Did the BBWAA violate its own Constitution in disciplining Dan LeBatard? Maybe? I can’t tell.

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Dan Szymborski alerts me to something that is potentially  — and I stress “potentially” — quite delicious. It seems that the BBWAA Constitution — under which the BBWAA suspended Dan LeBatard for giving his vote to Deadspin — requires notice and hearing before disciplinary action. Notice and hearing that could not have possibly taken place before his suspension today:

BOARD OF DIRECTORS: Disciplinary

Section 3: As the Association’s disciplinary commission, the Board shall be empowered to investigate charges and conduct trials in special meetings in the following manner:

A written statement of charges of any alleged misconduct against a member shall be served on the respondent at least 15 days in advance of any hearing or trial. The written statement shall include a reference to the provision in the Constitution or other governing rule or regulation alleged to have been violated, as well as a statement of the conduct of the respondent that is alleged to have violated that provision.

The Association and the respondent shall exchange lists of witnesses and copies of all exhibits that they propose to submit at the hearing or trial at least five days in advance of the hearing or trial.

At the hearing or trial, both the Association and the respondent shall be given a reasonable opportunity to cross-examine each others’ witnesses, as well as to present witnesses on their own behalf and to present relevant documentary evidence.

Obviously none of that has or could have happened given that LeBatard’s identity as the Deadspin Whisperer wasn’t revealed until yesterday.

That said, there is another section in the Constitution which works against this, as it suggests that one-year suspensions — which LeBatard recevied — can happen “automatically.”

B: Members shall adhere to the objects and ethics of the Association and shall exercise utmost care in the duties and privileges of memberships.

    1. 1. Violators’ memberships shall be suspended automatically by any Chapter Chair or Association Warden for one year dating there from. This offense shall be reported to the Secretary-Treasurer and the card of the offender shall be revoked.
    1. Reinstatement after suspension shall, in addition to regular qualification, require payment of annual dues for the period of suspension.

This is a little problematic in that neither section references the other, which you would normally expect when one term limits another term of such a document. It’s possible that this is just bad drafting. It’s possible that the one-year “automatic” suspension refers to different kinds of suspensions — ones by local chapter chairs instead of the Board of Directors, for example — than the one LeBatard got. It’s also possible that LeBatard indicated to the BBWAA that he’d waive all hearing and appeal rights and just take his medicine so none of this potential ambiguity matters in the least.

If he did want to challenge this — and if I’m not simply missing something in the BBWAA Constitution — he could theoretically sue to be reinstated or something, arguing that his organization didn’t follow its own rules. But really, it’s highly unlikely he’d bother given that he basically gave the BBWAA the big kiss off with his comments in Deadspin yesterday.

I’d be curious for others — especially others with legal backgrounds — to look at these two provisions and the BBWAA Constitution and see if I’m out to lunch or if LeBatard would actually have something to argue about if he wanted to. My presumption is that the BBWAA Board of Directors thought about all of this beforehand and that there isn’t much here, but my litigator’s eye keeps going to the notice and hearing provision and thinking … “hmmm”

And That Happened: Wednesday’s Scores and Highlights

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Here are the scores. Here are the highlights:

Mets 6, Nationals 1: Max Scherzer tossed six shutout innings and the pen blanked the Nats in the seventh, but Washington clung to only a 1-0 lead thanks to an almost-as-good start from Jacob deGrom. In the eighth, Dave Martinez called on Kyle Barraclough to hold things down. He got two out but also put two runners on, so Martinez called on Sean Doolittle to get a four-out save in a tight game. Tough order, but Doolittle’s good. Usually.

Doolittle hit the first batter he faced to load the bases, gave up a bases-clearing double to Juan Lagares, intentionally walked a guy and then gave up a three-run jack to Rajai Davis. The best part: Davis was just called up the Mets mere hours before. Hell, he had already taken batting practice for Syracuse, who was playing at Lehigh Valley. He took an Uber to New York, got there by the third inning, got lost and was finally suited up not long before entering the game as a pinch hitter.

As I wrote once upon a time, an essential part of living life is dealing with stuff when you’re basically unprepared. When you’re just thrown into a situation for which you didn’t have time or opportunity to gear up. Here’s a salute to Rajai Davis, who may not have been prepared to face a big league pitcher in a big league stadium when he woke up yesterday morning but who rose to the occasion because, really, what else can you do?

Cubs 8, Phillies 4: Cole Hamels took on the Phillies for the first time but, more importantly, he took on Cole Irvin in what I’m going to assume was a “Highlander” situation. Hamels didn’t pitch that well or get the win but he did a lot better than Irvin, so I assume Irvin’s head was cut off. There can only be one.  Albert Almora Jr. hit a three-run homer to help the Cubs get out of an early hole. Let’s call it a Cole hole.

[Ed. — Let’s not]

White Sox 9, Astros 4: Not a great night for Coles. The White Sox beat up on Cole, Gerrit for six runs on seven hits. Eloy Jiménez hit two homers in this one and the Chisox even turned a triple play. A good one, too! Around-the-horn, bang-bang-bang, not one of those janky “baserunner screwed up and stood in the baseline as a guy caught a pop fly, stepped on the bag, and tagged out the confused runner” things. Watch:

Brewers 11, Reds 9: Zach Davies, with a 1.54 ERA, faced off against Luis Castillo, owner of a 1.90 ERA. So naturally 20 runs were scored. The Reds led 6-1 and blew it, then led 8-6 and blew it before the Brewers pulled away. The 8-6 lead went away when Yasmani Grandal hit a two-run homer to tie it. He also started a double play when, with the bases loaded, a strikeout pitch got past him but ricocheted right back to him. The guy on first took off but no one else did because they saw the ricochet. Grandal threw down to first to retire the struck out batter then the Brewers got the baserunner out in a rundown. Just how they drew it up.

