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?

Dodgers plan to tab Clayton Kershaw for Game 1 of World Series

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MLB.com’s Ken Gurnick reports that the Dodgers plan to tab ace Clayton Kershaw for Game 1 of the World Series. Nothing is set in stone yet ahead of Tuesday’s Game 1 of the World Series. In the event Kershaw can’t start Game 1, Rich Hill would start. Otherwise, Hill would start Game 4.

Kershaw, started Game 1 and Game 5 of the NLCS against the Brewers, then closed out Game 7 with a flawless inning. He was hit around to the tune of five runs (four earned) over three-plus innings in Game 1, but rebounded for seven innings of one-run ball in Game 5. He struck out two en route to sending the Dodgers to the World Series in the ninth inning of Game 7.

Kershaw also tossed eight shutout innings against the Braves in Game 2 of the NLDS. Overall, he has a 2.37 ERA in 19 innings this postseason. There was no doubt who would be the Dodgers’ first choice to start Game 1, but it’s a relatively recent situation where the ace of a team also closed out the final game of the previous series.

Hill has put up a 2.61 ERA in 10 1/3 innings this postseason. While he doesn’t have Kershaw’s pedigree, the Dodgers would be confident having him lead off the series. Hill was excellent down the stretch last year, helping the Dodgers reach Game 7 of the World Series against the Astros.

The Red Sox plan to start Chris Sale in Game 1 now that he’s recovered from a brief stint in the hospital due to a stomach ailment. The lefty has a 3.48 in 10 1/3 innings in the playoffs this year. He’s among a handful of candidates for the AL Cy Young award after posting a 2.11 ERA in the regular season, but his lack of innings (158) may hurt him.