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Alex Rodriguez plans to fight the Biogenesis charges head-on

Aug 14, 2013, 8:17 AM EST

Alex Rodriguez Getty Images

Given that every report on the matter claims that Major League Baseball has overwhelming evidence of Alex Rodriguez‘s drug use one might assume that his defense would center on the severity of the penalty as opposed to the charges on the merits. If one did so, however, one might be wrong. From ESPN:

MLB suspended Rodriguez for 211 games earlier this month for what baseball alleged was his use of banned substances over “multiple years,” among other violations.

Rodriguez’s attorney, David Cornwell, said Tuesday in an interview with New York radio station WFAN that Rodriguez’s legal team will challenge that allegation during its appeal of the suspension.

“We are challenging that there are multiple violations of the (Joint Drug Prevention and Treatment) Program,” Cornwell said.

Lawyers say things all the time and those things may or may not hew to reality once the proceedings open. But given the posture I feel like we can conclude that the A-Rod arbitration is going to be very, very long.

But hey: at least we’ll have something to do during the long, cold offseason!

  1. sdelmonte - Aug 14, 2013 at 8:23 AM

    But will any of it be public?

    Or do we have to get all the news in the form of endless leaks?

    • apkyletexas - Aug 14, 2013 at 9:08 AM

      Leaks are the new form of public release of information. That’s how you get 70% of your news these days – sources who speak on the condition of anonymity because they are “not authorized to speak by the organization”. Except they really are “authorized to speak”, but the organizations don’t want the hassle, expense, or liability of putting out actual public statements.

      Leaking is easier and cheaper than holding a press event with 25 TV cameras and 50 microphones. And reporters love it because they can twist their “sources” words around with impunity. PR people love it, because they can deny everything later.

    • ctony1216 - Aug 14, 2013 at 11:49 AM

      And let’s hope the leaks don’t come through Bill Madden or the Daily News. The report by ESPN comes from an interview with Cornwell on WFAN by Mike Francesa, who also grilled Madden on, among other things, why exactly he thinks A-Rod is as evil as Whitey Bulger, the convicted murderer.

      If you want to hear Madden try to explain why A-Rod is as bad as Bulger, here’s the link: http://newyork.cbslocal.com/2013/08/13/must-listen-mike-francesa-bill-madden-get-into-heated-debate-about-a-rod/
      The part about Bulger begins at around the 19 minute mark.

      Madden also claimed that A-Rod:
      – would never play baseball again,
      – wasn’t challenging MLB’s multiple offenses charge,
      – and tried to negotiate a 100-game suspension-plus-agreement-to-retire, so he could collect insurance money.

      All of these were false, and Francesa challenges Madden on each of these points and addresses them with A-Rod’s lawyer in a subsequent interview, also at the above link.

      The lawyer wouldn’t say that he didn’t try to negotiate a deal at all — just not the one Madden described. So, he may have inadvertently tipped his hand and admitted some degree of guilt on A-Rod’s part. Two very good interviews by Francesa.

  2. waiverclaim - Aug 14, 2013 at 8:43 AM

    Oh great, more media coverage of something the average fan really doesn’t give a crap about…

    I mean the FA market is pretty bad this offseason, but the trade market could heat up at least? This won’t give it a chance.

    Grrrrrreeeeeaaaaaaat….

    • billmed1947 - Aug 14, 2013 at 9:18 AM

      Not all fans are average fans.

      • bravojawja - Aug 14, 2013 at 10:25 AM

        True. Some of us are better than others.

    • cur68 - Aug 14, 2013 at 11:56 AM

      Average fan doesn’t give a crap about? Really? Know what? I am suddenly the official source of Alex Rodriguez news in my circle of friends and acquaintances. I go to the pub, work, a round of golf: people who don’t even know who the guy is are asking me about Alex Rodriguez. These people are all hockey fans, too. But they all know I follow baseball and they all ask me about “ARod”. I won’t dispute what the “average fan” cares about, Waiverclaim, but the average hockey fans I know care a lot more than you’d think they should.

