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?

Video: White Sox turn triple play against Astros

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White Sox starter Iván Nova was able to escape a jam in the third inning of Wednesday night’s game against the Astros with the help of a triple play. Nova had allowed a leadoff double to Tony Kemp, then hit Robinson Chirinos with a pitch to put runners on first and second base with no outs. Facing Jake Marisnick in a 1-1 count, Nova threw a 94 MPH fastball that Marisnick sharply grounded to Yoán Moncada right at the third base bag. Moncada quickly fired the ball to Yolmer Sánchez at second base, then Sánchez whipped the ball to José Abreu at first base just ahead of a lunging Marisnick to complete the triple-killing.

According to Baseball Almanac, it’s the 718th known triple play dating back to 1876. The last time the White Sox turned a triple play was 2016. They turned three triple plays that season, amusingly. The Astros have been victimized by two of the last three triple plays, having also hit into one on April 19 last year against the Mariners.