Arb Ruling 162 Games for ARod

Ed Hillel

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Haha, drawing blood in a bathroom stall at a night club.
 
Ohh, gummy bear testosterone in the dugout!
 

Ed Hillel

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Bosch is making himself out to be a hero, this is pathetic. He's just making it safe, just cares about their health!
 
A self taught doctor lol.
 

radsoxfan

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Ed Hillel said:
Bosch is making himself out to be a hero, this is pathetic. He's just making it safe, just cares about their health!
 
A self taught doctor lol.
 
Every single "medical" comment he has made has been comically made up.  Bosch was giving A-Rod advice that is complete and total nonsense.   
 
A clown leading a clown.... so funny.
 

Gash Prex

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Those text messages are devastating - Arods lawyer trying to get claim they are "nutrition" is ludicrous
 

Jordu

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Man, there are no good guys in this story, are there? Bosch, Rodriguez, Selig, Tacopina, Manfred. Weasels all.
 

EvilEmpire

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60 Minutes won't be on here for a while, so a couple of questions for anyone watching:
 
1) Is Bosch saying anything tangible (that could be independently verified) or is it all he said/he said type stuff?
2) How believable is he in general?
3) Even if tangible proof is thin, how bad are the perceptions of it all for ARod?
 
Thanks
 
Edit:  I thought this was all with Bosch; questions also apply to anyone else interviewed.
 

Sampo Gida

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SemperFidelisSox said:
The threats made to Bosch by a known associate of A-Rods were believed to be very credible by the feds involved.
 
Yeah, but can Arod be held accountable for the actions of associates, and if they were so credible, were there any charges?
 

Sampo Gida

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Gash Prex said:
Those text messages are devastating - Arods lawyer trying to get claim they are "nutrition" is ludicrous
 
But unless the text messages specifically refer to banned substances, it is only Bosch word that they are referring to something that's not.   I am not so naive to believe this, but if you are going to suspend someone for a year, you should have something better than the paid testimony of a criminal like Bosch.
 

Montana Fan

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Average Reds said:
Yeah, he's a grifter. Hard to believe 60 Minutes is presenting him as truthful.

Doesn't change the fact that A-Rod is a cheating douche.
 
Since when has 60 minutes had any credibility?
 
http://www.youtube.com/watch?v=lwXE52e9JFg
 

Ed Hillel

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Average Reds said:
Yeah, he's a grifter. Hard to believe 60 Minutes is presenting him as truthful.

Doesn't change the fact that A-Rod is a cheating douche.
 
I think the later part where they interviewed Manfred and basically cross-examined him evened things out a bit. I actually thought it was fairly balanced.
 
Manfred and MLB really lost a lot of credibility with the way they, to put it lightly, strong-armed Bosch. Everyone looks bad is right. Tacopino is actually pretty good for a TV lawyer, though. He used to have his face plastered all over Court TV in the day. He's just stuck with a horrible case and client.
 

mabrowndog

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Quick question to any docs who can speak to this issue:
 
Bosch discussed how he instructed A-Rod to provide urine samples drawn from the middle portion of his stream, rather than the beginning or end of urination. He said this because the impurities left by the banned substances would be more concentrated in the beginning and ending portions. Any truth whatsoever to this statement?
 
Frankly it sounds ridiculous, but obviously I'm Sergeant Schultz on this subject despite being a prodigious pisser.
 

Sampo Gida

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mabrowndog said:
Quick question to any docs who can speak to this issue:
 
Bosch discussed how he instructed A-Rod to provide urine samples drawn from the middle portion of his stream, rather than the beginning or end of urination. He said this because the impurities left by the banned substances would be more concentrated in the beginning and ending portions. Any truth whatsoever to this statement?
 
Frankly it sounds ridiculous, but obviously I'm Sergeant Schultz on this subject despite being a prodigious pisser.
 
 
Not a doc, but this is the advice people seem to be getting. It makes a bit of sense to me
 
http://www.ureasample.com/pass_a_drug_test_tutorial/pass_a_drug_test_4-6b.shtml
 


Don't give urine from your first urination of the day. It's the dirtiest, and can be heavily filled with metabolites. Urinate a couple of times before giving a test sample. Also, don't give the beginning or end of the stream. Piss in the toilet, then quickly stop and go in the cup. Stop, and shift back to the toilet for the last portion. Only give a midstream sample. Just be sure to give 60 cc's.
 

