(The following was originally published at SB*Nation’s Pinstriped Bible)
I told you so! (Photo: Getty Images)
For years, the Major League Baseball Players’ Association resisted a comprehensive drug policy out of fear that their constituents’ rights and privacy would be violated. Marvin Miller and Donald Fehr have been vilified by some for their refusal to budge on this issue, with some accusing the two union leaders of aiding and abetting the sport’s steroid culture. However, recent events have proven these concerns to be well founded.
Over the past decade, baseball has enjoyed relative labor peace. The players, led by new union chief Michael Weiner, and the owners, represented by Commissioner Bud Selig, have managed to not only avoid acrimony, but also collaborate on many issues, from economics to rule changes to drug testing. Because of this period of détente, baseball has enjoyed exponential growth and increasing popularity, both worldwide and in the United States. Considering the fruits of this harmonious relationship, it would stand to reason that both sides would be extremely careful about violating the other’s trust. Unfortunately, when it comes to performance enhancing drugs, Selig and his owners have seen fit to abandon reason, opting instead to overzealously pursue even the slightest hint of abuse regardless of the collateral damage. If every action deserves an equal and opposite response, baseball’s current posture regarding the use of steroids seems designed to cancel out the depraved indifference of its past.
Since baseball’s drug testing agreement was implemented, there have been several privacy violations. The highest profile case belongs to Ryan Braun, whom, despite having his failed drug test vacated on appeal, is still regarded by many as being a cheat. Those who believe Braun was guilty anyway probably consider this to be justice. To them, improper testing procedures are only a mere formality. However, regardless of where you stand on his guilt, the validity of Braun’s appeal is really a secondary issue. The most egregious violation occurred when the results of the test were revealed, despite a policy calling for confidentiality until the process had run its course. The leak that thrust his name into the headlines effectively robbed Braun of his due process. Although his camp has stated it doesn’t believe the MLB hierarchy purposely revealed the results, the league is still responsible for the confidentiality of the process. After all, if baseball can’t ensure privacy, then none exists, which means Fehr and Miller were right all along.
Braun has been “public enemy number one” since winning his appeal. (Photo: Reuters)
Braun’s case is relevant again because of recent news suggesting that Major League Baseball is specifically targeting the former MVP in its investigation of the infamous Biogenesis notebooks. According to reports by Yahoo!and USAToday, baseball has effectively made Braun “public enemy number one” in its crusade to suspend players associated with the Florida clinic (so he doesn’t feel left out, Alex Rodriguez is also reportedly another high profile target). In response to the allegations, baseball’s executive vice president Rob Manfred has denied a disproportionate interest in Braun, but actions speak louder than words.
The most damning revelation from the two news accounts was MLB’s plan to grant immunity to players in exchange for testimony. Unless the same offer is made to every player, the implication is clear. Baseball isn’t interested in punishing all PED users, just the players they deem significant. That’s not only an unfair application of justice, but it also has the potential to undermine the legitimacy of the entire system, which is exactly the position taken by MLB when asked by the MLBPA to consider mitigation to punishment based on intent.
Aside from being high profile players, the Yahoo! report stated that Braun and Arod have become prime targets because baseball investigators believe the two players were dishonest in previous dealings. In other words, MLB isn’t looking to prosecute violations of the Drug Policy, but is instead seeking revenge for being fooled in the past. That’s particularly the case with Braun, whose victorious appeal has never sat well with baseball’s higher powers. By taking this tact, MLB has not only cast a prejudicial cloud over its investigation, but also violated the spirit of trust it has forged with the union and its players.
If baseball continues to trample over its agreement with the players, you can bet the MLBPA’s willingness to cooperate with the league will diminish. Not only will that have a chilling effect on future modifications to the Drug Policy, but it will likely extend to other issues as well. Trust between labor and management is a very difficult bond to form, but an easy one to break. Selig and company have done their best to give the MLBPA doubts about maintaining a future relationship…and provided the union’s past leadership with an opportunity to say “I told you so”.
First of all, the leak of Braun’s test results deprived him of some unmerited privacy, but it didn’t violate his due process rights at all. His appeal proceeded apace and thanks to an incompetent arbitrator, Braun escaped his due punishment. Braun doesn’t have any valid complaints at all, at least until it’s shown that the leak came from MLB rather than the Players Association or Braun’s associates.
You are also assuming that Rob Manfred is lying about a “disproportionate interest in Braun’s association with Biogenesis. Baseball is legitimately interested in the Biogenesis case and is commendably pursuing a vigorous investigation. The association of Braun with Biogenesis is a valid interest by baseball. It’s getting more media attention than the other linked players, both because of Braun’s celebrity and his notoriety, but there’s no evidence that MLB’s interest is at all “disproportionate”. The only action MLB has taken so far against any player that I’m aware of is the 100 game suspension of the minor league player for lack of cooperation in the investigation. The minor league player might have a legitimate grievance with MLB, but Braun certainly doesn’t.
Braun was denied due process. He was found guilty in the court of public opinion based on evidence that should have been inadmissible.
As for whether Manfred’s words speak louder than baseball’s actions, two separate articles cited sources in the game stating MLB is targeting Braun and Arod. If that’s wrong, then this is a non-issue, but MLB has proven adept at leaking information, so I am not giving them the benefit of the doubt.
Braun’s “unmerited privacy”? Thanks to an “incompetent arbitrator”? Really? The appeals process that MLB players partake in is supposed to be 100% confidential. There’s nothing unmerited about his privacy. Additionally, Shyam Das is well respected in professional sports. He’s hardly incompetent.
You sound like a bitter ass.
