NYDN: A-Rod could seek injunction; would likely accept 65-game ban

Scouting The Free Agent Market: Luis Ayala
Thursday Night Open Thread

Via NYDN: Alex Rodriguez could ask a judge for an injunction if he feels arbitrator Frederic Horowitz hands down an unfair ruling. He is unlikely to get one, as Wendy Thurm explained in November, but it is something he could pursue as part of his scorch the Earth legal battle with MLB. “The papers are all ready. They are just waiting for the announcement,” said one of the Daily News’ sources.

Meanwhile, the Daily News says Rodriguez would likely accept a 65-game (or less) ban without a fight. The legal fees to combat a suspension of that size would be greater than the salary he stands to lose, they say. Ryan Braun received 65 games and both he and A-Rod were considered MLB’s top targets as part of this whole Biogenesis investigation. Horowitz could hand down his ruling any day now, and the sooner that happens, the better. Let’s get this show on the road already.

Scouting The Free Agent Market: Luis Ayala
Thursday Night Open Thread
  • King of Fruitless Hypotheticals

    how is this not categorized in OMFG HURRY UP ALREADY?

  • Preston

    You mean if MLB had treated him just like all the other Biogenesis guys this would have been over on day one? Thanks for dragging it out Selig.

    • Betty Lizard

      Yeah, I seem to find myself muttering “rot in hell” whenever I read Selig’s name.

      • http://www.flickr.com/photos/roadgeek Roadgeek Adam

        With you on that.

    • Need Pitching & Hitting

      Weren’t the allegations against ARod much more substantial than against all of the other Biogenesis guys?

      • Ed

        Sssssshhhhhhhh… we’re supposed to pretend it’s a simple case and act outraged at any suggestion that the answers aren’t obvious. Complex things don’t make for good sound bites.

    • Dave Guarnieri

      AROD with Mike Francesa said “I don’t deserve 1 inning” when speaking about his suspension. If he got 50 games HE’d be the only guy to fight it. I think it is fair to say he is not one to avoid the limelight.

  • dkidd

    65 games would be perfect, as i don’t believe alex can stay healthy for more than 100 games

    rest up and we’ll see you in june!

    • Dave Guarnieri

      Speaking of his health, is he still planning to sue the Yankees’ Doctor who performed his most recent hip-surgery? And we have been promised a “tell-all” book and documentary from poor Alex. I am sure he will go into detail about his accusation about Girardi playing him in the 2012 play-offs in the hope that poor Alex would further injure his hip, and possibly help void his contract.

      Makes for a lovely atmosphere having poor Alex in the clubhouse.

      He will never play another game in a Yankee Uniform.

  • I’m One

    I’ve always felt that somewhere between 65 and 100 games would be fair unless MLB had some irrefutable evidence that showed he really did something to harm the game, like recruit other players to buy illegal products from Biogenesis. Glad he’d accept a 65 game suspension without a fight, but I still suspect he’ll get closer to a full season.

  • dkidd

    when do we see mlb’s body of evidence? morbidly curious…

    • Massapequa Parking

      maybe you’ve seen this, but there’s a great piece in New York magazine about a month ago on how the evidence was “obtained.”
      reads quite a bit like Coen Bros. “Burn After Reading”

    • Coolerking101

      I believe the answer is NEVER. I understand that the information is protected by the CBA. If it was not protected, MLB would have handed out the evidence to every media outlet in the country a long time ago.

      • dkidd

        leak it! inquiring minds want to know!

      • Mr. Roth

        Since when does protection under the CBA prevent information from being leaked? Pretty much every piece of information that we have about the A-Rod case was protected under the CBA.

        Hell, that 2003 list of failed drug tests was protected under the CBA and I think we know every name that was on it.

  • TWTR

    The path of least resistance for Horowitz is a 50 game suspension.

  • Winn Dixie

    Horowitz would be doing him (and us) a big favor if he gave him 100 games.

    He could jog on the beach at Tampa for four months and then arrive just in time for the pennant race sprint and his last/best chance at redemption.

