It’s hard to see today’s ruling as a victory for San Jose

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I’ve taken a few minutes to gather some thoughts on today’s decision in the San Jose-MLB antitrust lawsuit. I have still not read the decision, but it does appear that the status being currently reported is accurate: (1) the argument by San Jose to have Major League Baseball’s antitrust exemption struck down, thereby paving the way for the A’s to move to San Jose over the Giants’ objection has been dismissed; and (2) San Jose continues to have a viable claim against MLB for tortious interference with the city’s contract(s) with the Athletics, which will be pursued under state law.

Let’s take those one-by-one:

San Jose’s Antitrust claim

This was obviously the big target here. And a nice fat one if San Jose could’ve convinced the judge that baseball’s antitrust exemption — which prevents a team from moving into another’s territory — is stupid and wrong.  And the judge did, apparently, say that the exemption is stupid and wrong. Unfortunately he also said that he felt bound by Supreme Court precedent to uphold it, so that matter will now likely be the subject of an appeal. Major League Baseball still has risk of losing their exemption on appeal, but they just bought a year at least before an appeals court rules on it and longer than that before the matter might get to the Supreme Court, which would ultimately have to weigh in to overturn the original case which granted the exemption.

With the claims to overturn the exemption gone, at least for now, the A’s will be unable to move to San Jose. The league rule establishing San Jose as the San Francisco Giants’ territory holds, thus preventing the A’s from going to San Jose.

The state tort law claims

This is the claim alleging that MLB tortiously interfered with San Jose’s contract with the A’s. If you recall: the contract is an option agreement entered into in 2011 between the A’s owners and San Jose for the purchase of some land on which a ballpark would be built. The A’s paid San Jose $50,000 for the option. It expires soon. If they want to keep the option open for another year it’s another $25,000. If the A’s owners were to buy the land, they can do it for between $6 million and $7 million. Nothing in the option agreement, however, promises that the A’s will actually move. It doesn’t even promise that they’ll buy the land. Just that they have the option to do so.

Of course, since the antitrust exemption is in place, the A’s can’t just decide to move to San Jose. Therefore, unless they are the biggest idiots on the planet, they will not agree to commit to the $7 million land deal. Put differently, no A’s witness will get on a stand and say “yes, we totally want to give San Jose $7 million right now but MLB won’t let us!”  As such, the value of the contract that San Jose now has to prove MLB interfered with is $75,000. That’s it.

Where that leaves us

Much of the reaction in the past few hours — including opinion from legal minds I respect, such as FanGraphs’ Wendy Thurm — has it that this outcome gives San Jose leverage to force a deal with MLB to get the A’s to San Jose.  I’ll grant that they’re better off now than they would be if the whole suit had been tossed — and I do want to read their thoughts on it and may change my mind on the matter if they point out something I’m totally missing here — but I can’t see how San Jose suddenly has much more leverage than it had before.

One idea is that Major League Baseball might fear discovery and depositions that could take place.  I’ll grant that no one wants to have their deposition taken, how threatening is this really? The current claim is limited in scope: $75K on a land option. How much email traffic do you think MLB officials have had on that? And how much of it is damning? Sure, maybe there’s all kinds of stuff about how MLB is “conspiring” to keep the A’s out of San Jose, but so what? The court just ruled that, under the antitrust exemption, such behavior is totally legal!

More broadly: how dumb is Major League Baseball? Not too dumb, usually. The entire purpose of Bud’s famous committee on San Jose was to do … nothing. There are likely reports about city and stadium viability and all of that, but the reason you set up that committee is to funnel everything to it and make it disappear for half a decade. Or at least to have it sit there innocuously. It’s staffed, by the way, in part by lawyers who have worked for MLB before. You think they’re sitting on smoking guns? Hardly.

Any effort by San Jose to dig deeper than the matters specific to the A’s and their option contract is irrelevant and discovery about that stuff will be resisted. Maybe they get some things, maybe they don’t. But they don’t get the keys to all of MLB’s finances and Bud Selig’s health records and the famous list of positive PED players and Larry Baer’s grandmother’s apple fritter recipe. With limits on discovery there are limits on leverage. And with an existing claim this small, the discovery will be limited.

OK, long enough, Craig, sum it up

Having a claim hanging out there is not good for MLB. But having a trial court decision that the antitrust exemption is still the law outweighs it for now. There was pressure on MLB to avoid a bad decision on that in the trial court and that didn’t get them to the settlement table. There is now pressure, to a degree, to resolve this before an appeals court decides differently. But that’s down the road a bit, and if anything the league has more breathing room on that today than it did yesterday.

It’s a partial win for San Jose, sure. But they lost the big claim and have gained nothing in the short term. More importantly, this does nothing to get the A’s any close to San Jose.