      • historiophiliac - Aug 14, 2013 at 3:47 PM

        I hate A-Rod for making me explain the Joint Drug Agreement to non-fans.

      • cur68 - Aug 14, 2013 at 3:48 PM

        ^^^^THIS!!!!

        If there was ANYTHING to hate him over, that’s it right there.

        Effin ARod….

  3. rathipon - Aug 14, 2013 at 8:44 AM

    “We are challenging that there are multiple violations of the (Joint Drug Prevention and Treatment) Program,” Cornwell said.

    I think this could be interpreted as saying there was only one JDA violation. Though I don’t necessarily see any reason for A-Rod to concede even that point. Rmember, there is no physical evidence of drug use here.

  4. Joe - Aug 14, 2013 at 8:44 AM

    “We are challenging that there are multiple violations of the (Joint Drug Prevention and Treatment) Program,” Cornwell said.

    The use of the phrase “multiple violations” could simply be a sign that they are fighting to dial the suspension back to 50 games, rather than a full-scale attempt to avoid suspension altogether.

    • skeleteeth - Aug 14, 2013 at 10:06 AM

      Gonna speculate as much as the next guy as there has been zero concrete evidence made public and suspect that this is/was MLB’s plan all along knowing they wouldn’t get away with keeping him out of baseball for 200+ games with this nonsense arbitrator decision in the fall. The decision to beat the proverbial dead horse that is Arod character assassination (as he does such a fine job on his own) without providing facts is somewhat puzzling and quite disconcerting though.

      • Joe - Aug 14, 2013 at 11:13 AM

        I think the JDA says that all of this is supposed to be private until after the appeal process has been completed, so the fact that there is any public information seems to be a violation.

        That said, it would have been a bit awkward for MLB to suspend everybody else and not make a peep about Rodriguez, given that we all know ARod’s name was in the Biogenesis docs. Still, they didn’t need to announce the length of the suspension.

  5. rbj1 - Aug 14, 2013 at 8:44 AM

    “We are challenging that there are multiple violations of the (Joint Drug Prevention and Treatment) Program,” Cornwell said.

    I.e., they are going to plead a single violation. A first time violation of the JDA, resulting in a 50 game suspension. Which is the correct interpretation of the agreement.

    • nbjays - Aug 14, 2013 at 10:54 AM

      Maybe he’s going to plead that he only took steroids once… for 10 years. Sort of like Joe Walsh’s statement that he got drunk once… for 14 years.

  6. paperlions - Aug 14, 2013 at 8:54 AM

    Fighting those charges head on is boring. I’d rather see a car chase, in which the charges are pursuing ARod as he drives recklessly to evade them while shooting automatic weapons out of the busted back window while cackling “you’ll never take me alive coppers” maniacally.

    • historiophiliac - Aug 14, 2013 at 9:54 AM

      Do centaurs drive?

      • paperlions - Aug 14, 2013 at 10:03 AM

        Sure, they just have specially modified cars…having 6 limbs has it’s advantages.

      • historiophiliac - Aug 14, 2013 at 10:04 AM

        That’s a myth about centaurs.

      • paperlions - Aug 14, 2013 at 10:06 AM

        Just think of how fast they could go in a Flintstones-style car.

      • historiophiliac - Aug 14, 2013 at 10:07 AM

        Oh, a PED-mobile.

      • paperlions - Aug 14, 2013 at 10:09 AM

        The Centaur version is the quadra-PED-mobile.

      • paperlions - Aug 14, 2013 at 1:41 PM

        You are welcome!

      • historiophiliac - Aug 14, 2013 at 1:45 PM

        OMG!!!! Someone has too much time on their hands — and also the guy who made that.