Average Reds

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Montana Fan said:
 
Since when has 60 minutes had any credibility?
 
http://www.youtube.com/watch?v=lwXE52e9JFg
 
I know that you couldn't resist the shot, but my point was not about 60 Minutes credibility, it was about their self-interest.
 
Granted - they put this together at light-speed, but the lack of preparation in their questioning of Bosch (to the point where a lot of obvious nonsense went unquestioned) was ridiculous.  It's one thing to ask a politician their response to a scandal.  It's quite another to put on a grifter and toss uninformed softballs at him.  Pelley was like an articulate version of Francesa interviewing A-Rod; just taking his word for everything.
 
For better or worse, that's not how 60 Minutes made their reputation.  They got in front of people like Bosch and asked direct questions that made the interviewee squirm.  And if they couldn't put that together quickly enough after the arbitrator's decision was handed down, well they did a shit job.
 

mauf

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But unless the text messages specifically refer to banned substances, it is only Bosch word that they are referring to something that's not. I am not so naive to believe this, but if you are going to suspend someone for a year, you should have something better than the paid testimony of a criminal like Bosch.



People get sent to prison every day on the testimony of worse people than Bosch. Assuming you believe the allegations are essentially true (and it sounds like you do), I don't understand your concern.
 

glennhoffmania

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Sampo Gida said:
 
Yeah, but can Arod be held accountable for the actions of associates, and if they were so credible, were there any charges?
 
I thought they said investigations were ongoing.
 

Sampo Gida

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glennhoffmania said:
 
I thought they said investigations were ongoing.
 
Then it hardly seems fair to suspend him for it first (assuming this was the justification for the 162 games). 
 
 
maufman said:
People get sent to prison every day on the testimony of worse people than Bosch. Assuming you believe the allegations are essentially true (and it sounds like you do), I don't understand your concern.
 
Don't like the fact that bought testimony can send you to jail or get you suspended unless it simply supports other credible evidence.  On Arods side, you have a dozen clean tests and a pretty standard age related decline curve since he was alleged to have begun using Bosch in 2010.
 

Sampo Gida

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snowmanny said:
What does the decline have to do with it? That's not actual evidence.
 
Well, the definition of evidence seems pretty loose here, but isn't the point of PED's for older players in part to halt a decline in performance, and perhaps enhance performance like Bonds and Clemens?
 

King of All Sawdust

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I thought the very end with Manfred was rather telling.  Whatever one thinks of Bosch's credibility,  nobody in the hearing ever denied what Bosch claimed.  Arod is the only player ever to not take the stand in his own defense in these arbitration hearings.  He continues to only use the press for his denials. 
 

snowmanny

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A clean drug test is evidence. Testimony by a third party is evidence.
 
Getting worse is not evidence of being clean. Some players might get worse despite or because of steroids. Some young players use steroids.
Some young players use steroids and suck. Some old players play well despite not being on steroids, like Ted Williams when he was 38 led the league in OPS.
 
For all we know ARod would have been even worse without steroids. I do not get the notion that baseball should convict or acquit players based even a little bit on performance. 
 

terrisus

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I thought the very end with Manfred was rather telling.  Whatever one thinks of Bosch's credibility,  nobody in the hearing ever denied what Bosch claimed.  Arod is the only player ever to not take the stand in his own defense in these arbitration hearings.  He continues to only use the press for his denials. 
 
And, you know, all the other players on the list admitted that Bosch was telling the truth, and accepted their suspensions.
So... Bosch told the truth about all the other players, and just chose to lie about Rodriguez?...
 

nvalvo

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This would be cruel. The minor league coaches and many of the players don't get paid nearly enough to deal with that shit storm.
 
