his to begin with and since it became abundantly clear that such a state of affairs was unsustainable, he has borrowed more and cast about madly to salvage whatever he can. At least as long as he hasn’t had to make any sacrifices himself, anyway.

And now, when he is finally being called to task over his irresponsible spendthrift ways, he has the audacity to threaten to scorch the earth with “acrimonious and extreme litigation,” all the while continuing to hold the Dodgers hostage, be it to some sort of injunction that keeps the team his for the time being (my guess) or via a gussied up extortion scheme in which he holds his control over the parking lots, the ballpark and whatever other ancillary assets to which he lays claim over the head of Major League Baseball and whoever it may get to run the Dodgers once McCourt’s slimy fingers are pried away from the controls.

Of course, Frank McCourt is a free actor with free will and such a course of action is his right. It is a course of action that was even enabled to a degree by Major League Baseball, who neglected to properly assess the risks of allowing such a leveraged transaction to such a questionable figure. And while I believe McCourt will ultimately lose, there is nothing to stop him from choosing to fight this fight with every weapon at his disposal, and I don’t doubt Mr. Sacks when he says such a fight will be “acrimonious and extreme.”

But just because one can pursue a course of action doesn’t mean one should.  Frank McCourt could, if he so chooses, stand down, admit that he has reached an untenable position as the Dodgers’ owner, allow Major League Baseball to take the team over and then collect his profits — of which there likely will still be a considerable amount — when the team is ultimately sold.  By doing so he will be paying a price for his incompetence and avarice, but it will be a relatively small one given the sheer scope of his incompetence and avarice.  And of course there would be a psychic benefit too, as by doing so he would limit the the pain felt by millions of Dodgers fans who have had to live through the nightmare he has created these past few years.

But I highly doubt McCourt will do any of that. He won’t because he lives in a world of zero responsibility, zero accountability and he has absolutely no shame. He is no idiot. He knows what he has done to this franchise. He knows that, at this point, saving himself and saving the Los Angeles Dodgers are two different things entirely.  He just doesn’t care. He doesn’t care and he doesn’t — as is clearly evidenced by his actions to date and the stated intentions of his attorney — have any intention of pursuing a course that places the best interests of the Dodgers and the interests of Dodgers fans anywhere on the priority list.

So bring your acrimonious and extreme litigation, Frank. Do your absolute worst. No sense in trying to do something decent for once in your reign as Dodgers’ owner. At this point, why should you change? And how could you do it anyway, given how little capacity for prudence, reflection and contrition you’ve exhibited thus far?

Marlins clinch 1st playoff berth since 2003, beat Yanks 4-3

Brad Penner-USA TODAY Sports
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NEW YORK (AP) Forced from the field by COVID-19, the Miami Marlins returned with enough force to reach the playoffs for the first time since their 2003 championship.

An NL-worst 57-105 a year ago, they sealed the improbable berth on the field of the team that Miami CEO Derek Jeter and manager Don Mattingly once captained.

“I think this is a good lesson for everyone. It really goes back to the players believing,” Mattingly said Friday night after a 4-3, 10-inning win over the New York Yankees.

Miami will start the playoffs on the road Wednesday, its first postseason game since winning the 2003 World Series as the Florida Marlins, capped by a Game 6 victory in the Bronx over Jeter and his New York teammates at the previous version of Yankee Stadium.

“We play loose. We got nothing to lose. We’re playing with house money.,” said Brandon Kintzler, who got DJ LeMahieu to ground into a game-ending double play with the bases loaded after Jesus Aguilar hit a sacrifice fly in the top of the 10th. “We are a dangerous team. And we really don’t care if anyone says we’re overachievers.”

Miami (30-28), second behind Atlanta in the NL East, became the first team to make the playoffs in the year following a 100-loss season. The Marlins achieved the feat despite being beset by a virus outbreak early this season that prevented them from playing for more than a week.

After the final out, Marlins players ran onto the field, formed a line and exchanged non socially-distant hugs, then posed for photos across the mound.