    He plays well down the stretch, most of this will be forgotten.

    • Coolerking101

      He can ask the court for whatever he wants. He can demand Bud Selig’s first born. Doesn’t mean any court in the world is going to give it to him. Given the way the courts treat arbitrator decisions, I find it highly doubtful a court will award A-Rod injunctive relief. It’s just a bunch of BS tough talk.

      • Coolerking101

        Crap. This was supposed to be a stand alone post, not a reply. Sorry.

  • Farewell Mo

    Screw 65 games.

    MLB shouldn’t settle for 1 game less than 100 considering the lying, cheating sack of shit that Arod has become.

    As a Yankees fan, I’d be satisfied to get him back in mid August for the last 3rd of the season and hopefully playoffs.

    • Betty Lizard

      Those MLB arbitrations are civil proceedings, so I’m assuming (yeah, I know) that equitable principles could be considered. Just for shits and giggles, read the NY Magazine article and then go look up the doctrine of clean hands.

      • Eselquetodolosabe

        Betty, your knowledge of legal issues far surpasses anything that I could fathom or fake. Can you give me / us a quick, layman’s rundown of what you speak of ? How should it be interpreted ?, and what is the reasonable game suspension cut-off that is accepted by team A-Rod ?, and…., thank you for your expertise.

        • Betty Lizard

          Hah! I renounced the law, thank goodness. And I’ve never been an arbitrator, but I have been a party to high stakes arbitrations. And I was an administrative judge and so I got to thinking about equitable principles . . . Examples are “laches” (one of my favorites) which just means, “don’t sit on your hands (your rights) too long” or your claim, if you’re a plaintiff, may be barred. That’s not at all involved here. Instead we’re looking at circumstances that MIGHT be a defense to sanctions. Clean hands just means if the person bring the action should not engage in misconduct RELEVANT to his action. He can be a scumbag, but isn’t supposed to have been a scumbag in something directly related to the case. It seems to me that buying stolen evidence knowing it was stolen would fall into that.

          If, and it seems 90% likely, MLB paid for stolen evidence KNOWING it was stolen, and if (a big if) the arbitrator has a reason to know this (the circumstances of procuring the stolen Biogenesis records [which would be laughable and would make a great film] are in evidence and before the panel] then yeah it seems to me the arbitrator could consider misconduct by MLB as a factor in reducing any otherwise applicable suspension.

          I’m not any kind of expert. I’m an unabashed Alex Rodriguez fan and so of course I’m hoping he gets little or no suspension. But, I’m also a big proponent of fairness for workers (in this case, the players) who have entered into a collective bargaining agreement with MLB that controls their livelihood. MLB *should* be above reproach in how they enforce that agreement but MLB has played fast and loose with it, to me, in the way they delayed announcing the suspensions, leakIng allegations all the while, and the illegal ways I think they procured their evidence.

          • Farewell Mo

            Why should anyone care whether or not MLB has clean hands?

            Had Arod never used PEDs (continuously after he was outed the first time), MLB would have had no reason to go after him.

            He brought this upon himself and deserves what ever he gets. You reap what you sow!

            • Betty Lizard

              Oh dear.

              Well, when you are MLB and you are purporting to act against PED users to uphold the integrity of the game, you need to act with integrity.

              And since MLB really has the power in the baseball-player relationship (Hello, lifetime ban!) MLB’s actions should be impeccable.

              Instead, I see MLB’s actions as, at best, laughable and at worst, despicable.

              Or, to use your framing, MLB has also sown. “Who sows the wind shall reap the whirlwind.”

              • Farewell Mo

                Again, this would have been a non issue had Arod not used PEDs so I find it hard to see Arod as the victim.
                Maybe I’m too Machiavellian but I don’t really care what MLB does as long as Arod gets punished.

                Admittedly I feel cheated as a fan that I had to watch this disgraceful scene play out instead of celebrating the last few years of a player who should have been on baseball’s Mt Rushmore with Ruth, Gerhig, Mays and Mantle. Instead, we’ve gotten to see the desperate acftions of a buffoon along the lines of a Jose Canseco.