Yankees 7, Orioles 5: The Bombers hit five more homers against an Orioles pitching staff that is going to do some ghastly things to the record books before this season is out. Thairo Estrada, D.J. LeMahieu and Gleyber Torres went deep in the first three innings go give New York a 5-0 lead. Gary Sánchez homered in the fourth to make it 6-1 and Torres homered again in the fifth to make it 7-2. Sánchez has homered in three straight games. Torres has 12 homers on the year. Ten of them have come against the Orioles.

Red Sox 6, Blue Jays 5: This thirteen-inning game ended twenty minutes before midnight. Today they get started at 12:37PM. Look for some super crisp play from the Sox and Jays today! Here Michael Chavis hit a tiebreaking homer in the 13th inning to give Boston the win. Rafael Devers homered earlier for his third blast in as many games. That gave Boston a lead that Marcus Walden could not hold thanks to a ninth inning rally from Toronto that made everyone stay up late. Meanwhile, Craig Kimbrel was, I imagine, tucked into bed back wherever he calls home and will be a fresh as a daisy this morning.

Athletics 7, Indians 2: Jefry Rodríguez didn’t fool A’s batters, who touched him for five runs in four innings while Frankie Montas blanked the tribe for six while striking out nine. Mark Canha homered and drove in three and Nick Hundley on a three-hit day as the A’s won their sixth game in a row and took their 10th of 14 overall.

Royals 8, Cardinals 2; Cardinals 10, Royals 3: New rule idea: when teams split a doubleheader the team which outscores the other in the aggregate gets some sort of bonus in the standings. So, here, since the Cards “beat” the Royals 12-11, each team gets one win and the Cards get, um, a point on top. Wait, that would require some sort of hockey-style points system too. OK, we can work with that. It might require some more changes. Like, when you lose a getaway day game in under two and a half hours, you lose a point as a “phoning it in tax.” There are all kinds of variations we can come up with here. Let’s blow this dang game up!

Oh, here: Brad Keller tossed two-hit, two-run baseball and the Royals — boosted by a Jorge Soler three-run homer — beat up on Michael Wacha in the first game. In the second game Homer Bailey got shelled, failing to make it out of the second inning, while Marcell Ozuna, Matt Carpenter, Dexter Fowler and Kolton Wong all went deep. Adam Wainwright was shaky but John GantAndrew MillerCarlos Martinez and John Brebbia combined for four innings of scoreless relief to disabuse Kansas City of any notions of a comeback.

Rockies 9, Pirates 3: For the second time in a couple of weeks Josh Bell hit a homer into the Allegheny River on the fly. That was nice but, at least until my points-system rules changes come into effect which would provide Bell a “cool factor” bonus, it was just a solo shot. Meanwhile, Rockies batters Daniel Murphy and Tony Wolters each hit three-run homers in the early going. Rockies starter Jon Gray allowed three runs and seven hits with seven strikeouts in seven innings. One of those strikeouts was of Bell, on three pitches no less, in his next plate appearance after the splash homer. That would take a half point away, by the way.

Rangers 2, Mariners 1: The sweep. And the seventh win in eight games for Texas. Hunter Pence homered. Seattle is now in last place where most people expected them to be. That opening series in Japan seems like a thousand years ago.

Padres 5, Diamondbacks 2: Eric Lauer allowed one run on four hits over seven frames Eric Hosmer drove in a couple. Kirby Yates got his 20th save of the year. That’s a 65-save pace for a team that’s just above .500.

Rays 8, Dodgers 1: A couple of solo homers had this one tied at one entering the bottom of the seventh, with Dylan Floro taking over for the Dodgers to start the inning. He hit guy, gave up two straight singles, then a homer and just like that L.A. was down 5-1. The homer — a three-run shot — came from Avisail García and chased Floro. Caleb Ferguson then came in, walked a guy, struck out two, then hit a guy and surrendered a three-run bomb to Kevin Kiermaier. Not what you want out of your bullpen.

Marlins 6, Tigers 3: The Marlins were down 3-0 entering the sixth before coming back. Brian Anderson hit a two-run shot for Miami, Neil Walker doubled in a couple and Garrett Cooper hit his first career homer to power the comeback. That’s five straight wins for the Fish. Eight straight losses for the Tigers, whose early season friskiness has long since passed.

Braves 9, Giants 2: Jeff Samardzija allowed six unearned runs but, as we said the other day, not all unearned runs are created equally. He put a couple of guys on and the would-be out number three of the inning was postponed due to an error, but before it was finally recorded he gave up a run on a wild pitch and coughed up homers to Dansby Swanson and Freddie Freeman. So, yeah, take that “unearned” stuff with a grain of salt. The Giants couldn’t do much against Max Fried, who allowed two over six, and nothing against the Atlanta pen which tossed two shutout innings.

Twins vs. Angels — POSTPONED:

Got on board a westbound seven forty-seven
Didn’t think before deciding what to do
Oh, that talk of opportunities, TV breaks and movies
Rang true, sure rang true
Seems it never rains in southern California
Seems I’ve often heard that kind of talk before
It never rains in California, but girl, don’t they warn ya?
It pours, man, it pours