A-Rod and others in new PED report

[metirish]

Yes, it really is bizarre....God bless the NYY ....

part of MLB statement.....

based on his use and possession of numerous forms of prohibited performance-enhancing substances, including Testosterone and human Growth Hormone, over the course of multiple years...for attempting to cover-up his violations of the Program by engaging in a course of conduct intended to obstruct and frustrate the Office of the Commissioner's investigation.

years and years...

[Ceetar]

metirish wrote: Yes, it really is bizarre....God bless the NYY .... part of MLB statement..... based on his use and possession of numerous forms of prohibited performance-enhancing substances, including Testosterone and human Growth Hormone, over the course of multiple years...for attempting to cover-up his violations of the Program by engaging in a course of conduct intended to obstruct and frustrate the Office of the Commissioner's investigation. years and years...

It was just so frustrating! throw the book at him dammit!


Wonder if we'll ever get specifics on what exactly 'obstruct' means or just stuck with the "MLB knows best" stuff.

[A Boy Named Seo]

I'm sure the NYY will try and figure out a way to wriggle out of that contract, but this really does seem a better way to damn both ARod & the Yanks than a lifetime ban would, and may prove the same result in the end anyway.

Yanks are hopefully stuck paying the balance of that albatross & old, ass gimpy A-Rod is sitting around on his 2 bad hips til he's 40?? Good luck with that comeback, bro.

[metirish]

I like that scenario too....as do most here I am sure.

NYT answers some questions here, nothing really new but here it is

Q. Since he is now facing a suspension that begins Thursday, how come Rodriguez can still play? A. Rodriguez has vowed to appeal his suspension to baseball�s arbitrator, Fredric Horowitz, as is his right under the Joint Drug Prevention and Treatment Program between Major League Baseball and the players association. During the period of the appeal, which could take a month, or more, Rodriguez is allowed to take part in games. Q. If the suspension is upheld by the arbitrator, what then? A. Rodriguez must cease playing immediately and remove himself from the team. He cannot play in the minor leagues, and professional leagues in Japan, Korea and Taiwan honor suspensions by Major League Baseball, so he cannot play there, either. If he is absolutely dedicated to continue playing, he might have an avenue in the independent minor leagues in this country that are not affiliated with major league teams. Q. If the suspension is overturned what happens? A. Rodriguez can continue to play as if nothing ever happened. But the acrimony and distrust between him and the Yankees would not quickly, if ever, go away. Q. Rodriguez is owed almost $95 million through 2017. Will he be paid during the suspension? A. No. Q. What does that mean for the Yankees? A. Incredible savings, perhaps as much as $36 million, if the suspension is upheld in full. Even better, the money can be deducted from the Yankees� payroll calculations in 2014. And if the Yankees� payroll is under $189 million in 2014, the team can collect a substantial rebate. In all, a suspended Rodriguez will give the Yankees much more financial flexibility in the short term. Q. Unless he truly believed he was innocent, why didn�t he accept a deal from Major League Baseball that would have been less harsh than the suspension he is now apparently going to fight? A. Baseball was willing to accept a deal for a smaller suspension for Rodriguez, say, perhaps for 150 games. But for Rodriguez, the difference between that number � which would have allowed him to come back in the second half of next season � and 211 games was not big enough to convince him that a deal made sense. With each passing day Rodriguez, who is 38, presumably gets less productive. Already in a visible decline, his better days are probably the ones directly in front of him, compared with those a year or more away. Now is his best, and perhaps last, chance, to perform well. In addition, under Rodriguez�s existing contract, he makes more money this year ($28 million) than in ensuing years ($25 million in 2014, $21 million in 2015), so, financially, it makes sense to push the suspension back as far as possible. Q. Can he sue? A. The short answer is yes, but it is not an easy road to take. First, he must pursue the appeals process, as provided in the collective bargaining agreement. After that, there are complicated steps that must be undertaken in pursuit of other legal action. Rodriguez�s legal team has been discussing the possibility of filing a suit in federal court that could claim that the Yankees and Major League Baseball collaborated in suspending him as a way to escape the remainder of his hugely expensive contract. His lawyers are also considering an argument that the Yankees� medical staff botched the diagnoses of Rodriguez�s physical troubles for years on end, forcing him to seek alternative treatment. Q. What happens when the suspension is over? A. Theoretically, Rodriguez can come back and play. But he may be 39 years old at the time and there is no telling if he will be capable of doing so. Still, he will have 61 million reasons to try, representing the money still left on his contract for the 2015 through 2017 seasons. However, if at that point, Rodriguez is deemed physically unable to play, he could pursue a medical disability. In that case, he would collect all of his money and the Yankees would get roughly 80 percent back through insurance. Or, perhaps they could come to an agreement to buy Rodriguez out of the remainder of his contract. It would be costly, but for the Yankees, after so many years of Rodriguez distractions, it might be worth it. Q. Could the Yankees void the rest of his contract? A. There is a provision in the joint drug program that states that only the commissioner�s office, and not major league teams, can penalize a player for substance-abuse matters. The Yankees have looked into ways to void Rodriguez�s contract and have not really found any, but there is a possibility that when Major League Baseball presents its evidence against Rodriguez that an avenue to void the contract may present itself. But it would be very difficult.