      • paperlions - Aug 14, 2013 at 2:00 PM

        That took about 12 seconds to find and I didn’t even know it existed before, I figured there had to be some photoshop jobs, never imagined I would find such awesomeness.

      • jwbiii - Aug 14, 2013 at 12:36 PM

        Sure.

        Saturday morning: Heading to work!

        A photo posted by Alex Rodriguez (@arod) on

      • historiophiliac - Aug 14, 2013 at 1:00 PM

        OMG, it has HANDS!

  7. heyblueyoustink - Aug 14, 2013 at 8:54 AM

    “We are challenging that there are multiple violations of the (Joint Drug Prevention and Treatment) Program,”

    Next person to quote this sentence gets a cameo on the next edition of ” Mutant League Football”.

    • paperlions - Aug 14, 2013 at 9:01 AM

      They did all do it within a minute of each other. Pretty amazing really.

      • heyblueyoustink - Aug 14, 2013 at 9:43 AM

        That’s what happens when you’re all in the bed at the same time.

    • ditto65 - Aug 14, 2013 at 11:31 AM

      “We are challenging that there are multiple violations of the (Joint Drug Prevention and Treatment) Program,”

      Did I win?

      • heyblueyoustink - Aug 14, 2013 at 1:06 PM

        When ditto literally dittos, it might be time for me to go to bed.

  8. jjohnb5393 - Aug 14, 2013 at 9:00 AM

    I don’t see how they could use a ‘multiple offense’ argument without a positive test. The Pete Rose ‘integrity of the game ‘ may could work…..who knows

  9. baseballer28 - Aug 14, 2013 at 9:07 AM

    This is why this guy should have been booted out of the league all together. They got clear cut evidence, witnesses(probably even the ball players that Arod sent there) and this dude still acts and talks like he’s innocent and has done nothing wrong at all.

  10. turdfurgerson68 - Aug 14, 2013 at 10:16 AM

    Go A-Roid, go! While you admitted to taking the juice, you never failed a drug test.

    Fu*k MLB for that crazy suspension (to help out the Steinbrenners).

    Fu*k the Yankees for trying (with an assist from MLB) to get out of paying your salary!

    • greymares - Aug 14, 2013 at 11:27 AM

      you dumbass if i admitted shooting 5 people am i innocent because nobody saw me.

      • paperlions - Aug 14, 2013 at 11:57 AM

        I don’t know…but saying you did it also doesn’t mean that you did.

      • turdfurgerson68 - Aug 14, 2013 at 2:04 PM

        Who’s the dumbass now…you dumbass.

  11. realeyezlife - Aug 14, 2013 at 10:32 AM

    I’m starting to think that Rivera got a bad batch of biogenesis from A-roid…I mean, 3 straight blown saves…

    • nickswishersneck - Aug 14, 2013 at 10:40 AM

      …all while pitching to helpless wooden dummies that are unable to swing the bat. Yes, there could be no other explanation other than it was all due to Rivera. The batters had nothing to do with it.

    • Joe - Aug 14, 2013 at 11:27 AM

      The first one might have been avoided if the Yankees had a 3B with more range.

  12. serbingood - Aug 14, 2013 at 1:44 PM

    I find it amusing that MLB and the Players Association have a drug testing agreement that starts with the word “JOINT”. I suppose the Doobie Brothers thought up the title or maybe the inspiration was the Wings song ‘Hi, Hi, Hi’ or Bob Marley.

    I also find it amusing that Jose Canseco has an all natural testosterone boosting supplement commercial running on cable stations.

    Alex has never failed a drug test since the Joint Drug Prevention and Treatment Program became the law of MLB. When truth leaves the room innuendo walks in. Somewhere Joe McCarthy is having one heck of a laugh.

    I think Alex should fight the suspension. Not for his own sake, but to make certain that future violations of MLB rules are clearly spelled out without the ability of the Commissioner to make it up as he goes on with the process. Every violation and penalty must be supported by the JSTP as written.

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