                • Holy Ghost

                  A-Rod May be everything you think he is but he still has Rights.

                  Even Murderers are entitled to a fair trial

          • Farewell Mo

            It would have been far easier and lucrative for MLB to have supported Arod taking a victory lap on a career that could and should have been among the greatest in baseball history.

            Instead, they had to choose between being hypocrites while continuing to turn a blind eye to PED use and cheating as they did in the 90s or they had to crawl through the sewer to get the goods on Arod and punish the shit out of him.

            IMO, they choose the lesser or 2 evils.

            • The Great Gonzo

              The league turned the bind eye for decades. Why stop now?

    • Captain Turbo

      As opposed to the honest, upright, and respectable way Selig and the MLB has conducted themselves during this whole sad affair. Right.

  • BFDeal

    I’m not sure how they decide how much salary to withhold (salary/162 games x # games suspended), but 65 games would probably be in the range of $10M and I find it hard to believe that challenging the ruling in court would cost more than that.

    • Eselquetodolosabe

      Pro-rated…., no ?

      • BFDeal

        I’m assuming it’s prorated on a per game basis, which comes to a little over $10M. No way the legal costs to appeal should approach that number.

      • Dave Guarnieri

        It’s pro-rated in a weird way. He is due $3 Million on 1/15 regardless of the arbitrator’s call.

        Nice article in the Daily News about the money and incentives in our boy’s contract. For example, he is 6 HR’s short of (660) and a $6 Million bonus. The money thing is very unclear to me.

        If he challenges Horowitz’s sanctions, he and his lawyers have the papers filed to issue an injunction to challenge the decision in Federal Court. Supposedly, no one can keep him off the team while his case is argued but there is a gray area here, the Yankees would not be obliged to pay him during Federal Court Proceedings (or so I read). There is no precedent here. How would the Players Union react? Not well, he knows it, and MLB & the Yankees know it. Plus, it will divide the players against management. So who really gets the shaft…..THE FANS.

        • Need Pitching & Hitting

          The $3M is the final payment of his signing bonus. That wouldn’t be affected at all by any of this.
          I’d imagine he’d lose the pro-rated part of his actual $25M salary (though I’m not sure if that would be based on games or actual days on the roster – but it wouldn’t make much of a difference either method).

  • http://google C-Med21

    I’ve heard rumors that if the Yankees are planning to go with Nunez as their 3rd baseman if A-Rod is suspended… please don’t let it be true :(

    • Dave Guarnieri

      Have Nunez pal around with AROD for the next month or 2. I am sure Alex can make him a “new man”.

  • Bobby d

    If he doesn’t get at least 100 games Major League Baseball will look like complete fools after saying they had a mountain of evidence showing that he violated the joint drug agreement multiple times. As it is this has gone on way too long and demonstrates that MLB does not have the authority it once had in the days of Bowie Kuhn. This would have been over months ago. I think the suspensions have to be rethought and the penalties have to be stricter. Otherwise this will never end if players just get a slap on the wrist as 50 games is a joke with the millions they make!

    • OldYanksFan

      I have always maintained that ARod will get 85-125 games.
      On the low end, if he arbitrator thinks this whole thing is a sack of shit:
      … 85 so Selig/MLB ‘gets’ to say ARod got the harshest punishment ever handed out.
      On the high end, if he arbitrator thinks ARod is a sack of shit:
      … 125 games is close to both a 1st and 2nd offense combined, and almost double the previous harshest (65 games) suspension.

      I think the arbitrator knows that Melky was a bit sleazy, but still only got 50 games, and Manny, after getting bagged for failing a PED test a second time, had his 100 game suspension knocked down to 50.

      ANY player that got caught could have been doing PEDs for years. This was never dicussed or brought up, and 50 games was enough.
      ANY player that got caught could have been recommending PEDs to their fellow players/teammates. This was never dicussed or brought up.
      EVERY player, before they got caught, if asked, lied about it until they got nabbed. Giambi, and maybe Andy, are the only guys I can think of that fessed up after then got caught. (Big Papi is still investigation how he was mistakenly fingered).