[Frayed Knot]

Wonder if we'll ever get specifics on what exactly 'obstruct' means or just stuck with the "MLB knows best" stuff.

That's the thing, the fact that Rodriguez insists on fighting this thing makes it all the more likely that details will spill out.

but this really does seem a better way to damn both ARod & the Yanks than a lifetime ban would, and may prove the same result in the end anyway.

Oh HELLZ YEAH this is much better!!
This was the best of all possible outcomes as far as I'm concerned: Yanx are forced (because his re-hab time is up) to take a damaged, rusty ballplayer back on their roster during the appeal WHO THEY DESPERATELY NEED!!
Meanwhile the appeal makes it all the more likely that the details get out; the time lag makes it all the more likely that player/team animosity builds up; and he'll still have three more years on the deal once this is all over and he's in his forties and has no more hips left to operate on.

[Ceetar]

except the Yankees are likely to benefit financially. greatly. next season against luxury tax hits and what not.

[Edgy MD]

I like that these are mostly written off the same template but differ as to what went wrong in their decision-making --- "certain mistakes," vs. "errors in judgment" vs. "unsound thinking."

Cruz stands out in trying to make a medicinal case for himself.

All of them acknowledge mistakes made in 2012, implying but not stating outright a claim that they've all been squeaky clean in thirteen.

Texas Rangers' Nelson Cruz: I have been notified by the Commissioner of Major League Baseball that I have been suspended for 50 games for violation of the Joint Drug Agreement. I have decided to accept this suspension and not exercise my rights under the Basic Agreement to appeal. From November, 2011 to January, 2012, I was seriously ill with a gastrointestinal infection, helicobacter pylori, which went undiagnosed for over a month. By the time I was properly diagnosed and treated, I had lost 40 pounds. Just weeks before I was to report to spring training in 2012, I was unsure whether I would be physically able to play. Faced with this situation, I made an error in judgment that I deeply regret, and I accept full responsibility for that error. I should have handled the situation differently, and my illness was no excuse. I am thankful for the unwavering support of my family, friends and teammates during this difficult time. I look forward to regaining the trust and respect of the Rangers organization, my teammates, and the great Rangers' fans, and I am grateful for the opportunity to rejoin the team for the playoffs.

Yankees' Fernando Martinez: I have been notified by Major League Baseball that I am to be suspended for 50 games for violation of the Joint Drug Agreement. I accept this suspension and will not exercise my right under the Basic Agreement to appeal. I made a serious mistake during the 2012 season and I accept full responsibility for this mistake. I look forward to regaining the trust and respect of the Yankees' organization, their fans and most importantly, my family. I am hopeful that I can make significant contributions to the Yankees in 2014.

Mets' Jordany Valdespin: I have been notified by the Commissioner of Major League Baseball that I have been suspended for 50 games for violation of the Joint Drug Agreement. I have decided to accept this suspension and not exercise my rights under the Basic Agreement to appeal. I made certain errors in judgment during the 2012 season and I accept full responsibility for those errors. I look forward to regaining the trust and respect of the Mets' organization, Mets' fans and my family, and look forward to contributing to the Mets in 2014.

Mets' Cesar Puello: Today, I was notified by the Commissioner of Major League Baseball that I have been suspended for 50 games for violation of the Joint Drug Agreement. Out of respect for the Mets' organization, my teammates, and my family, I have decided to accept this suspension and not exercise my rights under the Basic Agreement to appeal. I made certain mistakes during the 2012 season and I accept full responsibility for those mistakes. I look forward to regaining the trust and respect of the Mets' organization, Mets' fans and my family, and ultimately helping the club win a championship.

Philadelphia Phillies' Antonio Bastardo: Today, I was notified by Major League Baseball that I have been suspended for 50 games for violation of the Joint Drug Agreement. I have decided to accept this suspension and will not exercise my rights under the Basic Agreement to appeal. I made significant errors in judgment during the 2012 season and I accept full responsibility for those errors. I look forward to regaining the trust and respect of the Phillies' organization, Phillies' fans and my family, and look forward to helping the Phillies win a championship in 2014.

San Diego Padres' Fautino de los Santos: I was notified by Major League Baseball that I am to be suspended for 50 games for violation of the Joint Drug Agreement. I willingly accept this suspension and will not exercise my rights under the Basic Agreement to appeal. I made certain unsound decisions during the 2012 season and I accept full responsibility for those decisions. I look forward to regaining the trust and respect of the Padres' organization, their fans and most importantly, my family. I look forward to helping the San Diego Padres in 2014.

