Latest from Jon Heyman:
MLB seeks biggest PED ban it can get on A-Rod, who promises fight
With major Biogenesis suspensions looming for Alex Rodriguez and about nine other players,
A-Rod and Major League Baseball remained locked in a battle over his future as a baseball player -- MLB prefers him never to step on a big-league ballfield again as an active player, and he's trying to desperately to get there.
MLB powers remain hopeful that Rodriguez accepts a long suspension that would take effect immediately -- a ban through the 2014 season is one possibility that could be on the table. But if A-Rod won't cut a deal, MLB might try for a much stiffer penalty, even a lifetime ban. Commissioner Bud Selig also has the possibility in his pocket of sidestepping the Joint Drug Agreement and invoking a "best interests" clause from the Collective Bargaining Agreement to remove him immediately from the playing field.
Meanwhile, time is running short for A-Rod to cut a deal with MLB, as penalties are expected to be announced by late this week.
MLB is working with all the affected players and
appears likely to suspend or have an agreement to suspend the other Biogenesis-linked players who have never previously been suspended for 50 games, though it's remotely possible one or two others could get more than 50. Word is, though, that three players on the Biogenesis dockets -- Athletics pitcher
Bartolo Colon, Blue Jays outfielder Melky Cabrera and Padres catcher Yasmani Grandal -- aren't expected to be punished further as they are apparently considered to have done their time with suspensions served for failed tests in 2012.
A-Rod is the headline-grabbing name, but the other players with
50-game bans looming are Rangers outfielder Nelson Cruz, Tigers shortstop Jhonny Peralta, Mariners catcher Jesus Montero, Yankees catcher Francisco Cervelli, Padres shortstop Everth Cabrera and minor leaguers Fernando Martinez, Fautino de los Santos, Cesar Puello and Norbeto Martin.
MLB is believed to want to announce all the suspensions at once. There is no evidence that any additional big names not already made public will be included on the suspension list, as had been suggested in reports.
Some players are believed willing to cooperate by cutting a deal. But it isn't known how many cases MLB arbitrator Fredric Horowitz will have to hear on appeal.
Meanwhile,
A-Rod's punishment remains in considerable question, as MLB seems to be shooting for the ultimate penalty while also considering an initial ban under the CBA that appears to allow Selig the power to keep him away from the field as A-Rod pursues an appeal. The rule incorporates the "best interests" of the game to broaden the commissioner's power.
This possibility of Selig sidestepping the Joint Drug Agreement was first reported by the Associated Press and elaborated on by the New York Daily News, and would allow Selig to set up a hearing with 30 days with him as arbitrator.
It's unclear whether the union could prevent such an action in any way other than by re-opening the CBA, which would seem an extreme measure and unlikely to be undertaken. If Selig takes this extraordinary measure while A-Rod is sidelined, Selig presumably would invoke a second ban, laying out how many games the suspension lasts.
But while MLB is believed to have been proposing the stiffest penalties behind the scenes, based on a belief A-Rod impeded its investigation by attempting to obtain documents and preventing MLB from receiving them,
Rodriguez has been suggesting to friends he had no intention to make a compromise deal with MLB. A-Rod's lawyer David Cornwall told ESPN the plan is to appeal before MLB's arbitrator Frederic Cornwall and that that is where their focus is. A-Rod apparently has not offered to take any ban in discussions through the union, which is serving as an intermediary, so far.
MLB and union executives didn't return messages Tuesday.
MLB is trying to turn the clock to their favor with the option to suspend immediately, as Rodriguez tries feverishly to return to the Yankees' lineup. He is scheduled to try a rehab or simulated game Thursday after being sidelined because of a Grade 1 quad strain in his comeback attempt from a second extensive hip surgery.
That is right about the same time MLB will issue its ruling.
MLB has been in contact with the other Biogenesis-linked players, who could sign off on individual deals within the next couple days.
MLB is offering penalties of 50 games to many of those involved, as that is the penalty for a first failed test or drug infraction under the Joint Drug Agreement.
Ryan Braun agreed to a 65-game ban in connection with the Biogenesis case, above the usual 50, with the extra 15 being for his disparaging comments about MLB drug program at the time he convinced MLB's former arbitrator Shyam Das to overturn his failed test from late in 2011.
The extra 15 games out would fall under the CBA heading, so Selig already has used the agreement to go past the 50 games.
MLB is believed too have
extensive evidence linking A-Rod to Tony Bosch and Biogenesis, the Miami "wellness" clinic, possibly including emails and texts. Bosch has been one of MLB's star witnesses.
Rodriguez has never failed a non-survey test (he failed the 2003 survey exam) and never been penalized, so Rodriguez may argue it's a major leap to go from zero to a lifetime ban.
MLB would need to prove multiple infractions to extend the ban beyond 50 games, and between his past testimony and reams of evidence there's no doubt they will shoot for a penalty well beyond Braun's.
Rodriguez has been called into answer MLB powers before, and
if his previous denials prove to be false, they could hook him with multiple infractions. The big question is whether they can somehow get to three infractions, which would be tantamount to three strikes.
http://www.cbssports.com/mlb/blog/jon-heyman/22943317/mlb-seeks-biggest-ped-ban-it-can-get-on-arod-who-promises-fight