Yeah, I get that player development isn't the same kind of focus for the Yankees as it is for other clubs, but I don't see them actively trying to fuck it up with a stunt like that. 
 

soxhop411

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Daniel Barbarisi ‏@DanBarbarisi8m
Tacopina statement on 60 mins piece really incredible. Highlights: "Salem Witch Trials; "unparalleled display of hubris and vindictiveness"
 
 
 
The litigation between Alex Rodriguez and Major League Baseball is far from over. The war of words is no different.
Late Sunday night, a few hours after Biogenesis founder Anthony Bosch’s appearance on “60 Minutes,” Rodriguez’s attorney Joe Tacopina trashed Major League Baseball, commissioner Bud Selig and chief operating officer Rob Manfred for appearing on the program. The special was aired a day after Rodriguez received a full-season suspension for violating the league’s performance-enhancing drug policy.
“Tonight’s further expansion of Bud Selig and Rob Manfred’s quest to destroy Alex Rodriguez goes beyond comprehension,” Tacopina said in a statement. “In a clearly pre-orchestrated display, Selig and Manfred, having known for some time what the result of the arbitration would be (in light of Manfred sitting on the arbitration panel) put forth an unparalleled display of hubris and vindictiveness – complete with Manfred appearing in tandem with the drug dealer Tony Bosch, both in full makeup, celebrating the joint victory of Bosch’s lies and Manfred’s intimidation and payments for testimony. Tonight MLB violated every underpinning of its Basic Agreement and Joint Drug Agreement with the Players Association – which, although it has spoken out in a statement against these actions, clearly does not have the fortitude to act to stop these abuses, as it has not taken advantage of any of its innumerable opportunities to do so over the past year.

“I am sure Selig and Manfred believe this traveling circus serves Manfred's hopes of being the next Commissioner; the departing Commissioner Selig’s hopes of parlaying his success thus far in persecuting Alex into a recast chapter in the history books that would show him as a crusader, rather than the owner that colluded to corrupt the game, and Commissioner that turned a blind eye to steroids for over 20 years while personally profiting from their prevalence to the tune of hundreds of millions of dollars; and Tony Bosch's hopes to further capitalize upon his lies through a multi-million dollar book deal that his MLB-provided media agent is seeking to procure for him. But in fact, what they did tonight, in addition to dragging 60 Minutes' name down to the level of supermarket tabloid journalism, is provide the world with further evidence of Bud Selig and Rob Manfred's desperation to sell the fans on the lies that they have paid Tony Bosch to tell. 

“Perhaps the clearest message delivered by Selig and Manfred tonight is that their quest to rehabilitate Selig’s irretrievable reputation, and to make Manfred appear tough on PEDs, surely will lead MLB to seek to abolish guaranteed contracts in the 2016 bargaining round, and institute lifetime bans for single violations of drug policy, all while further insulating its corrupt investigative program from any variety defense by accused players, or any variety of objective review. Every MLB player, and indeed every fan, should not only be disgusted by tonight’s Salem Witch Trials display, but they also should be deeply troubled by what it portends for the future trampling of players’ rights, and the distraction and damage this will cause to the game.

“Alex will continue to fight to vindicate his rights – among the fans, and in a genuine judicial forum.
http://www.nj.com/yankees/index.ssf/2014/01/tacopina_rips_mlb_bosch.html
 

terrisus

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soxhop411 said:
 
Andrew Marchand ‏@AndrewMarchand18m
Joe Tacopina has a statement that is longer than many books. I will post to the blog in a bit.
 
Andrew Marchand ‏@AndrewMarchand14m
Tacopina's statement is a mere 448 words
 
 
 
soxhop411 said:
 
Daniel Barbarisi ‏@DanBarbarisi8m
Tacopina statement on 60 mins piece really incredible. Highlights: "Salem Witch Trials; "unparalleled display of hubris and vindictiveness"
 
 
 
 
That's some book right there...
 
Although, I suppose what it lacks in length, it makes up for in comedy.
 

jtn46

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Pretty good piece but one huge point Pelly didn't bring up regarding Bosch's credibility is that A-Rod was only one of 14 players caught in the investigation of Biogenesis by MLB, and he is also the only one still fighting his punishment (Braun did for a bit, but eventually came clean). IOW A-Rod's case is not only that Bosch is lying, but that he was telling the truth about 13 other players and lied about him and him only.
 

staz

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And, you know, all the other players on the list admitted that Bosch was telling the truth, and accepted their suspensions.
So... Bosch told the truth about all the other players, and just chose to lie about Rodriguez?...


