All Forums > SimLeague Baseball > MLB > A-Rod: Sympathetic figure?
8/5/2013 10:46 PM
Posted by tecwrg on 8/5/2013 10:35:00 PM (view original):
By that logic, attempted murder would not be a crime.
Actually obstructing a MLB investigation isn't a crime, let alone attempting to.
8/5/2013 10:53 PM
That's just obtuse.  Obviously it's not a crime, which is why he isn't being prosecuted in the legal system.  But he IS being "prosecuted" by MLB for what are, effectively, crimes against baseball.  There is absolutely no reason the legal analogy doesn't work.
8/5/2013 11:33 PM
Posted by dahsdebater on 8/5/2013 10:53:00 PM (view original):
That's just obtuse.  Obviously it's not a crime, which is why he isn't being prosecuted in the legal system.  But he IS being "prosecuted" by MLB for what are, effectively, crimes against baseball.  There is absolutely no reason the legal analogy doesn't work.
And there are guidelines for his PED related crimes laid out in the JDA.
8/6/2013 6:40 AM
Posted by bad_luck on 8/5/2013 9:43:00 PM (view original):
Posted by MikeT23 on 8/5/2013 9:03:00 PM (view original):
Posted by bad_luck on 8/5/2013 8:43:00 PM (view original):
Posted by MikeT23 on 8/5/2013 8:28:00 PM (view original):
Since MLB got them, one might think they had more right to them. 
Well, no. MLB got them because Bosch agreed to turn the documents over. MLB didn't have more rights before hand.

There's a 68 Camaro parked down the street. It's not for sale but I'd like to have it and I might make an offer. My neighbor across the street would also like to have it. Neither one of us has more rights than the other to the car.
Why did Bosch turn them over to MLB and not ARod?
Because they could give him what Arod couldn't, relief from a lawsuit.
ARod couldn't file a lawsuit?
8/6/2013 7:23 AM
Posted by bad_luck on 8/5/2013 11:33:00 PM (view original):
Posted by dahsdebater on 8/5/2013 10:53:00 PM (view original):
That's just obtuse.  Obviously it's not a crime, which is why he isn't being prosecuted in the legal system.  But he IS being "prosecuted" by MLB for what are, effectively, crimes against baseball.  There is absolutely no reason the legal analogy doesn't work.
And there are guidelines for his PED related crimes laid out in the JDA.
Witness tampering, attempting to destroy evidence, and otherwise obstructing an active investigation is not "PED related".
8/6/2013 10:25 AM
A) Do we know he did that? B) You act like it's an investigation with authority. MLB's investigation carried no more legal weight than an investigation by you or me. C) All of the alleged obstruction was directly related to PEDs. Without the PEDs, there was no investigation to obstruct.

Wishful thinking from a Yankee fan wanting to get rid of Arod. Dude's a douche and he cheated and deserves to be suspended. But the suspension needs to be within the guidelines set forth in the JDA. It makes no sense to suspend everyone else for 50 games and suspend Arod for 211.
8/6/2013 10:30 AM

Again, MLB has no right to police their sport?   To ensure their employees are behaving within the guidelines agreed upon?

8/6/2013 10:36 AM
Posted by MikeT23 on 8/6/2013 10:30:00 AM (view original):

Again, MLB has no right to police their sport?   To ensure their employees are behaving within the guidelines agreed upon?

Did I say they have no right to police their sport?
8/6/2013 10:39 AM
Posted by bad_luck on 8/6/2013 10:25:00 AM (view original):
A) Do we know he did that? B) You act like it's an investigation with authority. MLB's investigation carried no more legal weight than an investigation by you or me. C) All of the alleged obstruction was directly related to PEDs. Without the PEDs, there was no investigation to obstruct.

Wishful thinking from a Yankee fan wanting to get rid of Arod. Dude's a douche and he cheated and deserves to be suspended. But the suspension needs to be within the guidelines set forth in the JDA. It makes no sense to suspend everyone else for 50 games and suspend Arod for 211.
MLB, in many ways, is a closed system.  They have been given a fair amount of discretion by the legal system to police themselves as they best see fit.

So yes.  MLB can carry out an internal investigation of violations of it's rules and hand out discipline within the guidelines of the JDA AND the CBA.

It doesn't take a degree in rocket science to understand that.
8/6/2013 11:31 AM (edited)
Posted by tecwrg on 8/6/2013 10:39:00 AM (view original):
Posted by bad_luck on 8/6/2013 10:25:00 AM (view original):
A) Do we know he did that? B) You act like it's an investigation with authority. MLB's investigation carried no more legal weight than an investigation by you or me. C) All of the alleged obstruction was directly related to PEDs. Without the PEDs, there was no investigation to obstruct.

Wishful thinking from a Yankee fan wanting to get rid of Arod. Dude's a douche and he cheated and deserves to be suspended. But the suspension needs to be within the guidelines set forth in the JDA. It makes no sense to suspend everyone else for 50 games and suspend Arod for 211.
MLB, in many ways, is a closed system.  They have been given a fair amount of discretion by the legal system to police themselves as they best see fit.

So yes.  MLB can carry out an internal investigation of violations of it's rules and hand out discipline within the guidelines of the JDA AND the CBA.

It doesn't take a degree in rocket science to understand that.
They can, but then they have to prove their case to an arbitrator. Attorneys that have written on Arod's suspension (specifically Thum and Calcaterra) think that the arbitrator will reduce the suspension to a JDA length of 50 or 100 games.
8/6/2013 11:25 AM
Have the esteemed "Thum and Calcaterra" seen all the evidence, and are they well-versed in the powers of the commissioner as defined within the CBA?
8/6/2013 11:33 AM
Posted by tecwrg on 8/6/2013 11:25:00 AM (view original):
Have the esteemed "Thum and Calcaterra" seen all the evidence, and are they well-versed in the powers of the commissioner as defined within the CBA?
I'm sure they haven't seen the evidence. Have you? I'm sure they are better versed in the powers of the commissioner than you or me.

Again, I take anything "leaked" from MLB with a huge grain of salt.
8/6/2013 11:55 AM
Posted by bad_luck on 8/6/2013 10:36:00 AM (view original):
Posted by MikeT23 on 8/6/2013 10:30:00 AM (view original):

Again, MLB has no right to police their sport?   To ensure their employees are behaving within the guidelines agreed upon?

Did I say they have no right to police their sport?
You seem to be implying it.    Are you not?
8/6/2013 12:11 PM
Posted by MikeT23 on 8/6/2013 11:55:00 AM (view original):
Posted by bad_luck on 8/6/2013 10:36:00 AM (view original):
Posted by MikeT23 on 8/6/2013 10:30:00 AM (view original):

Again, MLB has no right to police their sport?   To ensure their employees are behaving within the guidelines agreed upon?

Did I say they have no right to police their sport?
You seem to be implying it.    Are you not?
MLB can investigate anything they want, just like you or me. They have power laid out in the CBA and JDA to suspend players. But the suspensions still have to be justified or they will be reduced/overturned on appeal. I don't think a reasonable person would look at what Arod did vs what the 13 others did and come to the conclusion that Arod should be suspended 4 times as long.
8/6/2013 12:14 PM
So you firmly believe that MLB has nothing more on ARod than the others?    That there are no "extenuating circumstances" with him?   That MLB was simply on a witch hunt for ARod?
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