      Because it’s ARod, there has been a HUUUUUUUUUUUGE media circus. But he really hasn’t done anything that any other player did, or tried to do.

      • Need Pitching & Hitting

        Did they actually have any evidence of any other player recruiting other players?
        If they did have evidence of ARod doing that, but not other players, that would make a huge difference.

        Also, the using for years thing doesn’t really matter for the length of suspension (or at least shouldn’t, according to the JDA).
        Players can only get a first-time 50 game suspension regardless of the length of use, unless usage after notice of first suspension can be proved.
        Not sure how MLB arrived at the 211-game suspension (and I’d be really curious to find out), but it might have been just a 50-game suspension for first-time usage, and essentially a one-year ban (1 game short) for the other alleged offenses not directly related to his usage.

  • Dropped Third

    As much as I dislike Arod, the way the MLB has handled this thing is a joke. I hope for our sake he gets 50 just to keep him healthy but honestly part of me would love to see the judge to give him nothing. That would be hilarious. Plus he still could be a good player and better than anyone we got on the roster as far as 3rd basemen go.

    • http://www.flickr.com/photos/roadgeek Roadgeek Adam

      Absolutely agreed.

    • BrianMcCannon


    • Farewell Mo

      Why should Selig be held to a higher standard than Arod?

      Arod cheated, apologized, cheated some more, lied again, tried to cover up his cheating and lies, has still never apologized for his repeated transgressions and has been an overall loathsome sack of shit.

    • The Great Gonzo

      5 games, just to troll.

  • CONservative governMENt

    I think I’ve been hoping for a full-season suspension under the assumption that it would eventually lead to him being bought-out, never donning the uniform again and saving the team some of his contract.

    If that doesn’t happen, I guess shorter the better for the Yankees.

    Would both parties agree to a coin flip – lifetime ban or no suspension?

    • trr

      Like “No Country For Old Men”? I could dig it – televise it and watch the ratings!

  • endlessjose

    if it’s under 100 games than MLB again will look like failure. MLB acted like they had evidence that would ban A-Rod and anything less than A-Rod wins.

  • thomas

    Just like in arb. cases. management gives 211 and the player gives 65, as they do in most of those cases, split the difference, which comes out to 138 games. Done

    • Eselquetodolosabe

      The player offered 65 ? Rule 1 when caught ……., deny, deny, deny……, and then say nothing ! A-Rod’s lawyers have / had sold him on 0 games…, if not…, they wouldn’t be lawyers.

    • BFDeal

      When did A-rod’s legal team offer 65?

      • Thomas

        “Meanwhile, the Daily News says Rodriguez would likely accept a 65-game (or less) ban without a fight. ”
        This was in the papers and in this post.

        • BFDeal

          That is not the same as offering to serve 65 games in arbitration.

  • Chip Rodriguez

    Random thought, if Bonds/Clemens/etc get blacklisted from the Hall of Fame for taking PEDs, then does Bud Selig get blacklisted for basically opening his arms and welcoming the steroid era?

    • Eselquetodolosabe

      ….., at the behest of owner-ship groups greedy for the almighty dollar ? Excellent point, but I believe moot. Fans, in general, identify with the player…., and the players particulars. i.e., salary, performance, …., and relevance of performance as it pertains to salary. Management is usually absolved, or finds a way to deflect. “We” know joe blow the player making millions…., and not Ritchie Rich owner making billions. The player is usually the closest person we “can” identify with.

      • OldYanksFan

        Do you know what Selig gets in salary?

        “Selig’s compensation has slowly increased since he took over as commissioner of the league. In 2005, Selig earned a reported $14.60 million, and then followed this up with a $15.06 million payday in 2006 and an $18.35 million haul in 2007. Selig was reportedly going to retire prior to signing his most recent 2-year extension, but I don’t blame him for sticking around – $22 million is pretty hard to say no to.