Seattle Mariners' Jesus Montero: I have been notified by the Commissioner of Major League Baseball that I have been suspended for 50 games for violation of the Joint Drug Agreement. I have decided to accept this suspension and not exercise my rights under the Basic Agreement to appeal. I made certain mistakes during the 2012 season and I accept full responsibility for those mistakes. I look forward to regaining the trust and respect of the Mariners' organization, Mariners' fans and my family. I look forward to making significant contributions to the Mariners in 2014.

Houston Astros' Sergio Escalona: I was notified by Major League Baseball that I have been suspended for 50 games for violation of the Joint Drug Agreement. I will accept this suspension and not exercise my right under the Basic Agreement to appeal. I made errors in judgment during the 2012 season and I accept full responsibility for those errors. I will make every attempt to regain the trust and respect of the Astros' organization, their fans and most importantly, my family. I am hopeful that I can make significant contributions to the Astros in the 2014 season.

[Ceetar]

Edgy MD wrote: I like that these are mostly written off the same template but differ as to what went wrong in their decision-making --- "certain mistakes," vs. "errors in judgment" vs. "unsound thinking."

A lot of them have the same agency representing them.

[Edgy MD]

So I understand. My point was cuh-learly about where they differed.

Here's a conspiracy... why does Centerfield's first name and last initial appear under Puello's statement in the Daily News article? You're not crafting this stuff for them, are you, Center?

[batmagadanleadoff]

Edgy MD wrote: I like that these are mostly written off the same template ..

"I did deserve to get beaned after I waltzed
around the bases on that homerun and if Terry Collins
didn't insist on that Pirate pitcher plunking me, I
would've asked Matt Harvey himself to deck me
with his fast ball from 20 feet away. Bud Selig is
the greatest commissioner in the history of baseball.
I have been treated very well. And fed very well".

Edited August 5, 2013 by Guest

[Centerfield]

I wish I were. I imagine it pays well.

My press releases have a different vibe:

Suspend this you fucking fuckheads. Fuck Fuck Fuck. Fuck your Commissioner. Fuck your baseball. Bitches! You're all fucking bitches. Fucking fuckhead bitches. AAAAAAAAAAAAAHHHHHHHHH. Fucking Collins.

[metirish]

So, looking away from all the Rodriguez bluster the team effected most with todays suspensions is the Rangers?

[metirish]

Per Neil Best
Ch. 2, Ch. 4, Ch. 7, ESPN, MLBN, SNY, CNN, ESPN NY Radio, WFAN, WABC Radio, WCBS Radio, WINS Radio carrying @AROD presser. @YESNetwork not.


Typical dick move by YES

[batmagadanleadoff]

Put me down for due process and transparency. Let's all see, out in the open, what MLB's got against A-Rod instead of Selig's Star Chamber dispositions.

Justice, Ethics, and Bud Selig's Legacy
By Michael Baumann on August 5, 2013 12:00 PM ET

