Monday, August 5, 2013

Biogenesis

Supposedly baseball is going to handout a boatload of suspensions today. Their primary target is going to be Alex Rodriguez. The threat to him right now is that he'll be suspended for the rest of this season and then all of NEXT season as well. In short, the suspension will be for at least 210 games. Baseball has done nothing like this before.

The Yankees are hoping it happens so that they can save $35 million in A-Rod's salary. If anything, its starting to look like THEY are very active behind the scenes trying to make that happen. They realized about a year ago that his current contract is an incredible money pit and they want to do anything they can to get out from under it. IF this suspension is successful, they'll have a year and a half to figure out how to get out of paying him the rest of his remaining contract. IF baseball bans him for life (which is what they are pressing for) they'll be free and clear of over $100 million of previous obligations. They made a bad deal and now they want to use MLB to help them get out of it.

I'm not going to argue about if A-Rod did anything wrong or not. I'm not going to argue about if he did anything illegal or not. I'm just going to talk about what Bud Selig is doing to "protect" baseball.

Right now, Selig and his people are demanding that all players on that infamous Biogenesis list admit that they were doing wrong and accept a 50 game suspension or be banned for life. Even if they want to appeal his decision, they'll will be suspended until the long arbitration process is over.

In affect they are telling ALL the players on the list "admit this or we'll do everything we can do to destroy you and your careers." In legal terms that is best described as extortion or blackmail. THIS is highly illegal. Baseball, in its haste to "get the situation behind them," is ignoring any sort of normal proceedings to MAKE it happen. It's simply been a series of closed door meetings where negotiations are being made to MAKE players accept the lesser of two penalties without any chance for them to prove potential innocence.

Before I go any further, I'd also like to add that baseball has NO LEGAL AUTHORITY to do what it's doing at the Bogenesis clinic. They threatened the owner of the place that they would go to the law if he wouldn't  SELL them his CONFIDENTIAL records. Another pretty clear case of extortion. The owner gladly accepted their offer because he needed the money and didn't want to face potential legal problems as the supplier.

What's funny is that baseball is accusing A-Rod of interfering with the investigation because he tried to BUY his CONFIDENTIAL records (you know, the one's he's entitled to because they are HIS). It's not even clear at this point if A-Rod is the one who tried to buy his records FIRST or if the owner sought out A-Rod to try and sell him his records in yet another extortion scheme. In other words, A-Rod may not have been the instigator. He simply refused to be blackmailed this way and as a result, the owner followed through with his threat and sold all the information to Selig and his crew.

What bothers me the MOST in all of this is that baseball, by doing EVERYTHING behind the scenes and out of the way of prying eyes, may in effect be promoting some very highly illegal activity, and covering it up at the same time. IF none of this ever goes to court, we will never know just how much illegal activities occurred by both the owner and MLB. Did the owner extort A-Rod? Did baseball extort the owner? These are serious questions. Far more serious than the drug scandal by the players.

And what role will or does the union play in all of this? The union is supposed to protect its players, that's why there is a union contract.

The current MLB drug policy, that was approved by MLB, the baseball team owner,s and the union states that it provides for a 50-game suspension for a first positive test, a 100-game suspension for a second positive test, and a lifetime suspension for a third positive. A-Rod has never failed an official union-allowed drug test.

According to the collective bargaining agreement, they don't even have the authority to do anything else in drug related matters unless they let Selig use his blanket and intentionally vague "in the best intertest of baseball" clause, one that would probably be shot down in a court of law. 


Yes, A-Rod failed baseball's FIRST confidential drug test administered in 2003, but that was just baseball trying to determine if there WAS a problem. ALL participants in that test were guaranteed (promised) complete and total confidentiality when taking the test. They were told their participation was necessary to help baseball going forward. They were also told they would be protected.

Baseball failed in that promise, and never sought out legal proceedings against those who illegally leaked the information. At this point, many are starting to wonder if league officials didn't "leak" the information themselves to ensure public outcry,  forcing the union to accept the current drug testing arrangement.

Again, if NONE of this goes to court, we will never know just how corrupt Selig or his cronies have been in all of this. This is mafia-like extortion, and MLB has manipulated it in such a way that the fans are only focusing THEIR attention on a few players who may or may not have done anything illegal. The greater corruption may be in MLB itself and I have not seen any media sources focusing on that.

Is it possible that with BILLIONS of dollars of revenue at stake that places like ESPN and Fox are simply ignoring baseball's role in all of this?

I know baseball and Selig want none of this brought out in open court. The depositions and testimony by the extorted players would be incredible. Imagine A-Rod telling his story explaining WHY baseball threatened him with a lifetime ban if he didn't knuckle under to their blackmail scheme. And also telling the court how baseball threw him under the bus in 2003 when they promised him anonymity.

Again, I'm not saying players did nothing wrong in all of this. I'm saying that MLB may have been guilty of so much more. Prosecutable, illegal stuff.

And one last point: When the legal system goes after drug crimes, they go after the suppliers and dealers, often cutting deals with the addicts and users so that they will testify against the BIGGER problem, those people supplying the drugs.

Baseball, in it's rush to prove that some players may have been users, are letting the suppliers get away with REAL crimes so that they can penalize the little guys who may not have done anything illegal. Baseball didn't even TRUST their primary witnesses ( the owner and the employee who leaked the information) until AFTER those two agreed to give/sell  them the information they NEEDED to make their case. They weren't recognized as CREDIBLE until after MLB (and they alone) determined the records were what THEY needed.

Notice I didn't say evidence? All they have are records from unreliable, and suspected drug dealers and suppliers. Until any of this actually goes to a courtroom, NONE of it is evidence. Evidence is produced in a court. Until an unbiased third party looks at this stuff, it's merely one side's opinion.

Opinions should not have the ability to ban players for life.





1 comment:

  1. I'm in agreement with you. This whole thing is really out of whack!

    ReplyDelete