A-Rod’s lawyer confirms they are “requesting federal court intervention” today

During a television interview this morning (video above), Alex Rodriguez‘s lawyer Joe Tacopina confirmed they are filing suit today “requesting federal court intervention to undo what’s been done in this labor arbitration.” A-Rod said he would seek an injunction in his statement following the announcement of his record 162-game suspension on Saturday.

“I don’t know [the suspension is] inevitable. I mean 162 games is inexplicable,” added Tacopina. “It’s not based on the law, it’s not based on the Collective Bargaining Agreement that’s laid out between the union and Major League Baseball. There’s no basis for it. Everyone else got 50 games, who if you accept the fact that there was a finding of liability, that 50 games — somehow 162 is what was levied to Alex for no reason. Ryan Braun, who actually tested positive, unlike Alex, and went on a campaign to besmirch the test collector and called him an anti-Semite wound up with 65 games. That in and of itself is a basis to get us into federal court.”

From what I understand, a federal judge is unlikely to look at a case following an arbitrator’s ruling in a collectively bargained matter. As Wendy Thurm explained a few weeks ago, “Rodriguez will have to show that [arbitrator Fredric Horowitz] was so in cahoots with MLB that it led to a fraudulent or biased proceeding” in order to get the case looked at it. I don’t know what will happen next, but A-Rod’s camp is going to keep fighting.

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Arbitrator upholds 162-game suspension; AROD set to sue

Barring further court action, Yankees third baseman Alex Rodriguez will be suspended for the entire 2014 season for violating MLB’s Joint Drug Argument, arbitrator Fredric Horowitz has decided. Horowitz has upheld A-Rod‘s ban but has reduced MLB’s penalty from 211 games to 162 (plus any Yankee playoff games). Essentially, A-Rod was allowed to play out the 2013 part of his suspension while appealing, but the initial penalty has been upheld.

Rodriguez has issued a statement vowing to appeal the suspension in federal court, but his faces long odds as federal courts are reluctant to overturn arbitration rulings absent obvious factual issues, gross misconduct on the part of the arbitrator or if the award was based on corruption, fraud, or undue means. Even then, courts grant broad discretion to arbitration rulings, especially those that arise out of collective bargaining arrangements.

A-Rod released his statement on Facebook, and our own Mike Axisa runs down the background of the Biogenesis/A-Rod scandal in his post on CBS Sports. Here’s what Rodriguez had to say:

“The number of games sadly comes as no surprise, as the deck has been stacked against me from day one. This is one man’s decision, that was not put before a fair and impartial jury, does not involve me having failed a single drug test, is at odds with the facts and is inconsistent with the terms of the Joint Drug Agreement and the Basic Agreement, and relies on testimony and documents that would never have been allowed in any court in the United States because they are false and wholly unreliable. This injustice is MLB’s first step toward abolishing guaranteed contracts in the 2016 bargaining round, instituting lifetime bans for single violations of drug policy, and further insulating its corrupt investigative program from any variety defense by accused players, or any variety of objective review.

I have been clear that I did not use performance enhancing substances as alleged in the notice of discipline, or violate the Basic Agreement or the Joint Drug Agreement in any manner, and in order to prove it I will take this fight to federal court. I am confident that when a Federal Judge reviews the entirety of the record, the hearsay testimony of a criminal whose own records demonstrate that he dealt drugs to minors, and the lack of credible evidence put forth by MLB, that the judge will find that the panel blatantly disregarded the law and facts, and will overturn the suspension. No player should have to go through what I have been dealing with, and I am exhausting all options to ensure not only that I get justice, but that players’ contracts and rights are protected through the next round of bargaining, and that the MLB investigation and arbitration process cannot be used against others in the future the way it is currently being used to unjustly punish me.

I will continue to work hard to get back on the field and help the Yankees achieve the ultimate goal of winning another championship. I want to sincerely thank my family, all of my friends, and of course the fans and many of my fellow MLB players for the incredible support I received throughout this entire ordeal.”

For MLB, this suspension is largely unprecedented. The JDA allows for a 50-game ban for an initial failed test, but it also grants the commissioner power to suspend a player for “just cause.” Horowitz has apparently upheld a broad grant of power in this “just cause” provision, and ARod’s suspension becomes the largest in MLB history over PED use, suspected or otherwise.

For the Yankees, this leaves a gaping hole on the left side of the infield. Already filled with old or fringe players, the infield has no third base anchor, and the remaining free agent market is weak, to say the least. (Just say no to Michael Young.) The team will get to save $25 million of A-Rod’s salary, less a $3 million signing bonus, but I’d rather see a better team on the field than Plan 189 or more money in the Steinbrenner family’s pockets. The gap his bat leaves in the lineup is significant as well, and the team is, as currently constructed, worse without A-Rod than with him.