I believe Alex Rodriguez used performance-enhancing drugs in violation of Major League Baseball rules. I believe this is wrong. I believe he should be suspended. And I think that sucks. I don�t remember much of baseball before the sport�s culture became as much about drugs as the game itself. And now the two best baseball players I�ve ever seen (pending the continued development of Mike Trout) have been eternally disgraced and are unwelcome in the game they helped make great, despite no failed drug tests between them. This isn�t about breaking the rules, because in pursuing suspensions for Biogenesis-related drug infractions against Rodriguez, Ryan Braun, and others, Major League Baseball, in the person of Bud Selig, pursued discipline in unprecedented ways. Even though the word of someone like Tony Bosch, a scumbag with a needle, a notebook, and a motive for selling out his former clients, has never been actionable evidence for Major League Baseball (otherwise Kirk Radomski and Brian McNamee would have brought down many more All-Stars than Bosch will), it�s good enough now. Even though there are procedures for the length of drug-related suspensions, we won�t pay attention to them now, because they�re inconvenient. Justice involves clear-cut penalties for wrongdoing and a specific process for doling out those penalties. Not an evidence set of "well, I guess that must be good enough" and penalties based on "well, I guess he�s allowed to do that." That�s not justice. That�s blackmail. This isn�t about ethics, either. Because it�s unethical to cheat at a game. Probably not as unethical as suing someone without the financial means to defend himself, just because he won�t do what you want him to. Probably not as unethical as hiring someone to resolve your disputes fairly, then firing him when you don�t like the result. Probably not as unethical as (allegedly) intimidating witnesses. And this isn�t about integrity. Integrity isn�t running your business into the ground, having it resurrected when your employees start playing fast and loose with the rules, then turning around and throwing those employees under the bus when they become inconvenient. Somewhere along the line, Rodriguez and Braun stopped being rulebreakers to Selig. Drug cheats fail drug tests or get caught with product and serve 50-game suspensions for a first offense. Someone who�s interested in justice and integrity and rules doesn�t try to give someone four times the agreed-upon punishment for a crime, then throw a tantrum when his chosen adversary tells him to shove it. Selig thinks he�s entitled to be judge, jury, and executioner for crimes he ignored that he professionally profited from 15 years ago. He thinks he�s entitled not only to stage a trial or a witch hunt, but to levy extraordinary punishments when those who break the rules don�t turn themselves in. It�s blustery hubris that would shame Rodriguez himself. It is the height of na�vet� to think Major League Baseball, by virtue of being Major League Baseball, is inherently in the right, or empowered, or legitimate. Major League Baseball is a business, run by men, and like all such organizations, must be judged by our satisfaction with its product and the conduct of its representatives. And in the latter case, it must be found wanting. This is not the first time an MLB commissioner has entered a berserker state. Baseball�s first commissioner, Kenesaw Mountain Landis, used the power of his office to preserve the racial segregation of baseball. Ford Frick, a longtime friend of Babe Ruth�s, responded to Roger Maris breaking Ruth�s home run record by delegitimizing Maris�s record. And Bowie Kuhn used the commissioner�s office to keep female reporters out of locker rooms, as well as doggedly fighting the effective unionization of baseball players. His battle against the advent of free agency would delay the start of baseball�s most prosperous era and is characteristic of the arrogant, shortsighted conservatism that is reflected in Selig�s newfound vigilance toward performance-enhancing drugs. The irony is that by inflating the Biogenesis case, Selig is prolonging the public perception that drugs are a particular problem in baseball, as opposed to other sports. Cycling has reformed itself and moved on, even though the cloud of speculation hangs unfairly over the likes of Chris Froome (as it does over Chris Davis). Alberto Contador and Alejandro Valverde contended for this year�s Tour de France and nobody seemed unduly put out. In football, drug suspensions are routine, yet nobody cares. In basketball and soccer, not only is there no drug outrage, there�s also no fear of such outrage becoming necessary, which seems odd in two of the most physically demanding team sports in the world. And in hockey, whose media can be just as shrill and moralistic as baseball�s, we seem satisfied that the game is totally clean except for one scrub defenseman. Why is that? Maybe it�s because, instead of hysteria, those other sports have combated performance-enhancing drugs with rules and professionalism. The face of cycling�s anti-doping regime is one of measured discipline and solemn sincerity. Baseball�s face belongs to a finger-wagging septuagenarian who�ll pitch a fit if he doesn�t get his way. This isn�t about ethics or justice or rules. This is about ego. Rodriguez and Braun are going to baseball�s version of the stockade. And if Landis, Frick, and Kuhn are any example, Selig�s going to the Hall of Fame.

http://www.grantland.com/blog/the-triangle/post/_/id/70400/justice-ethics-and-bud-seligs-legacyp

_______________________

Justice Served?

With the Biogenesis suspensions, the worst-kept secret in MLB history is finally out
By Jonah Keri on August 5, 2013