“Braun was denied due process. He was found guilty in the court of public opinion based on evidence that should have been inadmissible.”
No, Braun was not denied “due process”. Due process proceeded to its conclusion, and Braun’s suspension was vacated. BRAUN GOT DUE PROCESS, EVEN IF IT WAS IMPROPERLY CARRIED OUT.
What’s this “court of public opinion”? Braun was GUILTY! GUILTY! GUILTY! The arbitrator threw his case out, ruling improperly that the chain of custody was violated. It wasn’t.
Braun’s urine sample was stored over the weekend in a locked refrigerator — provided by MLB — entirely in accordance with the Collective Bargaining Agreement (CBA). Braun’s sample was delivered to FedEx Monday morning, which transported it to the lab, again entirely in accordance with the CBA. The arbitrator decided that it took too long, but there is no explicit timeline in the CBA. The arbitrator manufactured an excuse which had no justification in the CBA.
That Braun’s privacy was “violated” was not relevant to “due process” unless someone in the MLB office deliberately or negligently failed to protect it. The evidence isn’t there to support that conclusion. Besides, no one knows who let the cat out of the bag. It could have been a flunky in Braun’s agent’s office. It could have been a minion in the Players Association office. It could have been a clerk in the MLB office. It might even have been a friend or relative of Braun that he confided in.
What’s with all this misplaced and irrational sympathy for Braun? He cheated, and he got away with it solely because the arbitrator was incompetent. Braun deserves all the public scorn he’s gotten. In addition, he deserved that 50 game suspension. Baseball fans got cheated, not Braun.
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“MLB has proven adept at leaking information, so I am not giving them the benefit of the doubt.”
This is something that you’ve made up out of whole cloth. Humans spill secrets all the time. Unless you have some evidence that MLB is “leaking” information, you’re just exposing your prejudices.
Get real. The damage to reputation is just as punitive, if not more so, than the 50-game suspension. If you want to get hung up on the logistics, fine, but for all practical purposes, Braun was not afforded due process because the protocol calls for privacy until all appeals have been exhausted. By leaking the test results, a punitive measure was taken before the process ran its course.
Your adamant insistence on Braun’s guilt proves my point. The protocols were not properly followed. Period. Braun is not guilty, but because of baseball’s failure to protect confidentiality, people can irresponsibly insist that he is.
Finally, read the two articles linked above. Baseball sources provided the information. Are USAToday and Yahoo! fabricating this? If so, that’s an even bigger scandal.
“Get real. The damage to reputation is just as punitive, if not more so, than the 50-game suspension.”
If Braun were innocent, you’d have a point, but you don’t.
“By leaking the test results, a punitive measure was taken before the process ran its course.”
You’re assuming MLB leaked the test results. There’s no evidence of that, just your overwhelming prejudice, whether that’s against MLB or in favor of Braun, the CHEATER..
“Your adamant insistence on Braun’s guilt proves my point. The protocols were not properly followed. Period.’
You refuse to face the facts. The protocols in the CBA were followed. The arbitrator imposed a new, arbitrary standard that’s not in the CBA.
“Braun is not guilty,”
You can claim that as often as you want, but you’ll never make it true. Braun’s suspension was vacated because an incompetent arbitrator improperly threw out the evidence. If this were a criminal trial that proceeded to a verdict, it would be the equivalent of a “not guilty” verdict, but it wouldn’t mean that Braun was innocent, just that he wasn’t convicted.
Braun flunked his test. That the arbitrator threw out the test results because of an imaginary violation of protocol does not alter the results. Braun did cheat and he was guilty. He just got off because of an arbitrator who didn’t do his job properly.
“… but because of baseball’s failure to protect confidentiality, people can irresponsibly insist that he is.”
There’s a big difference between “getting off” and actually being innocent which you conveniently ignore.
“Finally, read the two articles linked above. Baseball sources provided the information. Are USAToday and Yahoo! fabricating this? If so, that’s an even bigger scandal.”
Those articles are filled with errors, rumors, and misinformation. What’s new? I’ve never read a newspaper article where I was personally familiar with the facts of the case where the article got everything right. I’ve read dozens of articles on the Braun case and digested the factual body of the case. I’ve even looked up the applicable CBA language. The body of the evidence indicates that Braun’s sample was handled correctly and that it tested positive for PEDs. The irrational protests of Braun’s misguided fans don’t alter the facts.
Braun’s urine sample was stored over the weekend in a locked refrigerator — provided by MLB — entirely in accordance with the Collective Bargaining Agreement (CBA). Braun’s sample was delivered to FedEx Monday morning, which transported it to the lab, again entirely in accordance with the CBA.
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Migratory, you’re a moron. His sample was not “stored in a locked refrigerator”.
From Dino Laurenzi’s statement:
“Immediately upon arriving home, I placed the FedEx Clinic Pack in a Rubbermaid container in my office which is located in my basement.”
It was placed in a plastic container, and left out on a counter top in his basement.
http://espn.go.com/mlb/conversations/_/id/7625756/statement-dino-laurenzi-jr-collected-samples-ryan-braun-case
And the sample was not delivered Monday morning. Per Braun’s press conference, Laurenzi dropped it off at 1:30 in the afternoon on Monday.
http://www.jsonline.com/blogs/sports/140333483.html
He held the sample in his home for 44 hours. There were several Fed Ex locations within 50 miles of Miller Park, where the sample was taken. Per the CBA, he is REQUIRED to ship if it is at all possible. At least one of the locations was open 24 hours.
The agreement is not open to interpretation, and mishandling of a sample should have immediately disqualified it from testing. There are specific reasons why collecting and handling protocols are in place. They were not followed. Period.