Weiner: the 50-100-lifetime suspension rules don’t apply to Biogenesis

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We were really thrown a curveball earlier today when MLBPA head Michael Weiner, addressing the media, said that the penalties facing Biogenesis-implicated players are not ruled by the Joint Drug Agreement’s 50-game, 100-game, lifetime ban specifications.  When asked about why that was, Weiner pointed to the Commissioner’s “just cause” powers under the JDA.

Which seems odd to me because, as Wendy Thurm pointed out earlier today, the JDA says this about discipline:

A player who tests positive for a Performance Enhancing Substance, or otherwise violates the Program through the possession or use of a Performance Enhancing Substance, will be subject to the discipline set forth below. (emphasis mine) 1. First violation: 50-game suspension; 2. Second violation: 100-game suspension; 3. Third violation: Permanent suspension from Major League and Minor League Baseball.

That italicized language seems to say that the discipline regime applies whether it’s a testing positive or, as will be the case with Biogenesis, non-analytical positives, circumstantial evidence-based violations, etc. There’s nowhere else in the agreement which speaks to Commissioner discretion with respect to discipline beyond the mere words “just cause,” which again, seems to speak to the violation, not the discipline.

Could this be a negotiated thing? The union and the league having an understanding, either now or having had it always, about what might happen if they’re dealing with a non-testing-based violation? And no matter when it was decided that any amount of discipline could apply for such violations, could it not mean that some guys get less than 50 games? Some way more.

As an example: say a Biogenesis Player — let’s call him Theo Blonzalez — has very weak evidence against him in the documents and testimony, but that the league wants to discipline him anyway. Might they take this discretion and give him, say, a five game suspension? That might be a nice break for someone like Blonzalez who, otherwise, might be subject to an automatic 50, which would seem overly harsh. At the same time, might another player with stronger evidence against him — say Schmalex Rodriguez — be slapped with unlimited discipline even if it’s a first offense?

I don’t know what it means, frankly. But I find it fascinating. And it further underscores my suspicion that a lot more conversations are happening between the union and the league than we know about. And that, just maybe, it’s nowhere near as adversarial as we might think.

Buyers and Sellers at the Trade Deadline: National League East

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With Manny Machado’s trade completed, the rest of baseball can now turn its attention to the non-blue chip players on the market.

Yesterday, in our look-ahead to the second half, we mentioned some of the top players likely to be made available. Today we look at each team to see who is buying, who is selling, what they’re seeking and what they have to offer. Note: almost every contender, always, needs relief help.

As a reminder, the non-waiver Trade Deadline is July 31. Players traded after that date but before August 31 need to pass through waivers unclaimed before they can be traded. All players traded before August 31 are eligible to be on their new team’s playoff roster should they make the postseason.

Next up, the National League East:

Phillies
Status: Buyers. They were a serious contender for Manny Machado until the closing bell.
Wanted: They could really use a third baseman or a shortstop, so expect them to bid hard for Mike Moustakas or Eduardo Escobar should the Twins make him available.

Braves
Status: Buyers. They were in on the Manny Machado talks too but not that in, it seems. They mortgaged their future for a star once when they traded for Mark Teixeira back in the day and weren’t likely to do it again. Aren’t likely to do it even on a smaller scale in the coming weeks.
Wanted: Some bullpen help. A starter if one can be found cheap. A bench bat. They have a loaded farm system and contention wasn’t really supposed to happen until next year, so they’ll be cautious in anything they do.

Nationals
Status: Buyers. They already acquired Kelvin Herrera. They’ll seek to acquire more.
Wanted: Catcher. J.T. Realmuto would be a big get but the Marlins seem to want to build around him or, at the very least, seem to not want to give him to a division rival. There had been talks of a Wilson Ramos reunion, but he was just placed on the DL with a bum hamstring, so that may not be happening.

Mets
Status: Sellers. Probably. They need to figure out where in the hell the organization is heading first. This year is a lost cause, but do they gear up for next year or just burn it all down and try to rebuild?
For Sale: Maybe Noah Syndergaard and/or Jacob deGrom if they take the “burn it all down” approach. If they just try to retrench for next year, they could deal Jerry Blevins and, perhaps, Zach Wheeler or Steven Matz. Jeurys Familia and second baseman Asdrubal Cabrera are both free agents after this year so they could be shopped regardless.

Marlins
Status: Sellers. They’re still in the frame-up portion of their rebuild.
For Sale: Assuming Realmuto does not go, any reliever who isn’t nailed down might be flipped. Put your bids in now for Kyle Barraclough, Drew Steckenrider, Brad Ziegler and Adam Conley. If it’s position players you seek, feel free to ask the Marlins about Starlin Castro, Justin Bour, Derek Dietrich or Miguel Rojas.