Mar 22, 2013, 12:07 PM EST
Here’s a deep thought: if Major League Baseball is certain enough that its players took PEDs supplied to them by Biogenesis that they’re willing to file a lawsuit to that effect, why are they not certain enough to simply suspend Ryan Braun, Alex Rodriguez and all of the other players named?
Seriously. You can’t file a lawsuit in good faith unless you are willing to swear under oath that what you put in that lawsuit is true. And for their part, the lawyers, by virtue of the rules of civil procedure and legal ethics, are bound to file only those lawsuits which they believe to be in good faith. My misgivings about the merits of this lawsuit aside, let’s assume — because it is polite to assume such things — that Major League Baseball truly believes and has basis for what it says in the complaint.
If so, is that not enough for them to suspend the players under the Joint Drug Agreement?
There’s not a burden of proof in the JDA. It merely requires, in the case of no positive test result, “just cause.” They have just cause to file the lawsuit — and they already suspended a minor leaguer based on what is now known — so why not just suspend Braun and everyone on a just cause basis now and make them appeal the discipline?
Of course they would appeal it, and with no shortage of vigor. But they’re going to do that regardless of what happens in this lawsuit. Indeed, baseball’s whole end game is to get the Biogenesis records and then suspend players, so they’e going to have this fight eventually, and there’s no way the players’ union will ever concede that what documents MLB is able to get — likely none, but whatever — prove anything. They’ll argue until the end of the world.
So have the fight now without this charade of a lawsuit. Put Braun and everyone on defense. No matter what happens — even if Braun wins on appeal again — Bud Selig can throw up his hands and declare victory, saying that they did what they had to do and, once again, those no-good players got off on a technicality. Or, perhaps, with a new arbitrator in place and all of the stuff that has thus far spun out of Biogenesis, they actually get their men this time.
Seems preferable to monkeying around with a dumb lawsuit.
- Francisco Rodriguez re-signs with the Brewers 8
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended 255
- Pirates open to massive extension for Andrew McCutchen 16
- Report: Josh Hamilton had a relapse this offseason that “involved at least cocaine” 85
- Yankees don’t plan on having to pay A-Rod’s $30 million in home run milestone bonuses 49
- San Francisco — and all of California — will consider a smokeless tobacco ban that includes MLB parks 130
- Rob Manfred says a return to a 154-game season could happen one day 66
- Report: The Yankees were “fuming” at how A-Rod handled his early arrival to spring training 113
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended (255)
- San Francisco — and all of California — will consider a smokeless tobacco ban that includes MLB parks (130)
- Report: The Yankees were “fuming” at how A-Rod handled his early arrival to spring training (113)
- Cuban prospect Yoan Moncada reportedly signs with the Red Sox for $31.5 million, plus $31.5 million in penalties (106)
- Gregg Zaun says young players should be physically abused and hazed by veterans. So they can learn respect. (105)