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  • 3 weeks later...

Ugh.  Too bad really.  Though the way he got out of the last positive test was always suspect.  

 

Bet the Yankees are happy about A-Rod. This way they won't have to pay him.  

About $17 million NYY off the hook for.....

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I don't see how MLB can suspend a bunch of guys based on the word of a single person (a person with huge credibility issues, and a lot to gain by talking).  

 

I agree with most of this:

10 Or So Thoughts on Biogenesis, A Scandal For All the Wrong Reasons

 

Especially this part:

3) The idea that baseball can actually secure suspensions against 20 or more players on the basis of sketchy records and a canary's say-so is self-evidently preposterous. The text of the drug agreement between labor and management can be found  here; page seven spells out punishable acts, among which “Be accused of buying drugs from a wellness quack with his head in a hangman's noose” is not to be found. There is a handwaving "just cause" clause mentioned, but one would have to be a very particular sort of lawyer invested in a highly perverse type of tendentious misreading to convincingly argue that this applies to the random collection of notes and birdsong on offer here.

Ryan Braun, one of the players under suspicion here, actually tested positive for banned substances recently, and escaped punishment because the proper protocols for the handling of his bodily fluids weren't followed. (This was, incidentally, not a technicality—the integrity of any system of drug testing is entirely reliant on letter-perfect adherence to technical procedure.) Given that precedent, any suggestion that “This minor character from a Charles Willeford novel said so” will hold up in arbitration as strong evidence is laughable on its face.

 

3a) The logical follow on to a claim that Bud Selig can suspend Braun or Alex Rodriguez because there is circumstantial evidence they possessed proscribed drugs at some point is a claim that he can suspend any player who has admitted to doing so. Andy Pettitte's confession that he used human growth hormone is rather more powerful proof of guilt than anything so far provided in the Biogenesis case, after all. What would stop the commissioner from whimsically banning him down the stretch, perhaps costing the Yankees a pennant? (For that matter, what would stop him from suspending Derek Jeter or Mike Trout on the basis of your assurances that you totally sold him Deca-Durabolin this one time?)

 

3a-a) Any system of punishment that entirely relies on the presumed prudence and restraint of one person should be scoffed at by the public and actively resisted by those subject to it.

 

It seems pretty unlikely to me that these suspensions will happen at all, but if they do, it will only be after MLB produces a lot more evidence than what they purport to have right now (and after a really long fight with the union, followed by a lengthy appeals process). 

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What's your beef with Braun, as opposed to the 20 other guys?

 

At least for me, it was the way he acted after the first test was thrown out on a technicality pointing the finger at everyone else.  MLB I am sure had it out for him, but if there is sufficient evidence that he used PEDs he should get the 100 game suspension.

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Doesn't matter to me what team he plays for.  Braun's a dirtbag.  Completely fucked over that other guy to get by on the technicality.  Just a bad guy.  I'd like to see him banned for life.

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Braun didn't get off because of a loophole. He got off because MLB didnt follow the process they had agreed to follow. If he hadn't gotten off, the drug testing program would have lost its credibility. I don't have a problem with punishing players according to the proscribed rules, but the rules apply to the league too, not just the players. It's not a loophole because it was exactly the intended result of that part of the agreement.

At this point MLB hasn't claimed to have any evidence other than a list of names.  Gio Gonzalez has already been exonerated as everyone seems to agree that he only bought legal supplements from Biogenesis.   I don't see how MLB can claim to know that that isn't true of anyone else on the list too.  Even if Bosch has some notes on what he gave to each of them, it's still just one guy's word.  There's no way that can stand up against a collectively bargained agreement that lays out exactly what is punishable and exactly how those things should be punished.  If they suspend players for this (at least based only on the evidence that has been made public so far), then there would be nothing stopping Selig from suspending players based on any person's claims, baseless or not.  Shouldn't  there be a standard of proof for things like this?

 

Also, for all we know, whatever steroids transaction Braun did with Biogenesis was exactly the same one that resulted in the failed drug test.  Same with Grendal and Melky.  Should they be suspended again for the same offense?  If they get suspended again, it would be a more severe punishment than other people who have been suspended for failed test who just happened to have bought their 'roids from someone else.  That doesn't make sense.  I'm all for players getting suspended for failing a test, or maybe if there was some more conclusive evidence, but I think that the players are entitled to the certain rights and to the process that was agreed to in their union contract.  I don't think that suspensions should just be by Bud Selig's proclamation.

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Braun didn't get off because of a loophole. He got off because MLB didnt follow the process they had agreed to follow. If he hadn't gotten off, the drug testing program would have lost its credibility. I don't have a problem with punishing players according to the proscribed rules, but the rules apply to the league too, not just the players. It's not a loophole because it was exactly the intended result of that part of the agreement.

 

not a loophole, but a technicality.  It is the same as a person being found not guilty of a crime because the police screwed up procedurally.  Did the person commit the crime, yes, but are they guilty no.  The way Braun conducted himself afterwards pointing a finger at the MLB and they tester is what people have a problem with.

 

Yes I agree we have all jumped the gun and proclaimed these 20 players guilty with out any evidence and that is wrong for sure.  But if ARod and Braun are found guilty of using PEDs I hope the punishments are swift and to the letter of the policy.  

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  • 3 weeks later...

Nearly 3 weeks with no activity in the baseball thread.  Wow.  Glad Lincecum got a no-no yesterday.  I like him.  Also, I was just so pissed at the Twins for their recent play, then they turn around and win 2 of 3 in the Bronx.  Sure, the Yankees are old and injured, but they seem to always have the Twins' number.  Hope at the all star break??

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