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?

Rafael Devers won’t visit White House with Red Sox

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The World Series champion Red Sox are scheduled to visit President Trump in the White House on February 15. Some have speculated that manager Álex Cora, who is from Puerto Rico and has been critical of Trump and has been a big factor in Hurricane Maria relief efforts, might not go as a form of protest. Thus far, nothing concrete has been reported on that front.

However, third baseman Rafael Devers says he isn’t going to join the Red Sox on their visit to the White House, Evan Drellich of NBC Sports Boston reports. Devers would prefer to focus on baseball, as the Red Sox open spring training on February 13 and position players have to report on February 17. Per Chris Mason, Devers also said via a translator, “The opportunity was presented and I just wasn’t compelled to go.”

Devers hails from the Dominican Republic and he, like many of Major League Baseball’s foreign-born player base, might not be happy about Trump’s immigration policies. Understandably, he is being tight-lipped about his motivation, but it wouldn’t be surprising if Devers is making a silent protest by choosing not to attend. He is thus far the only member of the team to bow out.

Devers, 22, hit .240/.298/.433 with 21 home runs, 66 RBI, and 59 runs scored in 490 plate appearances last season.

Last year, when the Astros visited Trump at the White House, they did so without Carlos Correa and Carlos Beltrán. Both are from Puerto Rico. It is certainly not unprecedented for individual players to opt out of the White House visit.

No word yet on what food will be served during Boston’s trip to the nation’s capital, but the smart money is on hamberders.