Major League Baseball suspended 13 players for performance-enhancing drug violations Monday, closing the book on every Biogenesis-linked player except Alex Rodriguez. Commissioner Bud Selig elected not to deploy the collective bargaining agreement's "best interests of baseball" clause and suspend A-Rod for life, despite rumors that such a lifetime ban might occur. Instead, MLB announced a suspension that would knock Rodriguez out for the rest of this season, the 2013 playoffs if the Yankees were to make it, and all of 2014. The Major League Baseball Players Association reportedly tried to strike a deal today, but according to ESPN's T.J. Quinn, those efforts were rebuffed. Rodriguez appealed the suspension, which will be ruled on by independent arbitrator Fredric Horowitz. In the meantime, Rodriguez is expected to play for the Yankees, starting tonight at U.S. Cellular Field against the White Sox. Nine players previously named in various reports thanks to MLB leaks to the press received 50-game suspensions that will begin immediately. They are Rangers outfielder Nelson Cruz, Tigers shortstop Jhonny Peralta, Padres shortstop Everth Cabrera, Yankees catcher Francisco Cervelli, Mariners catcher Jesus Montero, Yankees outfielder Fernandez Martinez, Mets minor league outfielder Cesar Puello, and free-agent pitchers Fautino De Los Santos and Jordan Norberto. Three players not previously named during the ongoing case will also serve 50-game suspensions effective immediately: Phillies reliever Antonio Bastardo, Astros reliever Sergio Escalona, and Mets outfielder Jordany Valdespin. Rumors had surfaced that other players could get suspended as well. But MLB elected not to punish A's starting pitcher Bartolo Colon, Padres catcher Yasmani Grandal, and Blue Jays outfielder Melky Cabrera, since all three had already served 50-game suspensions that started last year. Two other players named in reports, Nationals starter Gio Gonzalez and Orioles utilityman Danny Valencia, were found not to have committed any violations of the Joint Drug Agreement and are now in the clear. [***] Rodriguez's case holds the most intrigue, though, for multiple reasons. In calling for a 211-game ban (it would take effect on Thursday), MLB is attempting to impose its longest suspension ever for a player suspected of PED-related offenses. An overreach in the form of a lifetime suspension triggered by the CBA's "best interests" clause might have set up a clash with the players union that could have had far-reaching effects, including more contentious negotiations before the current CBA expires on December 1, 2016, and the two sides go in to negotiate a new one. A "best interests" ruling might have created the (entirely accurate) perception that the league wasn't granting Rodriguez due process in this case. It might have created legal complications, too, which labor lawyer Eugene Freedman eloquently outlines in this excellent Hardball Times post on A-Rod, the JDA, and the CBA. Given that the JDA clearly outlines suspensions as 50 games for a first PED-related offense, 100 for a second, and a lifetime ban for a third, Rodriguez has plenty of grounds to appeal. Thanks to MLB leaks, we have countless reports that the league supposedly has overwhelming evidence of Rodriguez's transgressions, including text messages to Biogenesis founder Tony Bosch promising to exchange money for PEDs. A-Rod has admitted to using PEDs from 2001 through 2003, when he played for the Rangers. But he has never been suspended for a failed test, possession, or any other PED violation, thus setting up a 50-game ouster as the JDA-sanctioned punishment for a first offense. Of course, MLB has decided once before not to stick to the letter of the JDA on that front. The league suspended Ryan Braun two weeks ago for 65 games. Braun had failed a drug test in 2011, but avoided suspension after arbitrator Shyam Das upheld the Brewers outfielder's appeal, which cited improper actions by urine sample collector Dino Laurenzi Jr. In theory, then, MLB only had grounds to suspend Braun for 50 games for his Biogenesis-related violation. But the two sides agreed to a season-ending 65-game suspension instead, with MLB announcing merely that Braun had been found guilty of "violations of the Basic Agreement and its Joint Drug Prevention and Treatment Program." The Braun suspension, and the one Rodriguez now faces, raise multiple questions. Is the JDA now obsolete, given that Major League Baseball can apparently impose more than the prescribed punishment for first-time offenders? Will future suspensions be subject to extensive negotiations involving MLB, the player, and the union, rather than following the steps negotiated by all sides during past rounds of collective bargaining? Moreover, what constitutes something more than a typical first offense? Making multiple orders for performance-enhancing drugs? Denying those purchases to MLB? Offering money to prospective witnesses in a pending PED case, because it's fine for baseball to cajole witnesses, but if a player does so he might be subject to a lifetime ban? If you want a reason to cheer Rodriguez's appeal (and you're not a Yankees fan), consider that MLB's evidence is now far more likely to be revealed than if the two sides had simply negotiated an agreed-upon suspension, thus likely answering many of these questions. Had the league and Rodriguez settled, we'd likely be left in the dark as to the full extent of the player's violations, the way we were with Braun. Here, the public stands a greater chance of learning exactly what MLB has on A-Rod, and thus how it might interpret future violations by other players when it seeks suspensions of various lengths. It is truly one of the great coincidences of our time that the two most famous players implicated in the Biogenesis case, including the least likable one, happen to be facing steeper penalties than anyone else involved. Consider the extent to which baseball lucked out here. Every player suspended in this case was found guilty of just a single PED violation, except for: � Braun, a player the league had been trying to nail for a year and a half for what it perceived as a technicality, especially after he lied repeatedly about his PED violations, and ... � Rodriguez, one of the most mocked athletes in the history of sports, a player who had been ridiculed for everything from having an image of an A-Rod centaur in his bedroom to his taste in women to his methods of avoiding tags to his general narcissism to his widely suspected but never proven use of performance-enhancing drugs. For everything to line up so perfectly in baseball's favor, you'd have to call this one of the greatest strokes of PR-related good fortune in the annals of Western civilization. After all, there's no way MLB would pursue certain players more doggedly because it believed the court of public opinion would tilt in its favor if it did so. As things stand, a suspension lasting 200-plus games stands to both hurt the Yankees and greatly benefit them. New York currently sits 4� games out in the chase for the second wild-card spot. Given the terrible players the team has installed at third base in Rodriguez's stead this year, even a gimpy 38-year-old coming off a long absence would stand a good chance of producing more value for the team. On the other hand, a suspension lasting as long as has been proposed would save the Yankees about $34 million. More than just saved salary, that money wouldn't count against the team's luxury tax threshold. That could open the door for the Yankees to aggressively pursue a variety of high-priced players, ranging from re-signing Robinson Cano and Hiroki Kuroda to courting free agents like Shin Soo-Choo, Jacoby Ellsbury, Matt Garza, Carlos Beltran, Brian McCann, Hunter Pence, and others. They could also look into trades for high-priced players the way the Dodgers did last summer (or more likely, something not quite that ambitious). As things stand, the Yankees have only seven players under contract for next season, including Rodriguez, with a total committed payroll of about $89 million � not counting multiple other players under team control who'll be eligible for arbitration or renewals. Ditch A-Rod's salary and you could, say, pay full freight to outbid L.A. and other potential suitors on Cano, bring back all or most of your team-controlled players not under long-term deals, and still fill out the rest with quality talent � all the while ducking under next year's $189 million luxury tax, thus saving tens of millions of dollars, now and in the future. There's one last sad element to this story, one that goes beyond unequal treatment of players depending on their nailability factor, keeping settlement details private so that the public can't see what actually happened, and burnishing Bud Selig's reputation as he prepares to leave the game: Sometime soon, Rodriguez will likely play his final game. Just as we lamented the end of the line for known performance-enhancing amphetamine users Hank Aaron (see page 268) and Willie Mays, I'll be doing the same for A-Rod. Whether chemically enhanced like Aaron, Mays, and 19th-century pitcher Pud Galvin or clean, Rodriguez was a breathtaking player to watch, one of the greatest of all time. He won three MVP awards and probably deserved at least three more, having led the American League in Wins Above Replacement six times. He was a five-tool player manning the toughest non-catcher position in the game, coming up with fellow shortstop stars Derek Jeter and Nomar Garciaparra and putting up numbers that dwarfed both of theirs. Beyond the numbers and awards, A-Rod in his prime played with an unparalleled combination of power and grace. He cracked the big leagues at age 18. His first career home run, a monster blast on a hanging Tom Gordon curve, came at 19. He was a superstar by age 20, making spectacular plays at short, running like a deer, and swatting the ball into the stratosphere on a regular basis. Contrary to his reputation as a player who folded under pressure, he overcame tense situations such as wearing a Turn Ahead The Clock uniform, and also hoisted the Yankees on his shoulders throughout the 2009 playoffs, carrying them to a World Series title. Alex Rodriguez and Barry Bonds were the two best and most electrifying position players of the past quarter-century. Bonds never played again after 2007, despite posting a gigantic .480 on-base percentage that year, slugging .565, and launching 28 home runs. Unlike Bonds, A-Rod is under contract with a major league team, so he can't be swept under the rug for PED suspicion � at least not yet. Rodriguez might have cheated and he might have lied. But we will get to see one of the best baseball players to ever walk the earth, at least for a little while longer. Maybe you're like me and want to see an all-time great get his last licks in. Or maybe you simply believe in due process for everyone, no matter how vile you might find a person's actions. Either way, A-Rod being in the lineup tonight in Chicago is a big win for baseball.