Bonds, Clemens left out of Hall again; McGriff elected

John Hefti-USA TODAY Sports
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SAN DIEGO – Moments after Fred McGriff was elected to the Baseball Hall of Fame, almost two decades after his final game, he got the question.

Asked if Barry Bonds belonged in Cooperstown, a smiling McGriff responded: “Honestly, right now, I’m going to just enjoy this evening.”

A Hall of Fame committee delivered its answer Sunday, passing over Bonds, Roger Clemens and Curt Schilling while handing McGriff the biggest honor of his impressive big league career.

The lanky first baseman, nicknamed the “Crime Dog,” hit .284 with 493 homers and 1,550 RBIs over 19 seasons with six major league teams. The five-time All-Star helped Atlanta win the 1995 World Series.

McGriff got 169 votes (39.8%) in his final year on the Baseball Writers’ Association of America ballot in 2019. Now, he will be inducted into Cooperstown on July 23, along with anyone chosen in the writers’ vote, announced Jan. 24.

“It’s all good. It’s been well worth the wait,” said McGriff, who played his last big league game in 2004.

It was the first time that Bonds, Clemens and Schilling had faced a Hall committee since their 10th and final appearances on the Baseball Writers’ Association of America ballot. Bonds and Clemens have been accused of using performance-enhancing drugs, and support for Schilling dropped after he made hateful remarks toward Muslims, transgender people, reporters and others.

While the 59-year-old McGriff received unanimous support from the 16 members of the contemporary baseball era committee – comprised of Hall members, executives and writers – Schilling got seven votes, and Bonds and Clemens each received fewer than four.

The makeup of the committee likely will change over the years, but the vote was another indication that Bonds and Clemens might never make it to the Hall.

This year’s contemporary era panel included Greg Maddux, who played with McGriff on the Braves, along with Paul Beeston, who was an executive with Toronto when McGriff made his big league debut with the Blue Jays in 1986.

Another ex-Brave, Chipper Jones, was expected to be part of the committee, but he tested positive for COVID-19 and was replaced by Arizona Diamondbacks President Derrick Hall.

The contemporary era committee considers candidates whose careers were primarily from 1980 on. A player needs 75% to be elected.

“It’s tough deciding on who to vote for and who not to vote for and so forth,” McGriff said. “So it’s a great honor to be unanimously voted in.”

In addition to all his big hits and memorable plays, one of McGriff’s enduring legacies is his connection to a baseball skills video from youth coach Tom Emanski. The slugger appeared in a commercial for the product that aired regularly during the late 1990s and early 2000s – wearing a blue Baseball World shirt and hat.

McGriff said he has never seen the video.

“Come Cooperstown, I’ve got to wear my blue hat,” a grinning McGriff said. “My Tom Emanski hat in Cooperstown. See that video is going to make a revival now, it’s going to come back.”

Hall of Famers Jack Morris, Ryne Sandberg, Lee Smith, Frank Thomas and Alan Trammell also served on this year’s committee, which met in San Diego at baseball’s winter meetings.

Rafael Palmeiro, Albert Belle, Don Mattingly and Dale Murphy rounded out the eight-man ballot. Mattingly was next closest to election, with eight votes of 12 required. Murphy had six.

Bonds, Clemens and Schilling fell short in January in their final chances with the BBWAA. Bonds received 260 of 394 votes (66%), Clemens 257 (65.2%) and Schilling 231 (58.6%).

Palmeiro was dropped from the BBWAA ballot after receiving 25 votes (4.4%) in his fourth appearance in 2014, falling below the 5% minimum needed to stay on. His high was 72 votes (12.6%) in 2012.

Bonds has denied knowingly using performance-enhancing drugs, and Clemens maintains he never used PEDs. Palmeiro was suspended for 10 days in August 2005 following a positive test under the major league drug program.

A seven-time NL MVP, Bonds set the career home run record with 762 and the season record with 73 in 2001. A seven-time Cy Young Award winner, Clemens went 354-184 with a 3.12 ERA and 4,672 strikeouts, third behind Nolan Ryan (5,714) and Randy Johnson (4,875). Palmeiro had 3,020 hits and 568 homers.

Schilling fell 16 votes shy with 285 (71.1%) on the 2021 BBWAA ballot. The right-hander went 216-146 with a 3.46 ERA in 20 seasons, winning the World Series with Arizona in 2001 and Boston in 2004 and 2007.

Theo Epstein, who also served on the contemporary era committee, was the GM in Boston when the Red Sox acquired Schilling in a trade with the Diamondbacks in November 2003.

Players on Major League Baseball’s ineligible list cannot be considered, a rule that excludes Pete Rose.