That's where I'm at.

Also, if you pause the 60 Minutes piece when the pages of text messages are shown (and assume they are legit) why would ARod want a "nutritionist" to avoid all the "eyes" and take the service elevator to his hotel room?
 

Van Everyman

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Man, there are no good guys in this story, are there? Bosch, Rodriguez, Selig, Tacopina, Manfred. Weasels all.


Here's another guy who, sadly, comes out looking bad: the dad of a kid who killed himself using PEDs who has set up a foundation in his name.

Asked how comfortable he was with such an arrangement, given his expressed priority of keeping illegal PEDs away from teenagers, Hooton said, “Some has been written about those allegations. I’m not certain that those have been established as fact. I want to stay away from that one until we know what the facts are.” Hooton’s foundation receives donations from MLB and the Yankees.


http://nypost.com/2014/01/12/a-rod-lectured-kids-on-evil-peds-while-working-with-biogenesis/

So depressing
 

soxfan121

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They have to walk away from that.  If ARod would want to sue to get the HR bonuses, I think he would lose, and the Yankees could make the case, that cutting him was simply a baseball decision, and he simply isn't going to be good enough to fill a role
 
To do that, they'd need, you know, a capable 3b. If they try to say that what they had there in 2013 or will have there in 2014 was an "improvement" on Arod, that would become the single most outrageous, silly thing in this circus of outrageous silliness.  
 
But if they're gonna try this, Kelly Johnson is the most important player on their roster.
 

Rovin Romine

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Instead of the speculation about how strong the evidence was against A-Rod (beyond noting that it seems pretty strong), let's consider what the 162 means.  Future implications for other players, etc.  
 
***
 
Baseball has a three strike rule in terms of PED violations: 50, 100, Lifetime Ban.   It also has a "fuzzy" power to ban players for conduct detrimental to the game.  
 
A-Rod's original 211 ban, fits into either a 50 or 100 ban Plus an interference with the investigation/spreading PEDs ban.  It's unusual because this is technically the first time A-Rod was caught.  So a lot of people equated "the first time being caught" with "a first positive test result" ban of 50 games.   That perception was reinforced when the other players banned in the Biogenesis scandal were given 50 day suspensions, with the exception of Braun (who got 65).
 
The arbitrators final reduction wasn't to 50 or 100 games.  So we know the arbitrator did not believe there was only a "first" or second violation on A-Rod's part.  Clearly part of this ruling has to be based on the fuzzy "best interest of the game" power.  It remains to be seen whether this is for interfering with an investigation or a sort of "enhancement" based on long and sustained PED use instead of a simple "first time positive" (which could logically include anything from catching a chronic cheater the first time he gets sloppy to randomly catching someone who unknowingly ingested a banned substance). 
 
Also, the ban includes the post-seaon (which I'm glad for) and seems to set a precedent that under certain circumstances a team can't have a banned player come back to help them in the post season.  Perhaps it's for 162 games, perhaps it's for anyone who ends the season on the banned list - we'll see. 
 
So I think the walkaway is that future arbitrators are not bound by the 50, 100, Life testing penalty structure IF we're dealing with anything that includes a) a player coverup, or b) evidence of extended usage of PEDs (whether this is initially brought to light by a positive test or not).  In other words, the bare positive test nets you 50 or 100, but the window can be open for a greater ban, depending on how you handle it and what other evidence of cheating/PED use turns up.
 
I think this is a good thing given the "Peralta Situation," which really wasn't an incentive *not* to do PEDs.   (i.e., you do PEDs early in your free agency year, and, if you get caught, do your 50, play in the post season, then sign a multi-million, multi-year contract.  
 

PaulinMyrBch

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A guy with his own chef, access to doctors and trainers the Yankees employ, with means to hire the best doctors and nutritionists money can buy instead uses a street doctor without a license operating out of a FL strip mall for nutrition advice? Or the guy was the flavor of the day expert and guys in the know we're bragging about clean urine while juicing the same day. Take your pick.
 

Rovin Romine

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PaulinMyrBch said:
A guy with his own chef, access to doctors and trainers the Yankees employ, with means to hire the best doctors and nutritionists money can buy instead uses a street doctor without a license operating out of a FL strip mall for nutrition advice? Or the guy was the flavor of the day expert and guys in the know we're bragging about clean urine while juicing the same day. Take your pick.
 