http://www.grantland.com/story/_/id/9541151/jonah-keri-biogenesis-suspensions

[MFS62]

Most of the teams have around 50 or more remaining games on their major league schedules.
But if games get rained out and the teams play fewer than 50 games, do the suspensions spill over to next year?

Later

[Ceetar]

I don't give a crap about blaming Selig for 1998 and that time period (nor do I care that they took stuff, but that's another story). Whatever. Moralize why it was like that and what should have been done elsewhere, this biogenesis stuff has nothing to do with it. What, because baseball decided, for whatever reason, that steroids weren't a big deal then they can't make a big deal about it now? bullshit.

It's not Bud Selig now versus Bug Selig then, it's about the rules set in place by the CBA and the witch hunt and arbitrary rules set in place for 'obstructon and frustration' or whatever they called it. Put all your cards on the table and tell us what you have, what A-Rod did (Did he break into the clinic and burn records?) to block the investigation. Then tell us what what he did was so much worse than anyone else that he deserves additional punishment other than the agreed upon one. Tell me if A-Rod was Fernando Martinez, he would've gotten the same suspension through next year.

[nymr83]

MFS62 wrote: Most of the teams have around 50 or more remaining games on their major league schedules. But if games get rained out and the teams play fewer than 50 games, do the suspensions spill over to next year? Later

very rarely do they avoid makeup games altogether, MLB is like Uncle Scrooge, once they have your money they don't want to give it back.

I dont think anyone has played less than 161 since the strike-shortened 1995 season.

[Edgy MD]

I'm not sure there's any reason to decry the arbitrariness of the penalty against A-Rod. He has the most powerful union in America to help him appeal; he gets to play until the appeal is heard; if the appeals process works like the appeals process usually works in baseball, his suspension will be cut in half; and he has the right to take his case to a court beyond baseball if he's still not satisfied.

And with each step in the appeals process, more of the alleged evidence will come out.

I'm a big fan of due process, but I'm not going to confuse A-Rod with Harry Wu yet.

Sane and sober people were declaring just a few days ago that the powers had aligned to ensure that he had played his last game for the Yankees. Apparently not.

[Centerfield]

I don't know the ins and outs of the mechanics of these suspensions, but I have a hard time understanding the point of the set suspensions (50, 100, etc) if baseball is going to just do what it wants anyway.

I hope A-Rod wins.

[Edgy MD]

To them, interfering with the investigation is a violation unto itself. They want to take him down like Nixon.

[MFS62]

Edgy MD wrote: To them, interfering with the investigation is a violation unto itself. They want to take him down like Nixon.

He gave his Checkers speech Friday night.

Later

[Vic Sage]

I'm not sure there's any reason to decry the arbitrariness of the penalty against A-Rod. He has the most powerful union in America to help him appeal; he gets to play until the appeal is heard; if the appeals process works like the appeals process usually works in baseball, his suspension will be cut in half (to a number similar to everybody else's); and he has the right to take his case to a court beyond baseball if he's still not satisfied.