“I can’t contain the tears, because it’s a lot of grind, a lot of passion,” shortstop Miguel Rojas said. “It wasn’t just the virus. Last year we lost 100 games. But we came out this year with the hope everything was going to be better. When we had the outbreak, the guys who got an opportunity to help the organization, thank you for everything you did.”

Miami was one of baseball’s great doubts at the start of the most shortened season since 1878, forced off the field when 18 players tested positive for COVID-19 following the opening series in Philadelphia.

“Yeah, we’ve been through a lot. Other teams have been through a lot, too,” Mattingly said “This just not a been a great situation. It’s just good to be able to put the game back on the map.”

New York (32-26) had already wrapped up a playoff spot but has lost four of five following a 10-game winning streak and is assured of starting the playoffs on the road. Toronto clinched a berth by beating the Yankees on Thursday.

“I don’t like any time somebody celebrates on our field or if we’re at somebody else’s place and they celebrate on their field,” Yankees star Aaron Judge said. “I’m seeing that too much.”

Mattingly captained the Yankees from 1991-95 and is in his fifth season managing the Marlins, Jeter captained the Yankees from 2003-14 as part of a career that included five World Series titles in 20 seasons and is part of the group headed by Bruce Sherman that bought the Marlins in October 2017.

Garrett Cooper, traded to the Marlins by the Yankees after the 2017 season, hit a three-run homer in the first inning off J.A. Happ.

After the Yankees tied it on Aaron Hicks‘ two-run double off Sandy Alcantara in the third and Judge’s RBI single off Yimi Garcia in the eighth following an error by the pitcher on a pickoff throw, the Marlins regained the lead with an unearned run in the 10th against Chad Green (3-3).

Jon Berti sacrificed pinch-runner Monte Harrison to third and, with the infield in, Starling Marte grounded to shortstop. Gleyber Torres ran at Harrison and threw to the plate, and catcher Kyle Higashioka‘s throw to third hit Harrison in the back, giving the Yankees a four-error night for the second time in three games.

With runners at second and third, Aguilar hit a sacrifice fly.

Brad Boxberger (1-0) walked his leadoff batter in the ninth but got Luke Voit to ground into a double play, and Kintzler held on for his 12th save in 14 chances.

Miami ended the second-longest postseason drought in the majors – the Seattle Mariners have been absent since 2001.

Miami returned Aug. 4 following an eight-day layoff with reinforcements from its alternate training site, the trade market and the waiver wire to replace the 18 players on the injured list and won its first five games.

“We’re just starting,” said Alcantara, who handed a 3-2 lead to his bullpen in the eighth. “We’ve got to keep doing what we’re doing.”

TOSSED

Yankees manager Aaron Boone was ejected for arguing from the dugout in the first inning. Plate umpire John Tumpane called out Judge on a full-count slider that appeared to drop well below the knees and Boone argued during the next pitch, to Hicks, then was ejected. Television microphones caught several of Boone’s profane shouts.

“Reacting to a terrible call and then following it up,” Boone said. “Obviously, we see Aaron get called a lot on some bad ones down.”

ODD

Pinch-runner Michael Tauchman stole second base in the eighth following a leadoff single by Gary Sanchez but was sent back to first because Tumpane interfered with the throw by catcher Chad Wallach. Clint Frazier struck out on the next pitch and snapped his bat over a leg.

SLOPPY

New York took the major league lead with 47 errors. Sanchez was called for catcher’s interference for the third time in five days and fourth time this month.

REMEMBERING

Mattingly thought of Jose Fernandez, the former Marlins All-Star pitcher who died four years earlier to the night at age 24 while piloting a boat that crashed. An investigation found he was legally drunk and had cocaine in his system. The night also marked the sixth anniversary of Jeter’s final game at Yankee Stadium.

UP NEXT

RHP Deivi Garcia (2-2, 4.88) starts Saturday for the Yankees and LHP Trevor Rogers (1-2, 6.84) for the Marlins. Garcia will be making the sixth start of his rookie season.