Read the letter Major League Baseball shouldn’t have sent to A-Rod’s attorney

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This morning on the Today Show, Alex Rodriguez’s lawyer, Joe Tacopina, reiterated his stance that he would “love nothing more” than to discuss the case against Alex Rodriguez, but can’t do so due to the confidentiality provisions of the Joint Drug Agreement. He was then presented with a letter from Major League Baseball which offered to waive the confidentiality provisions. It made for some awkward moments for Tacopina and some fun TV at least.

The Wall Street Journal has a copy of the letter and reproduces it here. It’s from MLB’s Rob Manfred and it’s just as confrontational in prose as it was in its use on the Today Show. And having read it, I am even more of the view that Major League Baseball is being roped into a P.R. battle that it doesn’t need and probably shouldn’t want.

The only purpose of Manfred’s letter is to try to score some points on Tacopina and, by extension, Rodriguez, in the wake of Tacopina’s media offensive. That it came from Manfred and not legal counsel — which MLB should be using in its case against Rodriguez — is evidence of that.  It strikes me as a letter Manfred himself dashed off or dictated with a cackle. And he certainly got his intended response on TV today.

But what does this get the league? For as loud as it has been, A-Rod and Tacopina’s offensive hasn’t changed many minds. And it doesn’t change the evidence. And by delving into the fray like this, putting the Confidentiality provision in play, one wonders if it doesn’t potentially weaken claims MLB may have against A-Rod in the arbitration about his own efforts to publicize or leak information that should otherwise be confidential. Might Tacopina use this letter to argue that MLB doesn’t care about those rights? That it has waived them or is, at the very least, selective as to when it believes they are relevant?

It’s not much, but it’s more than a fighter like Tacopina needs to grab onto and start punching. And it’s just going to add to the circus and the mess which MLB seemed to so want to avoid when it set out to discipline the Biogenesis players.

Most lawyers would counsel their clients to avoid this sort of bomb-throwing. Is anyone counseling Major League Baseball to do that?

Zach Davies replaces Gio Gonzalez on the Brewers roster

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Major League Baseball just announced that it has approved a roster substitution for the Milwaukee Brewers due to the ankle injury sustained by Gio Gonzalez: right-handed pitcher Zach Davies will take his place. In accordance with league rules, Gonzalez will be ineligible to return if the Brewers make it to the World Series.

That rule is designed to prevent roster gamesmanship such as having a pitcher fake an injury after he’s done being used in an effort to give a team a fresh arm in a short series. A second layer on that is an independent consult with the league, which may approve or disapprove the request based on the specific facts and circumstances of the case. In this case, Dr. Gary Green, MLB’s Medical Director, confirmed Gonzalez’s injury after communicating with the Brewers’ evaluating physician. Not that anyone can really suggest that Gonzalez was faking. The dude’s ankle went sideways.

That being said, this is a benefit to the Brewers at least for the short term. Davies did not have a fantastic season, going 2-7 with a 4.77 ERA in 13 starts and failing to make the Brewers’ initial postseason roster, but he is fresh — he hasn’t pitched since September 28 — which could prove very useful for Craig Counsell and the Brewers after last night’s 13-inning game.