This is all true, but it doesn't make Selig's arbitrary and vindictive actions any more justifiable. It just means A-Rod has the means to possibly overcome them, or at least put them up for scrutiny by fairer-minded arbiters.

And I won't lose a dollop of sleep over A-Rod's treatment by MLB. If anybody deserves it, he does. But the point is nobody does deserve to be subject to this type of capricious authority, and Selig is just a hypocritical, venal, self-serving front-man for millionaires, trying to resuscitate his own reputation by burnishing it with moral outrage.

[Edgy MD]

I agree that it seems capricious and arbitrary. But they say that have him on good that extend beyond drug violations. As we know, MLB doesn't make these punitive decisions in an open courtroom. (Perhaps they should, but that goes beyond the treatment of Rodriguez.)

If they do got the goods on him, for violations beyond the drug policy that speak to the general agreement, and he continues to aggressively appeal, the particulars will come out. If they don't, that'll come out also.

[Guest d'Kong76]

The over coverage of this is making OJ look like a pimple
on the ass of professional sports. My head is gonna splode.

[Benjamin Grimm]

The Daily News this morning had a full eight (or maybe ten) pages devoted to this. I read the article about Jordanny and skipped the forty articles about Rodriguez.

[batmagadanleadoff]

ARod, the JDA and the CBA
Posted by Eugene Freedman

Now that Major League Baseball has announced that it will suspend Alex Rodriguez on Monday, there are a host of questions that need to be answered. Initially, it was reported that the Commissioner was planning to suspend A-Rod under the provisions of the Collective Bargaining Agreement (CBA), rather than the Joint Drug Agreement (JDA) in order to require him to serve the suspension immediately, prior to an arbitration hearing and award. The latest reports seem to indicate that the suspension will be under the JDA. Had the Commissioner attempted to suspend Rodriguez under the provisions of the CBA, it would have created different wrinkles. The Joint Drug Agreement (JDA) provides that the appeal be completed prior to the suspension being served. Initial reports had indicated that MLB and the Commissioner�s Office intend to suspend A-Rod from playing immediately, prior to the arbitration award under Article XII, Section A, of the CBA rather than the JDA. The problem for MLB is that the JDA covers just-cause suspensions as well as positive test result suspensions, among other violations. Specifically, Section 7(G)(2) of the JDA provides for just-cause suspensions. Section 8(D)(1) of the JDA provides that suspensions are to commence on the third business day after the suspension is announced, unless the player or union files a grievance, in which case it is stayed until the arbitration award has issued. Because just-cause suspensions are expressly contained in the JDA, any argument that the JDA does not apply likely would fail. There were also reports that MLB will instead use the Commissioner�s �best interests� disciplinary powers from Article XII, Section B of the CBA. That would have posed a problem for the union, not because of the language itself, or even the unilateral Commissioner authority �nuclear option� in Article XI(A)(1)(, but because of how the union�s argument would be made on that issue. A dispute over whether the suspension was under Article XII or the JDA would require bargaining history testimony about the meaning of the JDA and how it supplements and amends the CBA. Former MLBPA attorney Gene Orza has implied that the �nuclear option� in the CBA was negotiated to provide the Commissioner specific and unique powers in disciplining players for gambling. But bargaining history isn�t a legal argument; it�s a finding of fact on the intent of the parties regarding that section of the CBA. There must be evidence in the form of witness testimony and documents for arbitrator Horowitz to find in favor of the union�s argument on this question. The plain language doesn�t sufficiently support the union�s position. Therefore, it would be likely that a suspension under that section would commence even before the case is heard and decided. That is, even if the question of under which section the Commissioner may suspend Rodriguez is ultimately decided in favor of the union. Moreover, there is no irreparable harm to A-Rod if the suspension goes into effect immediately rather than after the hearing, even if no discipline is the result. His damages are strictly financial. He can be made whole for any financial loss. Many people believe missing games is irreparable, but if that were the case, all suspensions would be stayed until the conclusion of the process. They are not. Only those under the JDA are stayed. As an aside, normally the employer is judicious in discipline and discharge cases because of the risk of large back-pay awards. In this case, MLB has no skin in the game. If it loses, the Yankees�not MLB�have to pay A-Rod. While that may be moot given the deep pockets of MLB, it does make for an interesting situation that is quite uncommon. All that said, MLB appears to have abandoned both Article XII( and Article XI(A)(1)( as justifications for immediate suspension and/or no-appeal rights, and rightly so. As I�ve explained in several places, the JDA and its penalties are expressly contained in the CBA. If there is a dispute as to which section of the CBA/JDA applies, the arbitrator is going to make that determination as a contract interpretation grievance. The arbitrator also would make the determination regarding his own jurisdiction if the commissioner invoked the �best interests� clause and attempted to circumvent arbitration. Ultimately, the fact that the JDA covers offenses, penalties, and the appeals process would undermine MLB�s argument, potentially putting the entire discipline in jeopardy. I expect the hearing to commence relatively quickly and for it to last upwards of five days. It�s