        Bud Selig currently has a net worth of an estimated: $375,000,000”

        • Eselquetodolosabe

          Case and point. No one looks at the executives, they usually look at the subordinates. Subordinates, as are baseball players, are closer to the “average” joe blow, than the un-identifiable executive. When NY loses, I blame the “over-paid”, “pampered” and “spoiled” player ….., not the un-identifiable management group. Envy, idolatry, etc….,

    • Farewell Mo

      What has Selig ever done to be considered HOF worthy, steroid era or not?

      • Chip Rodriguez

        If Steinbrenner can be nominated for the Hall (owners’ wing), so can Selig. And this whole PED kangaroo court seems to just be a way to make people forget that he embraced the steroid era and marketed the big sluggers, before suddenly trying to clean the game on his way out so it wouldn’t taint his period in charge.

  • Hughesus Christo

    Oh look, another desperate media leak by A-Rod to swindle his adoring public. He’s willing to take “just” 65 games? OH GOODY!

    From the “unplanned” walk out on the last day of the hearing before he would be required to speak, to the “spontanous” 1,500-word prepared statement afterward, you have to be a COMPLETE FOOL to not see that he knows he got crushed in the hearing and is looking for any way to squeeze his way out. This gets more pathetic every day.

    • Farewell Mo


  • Boys of Summer

    I am actually torn on the issue. Both parties look ridiculous. I am only interested in seeing the yankees succeed. I used to think that they would be better off if he was suspended bc they would have all that money to spend. Now I am worried that if he is suspended for a prolonged period of time that they just might get under that 189 and stay there and this team needs pitching!!!!!

  • Pinch1

    It occurs to me that the only reason to even consider offering to take a lesser sentence is because you know the prosecution has the goods on you for a much stiffer sentence. If A Rod puts out to the media that he is “willing” to accept a 65 game suspension days before the decision is announced then he is expecting considerably more. He is trying to use whatever minimal leverage he has left threatening legal action although almost every lawyer says that the chances of success are extremely small. This appears to be the last gasps of a dying man. Expect a minimum of 100 games and likely a full season or more.

    • Betty Lizard

      It’s not a sentence.
      It’s not a prosecution.
      It’s a contractual penalty.
      And yes, people agree to less than they are due, or to harsher penalties than they deserve, or to penalties for things they didn’t do, because the costs of fighting or appealing are more than the costs of accepting the sanction.

  • Eselquetodolosabe

    WWTYWF ? I’m guessing …….., ? Sh _ _ ! At this point, I can’t even guess.

  • mt

    I do find the timing of ths predictale – days before hearing we hear from a source (which Arod will probably deny) that they may be willing to accept 65 games. Now all of a sudden the costs of taking it to court may be too high and it may be “smarter’ to just take the suspension. I find this laughable when the way Arod has over-lawyered this thing from the beginning and now all of a sudden his worrying about cost. I am sure it was not that hard or expesnive to document that MLB may have purchasd evidence in sleazy way – what other evidence in favor of Arod is there?

    This reminds me of the leak in the middle of the hearing where Arod finally let it be known that he had never taken anything – after seeing MLB’s evidence (Arod did not know at the beginning whether there were actual videos or anything of him taking stuff; apparently there were not) and after seeing that his lack of a denial was hurting him in the court of public opinion. This was months after a truly innocent person who had never taken anything would have issued a denial.

    If Arod accepts any type of suspension, it will be funny to see the completely innocent person somehow end up never testifying under oath in his behalf (in a cse where he supposedly never took anything) and never take it to federal court where he might have to testify.

  • http://kerley@musc.edu HectorLopez

    A-Rod has a major problem on his hands, most Federal judges will not overrule an arbiter when the arbitration is part of a Collective Bargaining agreement. I hope he gets zero games, but I just don’t see that happening. I think he will get at least 100 and most likely 162. I also agree that if he gets 162 the organization will buy out the rest of his contract and A-rod will sigh with the Japanese league for 30mil a year LOL.