Air tight investigations don’t rely on leaks. Such a tactic is more typically born of desperation, a word that seems charitable when describing Bud Selig’s dogged pursuit of the dozens of players allegedly linked to Biogenesis.
Commissioner Selig was probably hoping the Mitchell Report would purify the stains to his legacy caused by the rampant use of performance enhancing drugs during his tenure as commissioner. Instead, it only served to expose the malpractice that took place on a league-wide basis, especially in the commissioner’s office. Ever since then, Selig has become a PED zealot, taking every opportunity to appear strident in his efforts to clean up the game. Normally, his dedication would be laudable. Instead, it just seems like a transparent attempt to clean up his own reputation.
Biogenesis is Bud Selig’s last stand on PEDs. Not only does he have an opportunity to hand out one of the most expansive and punitive drug-related penalties in sports’ history, but a successful conclusion to the investigation would help settle the score with Alex Rodriguez and Ryan Braun, two players whom Selig likely views as archenemies in his never ending fight for truth and justice. The Biogenesis scandal is more than just business; it’s personal. And, the outcome will likely influence the epitaphs of the figures involved.
So, how desperate is Major League Baseball to prove its case against the players linked to Biogenesis? For starters, it was willing to file a frivolous lawsuit against the clinic’s proprietor, Anthony Bosch, in the hopes of smoking him out. Now that the strategy has worked, MLB is prepared to abandon the lawsuit and indemnify Bosch against further litigation that his testimony might invite. Think about that for a moment. A sports league is willing to assume the legal fallout from the activities of a man they have accused of being a drug dealer. MLB has reportedly even promised, if needed, to go to bat for Bosch before federal investigators. Ironically, if MLB gets its way, about 20 players would face suspension, and Bosch would be left free to supply his “wellness solutions” to dozens more.
Another sign of baseball’s desperation is the leak that has thrust Biogenesis back into the headlines. If the sources cited by ESPN are from within the commissioner’s office, it seems reasonable to wonder just how confident MLB is in its case. Perhaps the leaks are designed to flush out further cooperation, particularly from among the accused. Or, it could represent a trial balloon used to gauge the union’s reaction. Regardless of the motivation, if MLB was really closing in hard on the alleged Biogenesis clients, they’d likely be tip toeing in pursuit, not blaring the sirens of mass media.
The main problem with Selig’s Biogenesis investigation is Bosch. He had no credibility when he wasn’t cooperating with MLB, and just as little now that he is. Although the joint drug program does permit suspensions without a failed drug test, the burden of proof is much higher without a smoking gun. How much higher? Presumably, the sworn statement of an admitted liar and accused felon doesn’t pass the threshold. Of course, Bosch could provide corroborating evidence, but even that is problematic. Unless the supporting proof is independent of Bosch’s lack of credibility, it’s hard to imagine an arbitrator giving it much weight. After all, most of the players involved have very strong corroborating evidence on their side in the form of a drug test with negative results.
Who knows how many of the alleged names on the Biogenesis client list are guilty of violating Major League Baseball’s drug policy? By all means, Bud Selig has the right to find out. However, if Bosch doesn’t have the goods, and Selig continues to pursue his claims regardless, the end will not come close to justifying the means. Baseball’s current economic success has been built upon mutual cooperation, but what took 20 years to build could be quickly torn asunder by an abuse of power. Hopefully, it doesn’t come to that. Although PEDs are an issue worthy of being addressed, there’s no room for vigilante justice, unless, of course, that is the legacy Bud Selig wants to leave behind. If so, the reputation most damaged by Biogenesis may not belong to Bosch, Arod, or Braun, but Selig himself.
Mr. Juliano, not sure I follow your argument. What is the difference in outcome between cleaning up the PED problem for the good of the sport, and what you say is Selig’s obsession with cleaning up the PED problem for the sake of his reputation? If he is taking an aggressive and effective approach to cleaning up PEDs (and so far he is way ahead of his contemporaries in the other major sports), what do you or I care what his inner motivation may be.
You also ignore the reality that, even if the attempt to punish these 20 players should fail, the message the aggressive approach sends, loud and clear, to the rest of baseball is that the league WILL go to extraordinary measures, win or lose, to get PEDs out of the game. I applaud Selig’s move, as it will help move things in the right direction whether it is successful or not. And I couldn’t care less what his motivation may be.
His inner motivation is important because an overzealous pursuit of suspected PED users IS NOT in the best of the game. Relative labor peace is not worth sacrificing for a handful of suspensions.
As for sending loud and clear messages, I’d prefer MLB start with DUIs before getting too carried away by the use of substances that have no proven impact on performance.
[…] watch. Neither alternative is very flattering, and Selig knows it. As a result, he has seemingly embraced the role of vigilante, perhaps hoping that, and not his complicity, will be his lasting […]