The Players’ Association, meanwhile, issued a statement as well: “The MLBPA strongly disagrees with the award issued today in the grievance of Alex Rodriguez, even despite the Arbitration Panel’s decision to reduce the duration of Mr. Rodriguez’s unprecedented 211-game suspension. We recognize that a final and binding decision has been reached, however, and we respect the collectively-bargained arbitration process which led to the decision. In accordance with the confidentiality provisions of the JDA, the Association will make no further comment regarding the decision.” They are, in effect, washing their hands of this mess and, it seems, ceding power to Bud Selig and the Commissioner’s Office. That’s a risky move.

Some fans who despised A-Rod will rejoice; others who loved him, warts and all, and loved watching him hit will not. It’s not a good day for baseball though as shady dealings and PED use remain in the headlines.

Marcus: A-Rod ruling imminent; decision appears favorable to MLB

A ruling in Alex Rodriguez‘s appeal hearing is imminent, according to Steven Marcus. It’s unclear if that means a matter of minutes or hours or another day or two. Who really knows at this point. Marcus adds that arbitrator Frederic Horowitz’s ruling appears to be favorable for MLB. I’m not exactly sure any of this is new information at this point, really.

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

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.

Update: Ruling for A-Rod’s appeal not expected this week

Jan. 2nd: It is unlikely Horowitz will announce his ruling today or tomorrow, reports Mike Puma. A-Rod‘s camp has not yet been notified of a forthcoming decision and nothing is expected to “come from out of the blue” this week. Sounds like it’ll be next week at the earliest.

Dec. 23rd: Via Bob Klapisch: MLB expects the ruling from Alex Rodriguez‘s arbitration case in early January, perhaps right after New Year’s. The appeal hearing ended a little more than a month ago. The Yankees appear to be waiting for the ruling before making any more infield additions, so, needless to say, the sooner the ruling is handed down, the better.

Must Click Link: The Randy Levine-Alex Rodriguez emails

This is too great. Steve Fishman of NY Mag published some email exchanges between Randy Levine and Alex Rodriguez late last week as part of their big A-Rod feature. Apparently Levine, who is unwilling to fully type out “you” and “are,” frequently emailed Alex after games to offer words of encouragement, stuff like that. Oh, and he also once said Robinson Cano “needs some steroids fast!” He really said that. (Mike Puma says Levine claims it was a “bad joke.”)

The whole MLB/Yankees vs. A-Rod spectacle is pretty much everything I hoped it would be. It’s completely chaotic and both sides look like total buffoons. I can’t believe a team president said his best player “needs some steroids fast!” in an email to another player. That’s hilarious.

Yanks waiting on A-Rod decision for further improvement

(Jared Wickerham/Getty Images)
(Jared Wickerham/Getty Images)

The Yankees are handcuffed. It’s not as bad as feared earlier this off-season. They managed to add a number of players who will help in 2014 and beyond. But at the moment, despite their stated need for a right-handed infield bat, the Yankees will not make a move. The reason, once you break it down, is fairly obvious.

On the roster the Yankees have 11 position players under contract, though only one catcher. The backup catcher brings the total position players to 12, one short of the typical 13 they carry during the regular season. It might seem as though they have room for one more, but this projection doesn’t account for the man in limbo, Alex Rodriguez. Given the roster numbers, the Yankees really can’t do anything until they know his fate.

At this point, a complete overturning of the suspension is the best-case scenario. It didn’t always feel that way; with the shackles of Plan 189 looming, a full-season suspension seemed like the only way the Yankees could spend this off-season. Yet they’ve spent plenty of money before knowing how Fredic Horowitz will rule in the A-Rod matter. If he overturns the suspension completely, or even reduces it to 50 games, the Yankees will soar past the $189 million luxury tax limit without making a single other move.

A-Rod remains far and away the best option at third base. Brian Cashman said so himself earlier this off-season:

“I think if people think there’s some sort of benefit by losing that talent, I mean, you can’t replace it. It’s not like, all right, well, Alex is gone. If he winds up getting suspended and it’s upheld, how do you replace that? It’s not easy.

“It’s not like, all right, we’ll take that money and go in this direction. I think … our fan base saw when we lost significant players at various positions, it was not easy to plug holes because the talent just doesn’t exist.”

No infielder on the market comes close to even an aged and injury-prone A-Rod. Even Yankees fans who hate the man’s guts should be rooting for him to stand at third base on Opening Day. We root for the laundry, right? Mark Reynolds or Jeff Baker might successfully play a role on the 2014 team with A-Rod suspended, but neither will match him in terms of overall production. Since they are role players, chances are they’ll remain on the board until the decision. Even if not, missing out on them is no huge loss.

True, the Yankees also seem handcuffed by the Masahiro Tanaka situation, but that’s another post for another day (or maybe today, who knows). That handcuffing seems a bit more damaging for a number of reasons, including the implications on spending. But with A-Rod, a complete overturn or even 50 games is a pure win for the 2014 team, while a full-season suspension leave them looking for an inferior right-handed-hitting infielder.