No Suspense Necessary for the A-Rod Suspension Appeal

CBA, History, Management, Media, PEDs, Players

A decision on Alex Rodriguez’s arbitration hearing to reduce or overturn his suspension is reported to be imminent. There’s no suspense here, however. It’s fait accompli. And he’ll lose.

Do you really and truly believe that MLB is going to undercut itself by reducing Alex Rodriguez’s suspension from 214 games to something less? Anything that will allow him to play this season?

Think again.

In spite of A-Rod’s litany of high-priced, smooth-talking and experienced lawyers, the entire appeal process was a non-starter. Like Captain Kirk standing before the Klingon tribunal trying to convince them of his innocence of the murder of their Chancellor, A-Rod has no chance of winning this appeal; no possible benefit from it other than garnering some sympathy from those who see how unfair it’s been. Forgetting the Trekker fiction, this show trial was only entertained because A-Rod had a right to it and is pursuing every avenue to try and reduce his penalty and get paid for at least a portion of the next season-and-a-half. In reality, it’s like a trial in North Korea. If MLB could put him before a firing squad and purge him from their sight (and the Yankees’ payroll), they would do that. That’s the equivalent of this supposed arbitration hearing meant to give A-Rod his say.

Because A-Rod has become the poster child for the flouting of the flexible and self-serving rules baseball has enacted regarding performance-enhancing drugs, they have to keep using him to validate their new tough stance on the behavior of players who ignore and try to circumvent the testing process.

This is not a defense of A-Rod.

He repeatedly lied and formulated different methods to use the drugs that he clearly doesn’t believe he can perform without. From the lies to the feigned contrition to the Biogenesis revelations to his public displays regarding the suspension and pleas for widespread sympathy to his plight, A-Rod is not worthy of mercy for what he did. But in the context of MLB and its own complicity in PED use, A-Rod should not be punished like this unless Bud Selig and his minions are taken to task as well.

The 214 game suspension is exemplar of MLB’s “get tough” tack to warn the players not to do it again; that their punishments have teeth and there won’t be the wink-and-nod at PED use there was post-1994 to the flashpoint hearing before congress in which Rafael Palmeiro‘s finger-wagging did more to antagonize the public than any anti-social Barry Bonds gesture of self-entitled arrogance ever could. There won’t be the “yeah whatever” suspensions that are so impotent that it’s worth it for an average player to use the drugs to make himself an All-Star and get an All-Star contract even if he gets caught. A-Rod is the key to send that message. It’s not the fact that A-Rod was getting busted again and again that spurred this massive and unprecedented suspension. It’s that he was the sexiest name they could have ever asked for as evidence that they were serious about putting forth the perception of cleaning up the game.

No matter your position on A-Rod and whether or not he’s deserving of what amounts to a death penalty for his career, it’s impossible to claim that this arbitration process is a fair one. It’s being heard by Fredric Horowitz, the hand-picked arbitrator employed by MLB. He is not finding in favor of A-Rod under any circumstances. Horowitz is relatively new on the job after replacing Shyam Das when Das was fired after—to MLB’s shock—finding in favor of Ryan Braun when Braun appealed his failed drug test after the 2011 season.

The other members of the three-person panel are MLB COO Rob Manfred and legal counsel to the MLBPA David Prouty. Prouty will obviously find in favor of A-Rod. Manfred is even more in MLB’s corner than Horowitz and testified for MLB. How can he be viewed as a fair judge?

A-Rod’s histrionics, desk-kicking, hand-slamming, storming out of the hearing and running right into Mike Francesa’s warm studio embrace aside, this is not an evenhanded hearing with an independent judiciary making the decision based on facts. From the beginning, the process was weighted to convict. Talking out of both sides of their mouths regarding legality and fairness, the head of Biogenesis, Anthony Bosch, was paid for his testimony. MLB purports itself to be as reasonable and objective as a court of law simultaneously using tactics that would immediately call the testimony of the star witness into question. They have Manfred testifying against A-Rod in a case in which Manfred will have a substantial say in the decision. If it sounds like North Korea, it may be because these are the methods used in North Korea.

The problem with MLB choosing not to come to a closed-door agreement with A-Rod regarding a suspension that both they and he could live with is that there’s always the potential of a federal lawsuit turning baseball’s heavy-handedness and dictatorial edicts back on itself as happened with collusion and the reserve clause. Both times baseball thought they’d win easily. Both times they lost badly. Both times it cost them an exponentially greater amount of money than if they’d just decided to treat the players as partners rather than a beaten down society of hindrances to furthering their own ends.

MLB has been notoriously clumsy in using its corporate connections and power in high places to its best advantage as the NFL does. What are they going to do when A-Rod—with nothing left to lose and seeing no logic in backing down now—chooses to toss it to the courts for an injunction allowing him to play in 2014 while the case winds its way through the legal process? Wouldn’t it have been easier to shun the attempts to use A-Rod as the conduit to wash away all baseball’s collective sins? To quash it for the good of everyone who looked the other way while the public was oohing and aahing at the record-breaking power numbers and other byproducts of the drug use? Would A-Rod have taken a 100 game suspension just to get it over with? They’ll never know. From the beginning, they were hell-bent on getting the conviction because they hate A-Rod and want to use him as their fulcrum to leverage the rest of baseball to fall in line; as the case study of what can happen if they take the same road he did.

The A-Rod decision is imminent and we know the result. But this case is far from over. And it’s MLB’s own fault if they lose again.




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