likely that arbitrator Horowitz will be on the phone with both parties Monday dealing with scheduling and procedural matters. As I�ve written before, MLB bears the burden of proof regarding proof that the misconduct occurred and that the discipline is reasonable and appropriate for that misconduct, both by a preponderance of the evidence. If the penalty is already contained in the CBA, MLB only has to prove the charged misconduct took place, but several provisions provide for a range of suspensions of no fixed period. There is no requirement for briefs in the Appendix A of the CBA covering the hearing procedures, but it is likely that the arbitrator will request them even if the parties do not, given that there likely are to be legal as well as factual arguments that will be made. It will be interesting to read the charges once they are leaked. Similar offenses require similar penalties. If MLB is truly pursing a suspension of the entire 2014 as well as the remainder of 2013, it far exceeds the penalty imposed on any other player. First use requires a 50-game suspension. MLB and the union appear to have agreed to that penalty contained in the JDA for all or nearly all of the other players implicated in Biogenesis. The JDA also contains a provision for an 80-to-100-game suspension for distribution or sale of PEDs. I have a hard time believing that providing Biogenesis� contact information to other players constitutes distribution. Even so, 150 games is not 214 games. Ryan Braun agreed to an additional 15 games because of his failure to cooperate in the investigation. Melky Cabrera engaged in an attempted cover-up of his positive test, yet he received no additional suspension beyond the 50 games. MLB appears to be overreaching. As I�ve repeatedly stated on Twitter, we don�t have all of the information, and we likely never will. The only parties privy to it are the individual players, the union, and MLB. Having that information was sufficient to resolve the vast majority of cases. Unions frequently advise members to accept discipline when the evidence is very strong against them and the penalty is reasonable. In this situation, some have taken this to mean that the MLBPA is now weak. I see it as pragmatic. But in the case of Rodriguez, it appears MLB was intent on overcharging him and overreaching on the penalty. So, we are where we are today: headed to arbitration. It doesn�t mean that the parties won�t settle before the final award, but given the reports that the Commissioner is taking this personally, it is unlikely. The best counsel can never overcome an irrational client. Regardless of the outcome this case, it is likely arbitrator Horowitz�s last for MLB and the Players Association. Whichever party is least satisfied with his decision likely will dismiss him. The difficulty would come if either party tried to dismiss him after a procedural ruling rather than after the issuance of a final award. Because termination of an arbitrator is a contractual matter under the CBA, the next appointed arbitrator would hear the case about Horowitz�s dismissal, filed by the party not desiring to terminate arbitrator Horowitz mid-case. And, that second arbitrator would no doubt reinstate Horowitz to hear the remainder of the A-Rod case. Finally, it should be noted that Rodriguez will not and should not sue MLB, nor should MLB or the Yankees sue him for violating his player contract or in an attempt to void his contract. While there are people suggesting any number of lawsuits, including injunctive and/or declaratory relief, these suits would be dismissed. These are matters to be dealt with under the CBA�s negotiated grievance procedure. The United States Supreme Court decided a series of cases known as the Steelworkers Trilogy in 1960. In those cases, the Court decided that all disputes regarding matters related to or covered by the CBA must go to grievance arbitration and cannot be heard in the courts. This covers discipline and termination of contracts, and The Supreme Court also greatly restricted judicial review of arbitral awards. Moreover, the JDA strictly prohibits individual clubs from taking action against players for violations of the drug policy. It vests exclusive power with the Commissioner. Whatever arbitrator Horowitz�s decision is in this case, as long as it draws its essence from the CBA, it is final and binding and not able to be appealed. Eugene Freedman is Deputy General Counsel for a national labor union. He received a degree from Cornell University in Industrial & Labor Relations and his law degree from University of Maryland. Follow him on twitter @EugeneFreedman.

[metsmarathon]

is it at all possible for the arbitrator to come to the conclusion that the commissioners office has so egregiously overpunished alex rodriguez that, in the form of a rebuke, the entrity of alex's suspension is revoked?

because that would be somewhat delicious.

[metirish]

That would be cool....I mean , all he wants to do is get back and help his team win!, for shucks sake last night putting on the uniform was just like that time in 1998 when he made his MLB debut....he just wants to win.....of course, him playing for the MFY for the next five years and sucking wold be great.

Couldn't help but tune in to YES for some for the game....Kay couldn't be more pompous if he tried....he is just a loathsome person.

[Benjamin Grimm]

metsmarathon wrote: is it at all possible for the arbitrator to come to the conclusion that the commissioners office has so egregiously overpunished alex rodriguez that, in the form of a rebuke, the entrity of alex's suspension is revoked? because that would be somewhat delicious.

I would think that he'd at least get the 50 games that everyone else is getting.

My guess is that he ends up missing the first couple of months of 2014, but not the entire season.

[Zvon]

I'm so sick of this A-Rod business. Todays Daily News has around 12 pages of Skank/A-Roid coverage. 1/2 a page of Mets. Its usually around 6 pages of Skank, 1/3 page Mets.