Players don’t have to talk to MLB in the Biogenesis probe. Thank Fergie Jenkins for that

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I noted yesterday the uncertainty surrounding potential double discipline of Biogenesis players. How the Melky Cabrera precedent may make it hard for MLB to give an enhanced suspension for those perceived to be lying to investigators. I also pondered whether simply not talking to investigators might serve as the basis. Ken Rosenthal, however, reminds us today that baseball has historically been unable to discipline players for clamming up:

In September 1980, former commissioner Bowie Kuhn suspended Ferguson Jenkins for declining to cooperate with baseball’s investigation after the pitcher was charged with possession of cocaine, hashish and marijuana in Toronto. An arbitrator lifted the suspension, according to the Associated Press, saying that “the commissioner was compelling Jenkins to jeopardize his defense in court.” Braun and others, by failing to answer questions, simply asserted their “Jenkins” rights.

There are some differences here, of course. Jenkins actually had charges pending against him while none of the Biogenesis players do.  But if baseball’s past arbitrator respected the idea of protecting players from self-incrimination (and that was in a case in a foreign country, not subject to the Fifth Amendment) one would think that the precedent would demand continued respect of Fifth Amendment rights, even if Major League Baseball isn’t the government.  And the way the Fifth Amendment works, one need not have an actual criminal case pending. Merely the potential of one must exist.

While it’s unlikely that any of the Biogenesis players will be prosecuted, it is a possibility. And that possibility may be enough to prevent Major League Baseball from imposing any added discipline for player’s failure to cooperate. Between that, the fact that most of these guys are facing a first offense, not a second, and given that the lying precedent is complicated by the Melky Precedent, how again is MLB supposed to suspend anyone for 100 games?

Clay Buchholz makes first major league start in over a year

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The Diamondbacks selected the contract of pitcher Clay Buchholz from Triple-A Reno ahead of Sunday’s game against the Mets. It marked Buchholz’s first major league start since April 11 last season (also against the Mets) when he was a member of the Phillies. Shortly after that start, he was diagnosed with a partial tear of his flexor pronator mass and he ended up not being able to pitch the rest of the season.

Buchholz signed a minor league deal with the Royals but he opted out of his contract at the beginning of this month. The Diamondbacks signed him to a minor league deal a few days later, needing depth with a depleted starting rotation. Buchholz made two starts for Reno before getting the call Sunday.

Buchholz, 33, pitched well on Sunday against the Mets, lasting five innings and limiting the opposition to a run on two hits and a walk with two strikeouts. His only blemish was allowing a solo home run to Amed Rosario leading off the sixth. He was immediately relieved by T.J. McFarland afterwards.

It is not yet clear if Buchholz will get another turn through the D-Backs’ rotation.