MLB Wants To Bring Down Braun & A-Rod
Via Bob Nightengale –
Ryan Braun, the Milwaukee Brewers’ All-Star outfielder, knows they are out there.
Everywhere he turns, everywhere he looks, they are there.
They are talking to his friends. They are talking to his peers. They are talking to his associates. They are scouring through paperwork. They keep digging.
They are the Major League Baseball investigators.
And Braun, five times an All-Star, the 2011 National League MVP and the only man known to successfully appeal an MLB-administered drug test, is their highest-profile target.
There are at least 90 baseball players, including Braun, whose names appear in the infamous Biogenesis Clinic records, according to one baseball official with direct knowledge of the investigation. The person spoke to USA TODAY Sports on the condition of anonymity because he is not authorized to discuss the matter because of privacy issues.
The Major League Baseball Players Association has contacted all of the players or the agents of players whose names surfaced in the records, but no major league player has been interrogated by MLB officials.
That will be coming, probably within the next two weeks, the official told USA TODAY Sports, although no firm deadline is set.
These players will have no choice but to talk to MLB officials. If they don’t cooperate, MLB can suspend them, according to the bylaws of the collective bargaining agreement.
In some cases, according to two officials who spoke to USA TODAY Sports but were unauthorized to speak publicly, some players will be granted immunity even if they admit guilt to the use of performance-enhancing drugs. They would have to fully disclose their arrangement with Tony Bosch, former director of the now-shuttered Biogenesis clinic, including any possible involvement by their agents or knowledge of other players who received performance-enhancing drugs from him.
That might be MLB’s only vehicle to get their evidence. It doesn’t have the Biogenesis records. The Miami New Times, which published the original report detailing the Biogenesis link to professional athletes, declined to turn over its records.
Who does possess Bosch’s original paperwork? MLB officials only know it’s not anyone in their office.
The cold-hearted fact everyone knows is that, without concrete evidence, no major league player or agent — 10 clients of the New York-based ACES agency already are linked to Biogenesis — can possibly be disciplined.
Baseball would love to have the federal government involved, but so far it has shown no interest. And without the feds, there is no subpoena power. No grand juries. And no reason for anyone to testify.
Yet in case you think MLB officials will just throw their hands up in exasperation, the league reminded everyone of its power last weekend, suspending Detroit Tigers minor league pitcher Cesar Carrillo for 100 games. Carrillo never tested positive, but his name surfaced in Biogenesis documents.
MLB called him in and told him that if he told the truth, punishment might be minimized. Carrillo talked, MLB didn’t believe him, according to two officials with direct knowledge of the testimony, and whacked him. He received 50 games for appearing in the Biogenesis records and 50 games for being uncooperative.
The players union could only watch, knowing that since Carrillo was not on a 40-man roster it was powerless to help him.
There might be plenty of minor leaguers to go down before this is over, maybe a few major league players, too, but there are really two players who captivate MLB’s interest.
New York Yankees star Alex Rodriguez and Braun. And Braun happens to be MLB’s Public Enemy No.1.
His successful appeal of a positive testosterone test led to major revisions in baseball’s sample collection process last year.
Baseball officials, from the top executives in New York to their field investigators, refuse to let it go.
They want Braun — badly. They have been relentless in their pursuit, trying to make life as miserable as possible for him.
…If they don’t cooperate, MLB can suspend them, according to the bylaws of the collective bargaining agreement…
This could be interesting.
If this were the government, and they were looking to arrest, try, convict and imprison A-Rod and Braun, there’d be tremendous lawsuit potential here.
As this is a private business looking to “clean up” its employees, the picture is considerably murkier. However, MLB can’t violate the Basic Agreement in its zeal to nail A-Rod and Braun to the wall.
Hmmm…I wonder if a suspension for failing to cooperate with investigators is considered the same as a suspension for admitting or testing positive, with regards to the “number of strikes” towards a permanent ban from the game…
Evan3457 wrote:
Excellent question.
If baseball wants to avoid getting another suspension overturned then they’ll be wise to exercise caution and only discipline a player if there is incontrovertible evidence through an investigation that stuck to the book.
Suspending someone for a failure to cooperate may be within MLB’s powers but it won’t solve anything if they mete out justice first and get tripped up on appeal later.
MJ Recanati wrote:
Do we know if there is an appeal process for anyone who gets suspended for failure to cooperate? And, even if there is, I suspect that it will be as useful as when a player appeals a suspension for on the field misconduct…meaning a meeting will take place and the ruling will stand.
Steve L. wrote:
I don’t know. Probably not. Which is why…
Steve L. wrote:
That’s what the courts are for. Whereas a player may appeal a three game suspension for on-field conduct and not make a fuss if the appeal is unsuccessful, I assure you that a 50- or 100-game ban will result in players (with union support, if it’s for something vague like “failure to cooperate”) seeking remedial action via the federal courts.
@ MJ Recanati:
Would baseball’s antitrust exemption help them if it went to the federal courts? (I don’t know, that’s why I am asking.)
Steve L. wrote:
Yes, it would help, as would the fact that Braun/A-Rod are part of the union and collectively bargained the terms of their labor contract. Those are probably MLB’s two main arguments in favor of any action.
That being said, anything can be litigated and I’m sure the technicalities of “cooperation” will be argued on behalf of any player that was suspended without otherwise testing postivie.
I really, really, really want Braun to go down. Not cause I care about PEDs, but I really loathe hypocrites.
Garcia wrote:
I hear ya, but I’m rooting for Braun in the same way I was rooting for OJ in 1994. The way the prosecution goes about its business is just as revolting (to me) as Braun’s alleged hypocrisy. Screw Bud Selig.
Marvin Miller is turning over is his grave…..laughing at Commissioner Slobig and his inept Boss Hogg-like stooges.