Uh. . .can I pick "But Bud Selig Didn't Testify!" as I wrap myself in the flag?
 

Mighty Joe Young

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The whole affair has developed a pretty bad reek with neither side looking particularly good. But Arod is still the big loser - 27.5 really big ones, a career in jeopardy and a reputation completely shattered beyond repair. 
 
Not that I feel sorry for him. IMO, he's probably been juicing since high school.It's quite possible that he's never played a clean inning in his entire professional life.
 

Ed Hillel

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You sound like you're one of A-Rod's lawyers...


Because I think it's inappopriate for Selig to discuss the case with 60 Minutes? Arod is a scumbag cheater and narcissicist, but that doesn't mean MLB looks good in any of this either.
 

benhogan

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I was going to bash the interview, but I did learn a few things.
 
1. Pissing in midstream can help beat tests
2. Pre-game 'gummies', which is basically a low dosage of testosterone is being used and can help. That was an eye opener, guys popping these an hour before the game in the clubhouse/dugout. Makes me think this stuff is still widespread/prevalent.
3. I'll give Bosch a little credit for being honest and saying he would still be doing it if he didn't get caught.
 
Some other questions I think Pelley should have asked, and if he did please fill me in: 
 
Who else is doing it, and how did those players find you?
Lets hear about Ryan Braun?
Out of all the players that got caught, rate who were the heaviest and longest users of PEDs?
Who does he suspect is doing it that he didn't treat?
How widespread are these gummies? How hard is it to get your hands on these gummies?
 
Bosch alluded to "everyone" is doing this and always have been, Pelley pivoted and started digging into Bosch's conscience, who cares about Tony Bosch's conscience???
 
I wonder if MLB will start making guys piss in a cup before the first pitch? I know the rules say no now, but will they negotiate that with the Players Union next?  
 

Doctor G

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Nice of them to show Manny in a Sox uni while talking about 2008-2009.

Not that I assume he was clean ever.
Bosch's claim that Arod came to him because he was envious of Manny is total Bullshit. Arod turned to sleazeball Bosch after his real doctor Anthony Galea got too hot to deal with.
 

glennhoffmania

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Ed Hillel said:
Because I think it's inappopriate for Selig to discuss the case with 60 Minutes? Arod is a scumbag cheater and narcissicist, but that doesn't mean MLB looks good in any of this either.
 
I agree.  MLB did not come away looking any better.  Selig is trying to come off as a guy who is simply trying to catch the cheaters, but this ignores a lot of history.  And there had to be better options than to become so intertwined with Bosch's personal business and issues.  I'm not saying Bosch is a stand up guy by any means, but if MLB started throwing money, advisors, support and promises at him it's tough to blame him for accepting.
 

Average Reds

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Rovin Romine said:
Instead of the speculation about how strong the evidence was against A-Rod (beyond noting that it seems pretty strong), let's consider what the 162 means.  Future implications for other players, etc.  
 
***
 
Baseball has a three strike rule in terms of PED violations: 50, 100, Lifetime Ban.   It also has a "fuzzy" power to ban players for conduct detrimental to the game.  
 
A-Rod's original 211 ban, fits into either a 50 or 100 ban Plus an interference with the investigation/spreading PEDs ban.  It's unusual because this is technically the first time A-Rod was caught.  So a lot of people equated "the first time being caught" with "a first positive test result" ban of 50 games.   That perception was reinforced when the other players banned in the Biogenesis scandal were given 50 day suspensions, with the exception of Braun (who got 65).
 
The arbitrators final reduction wasn't to 50 or 100 games.  So we know the arbitrator did not believe there was only a "first" or second violation on A-Rod's part.  Clearly part of this ruling has to be based on the fuzzy "best interest of the game" power.  It remains to be seen whether this is for interfering with an investigation or a sort of "enhancement" based on long and sustained PED use instead of a simple "first time positive" (which could logically include anything from catching a chronic cheater the first time he gets sloppy to randomly catching someone who unknowingly ingested a banned substance). 
 
Also, the ban includes the post-seaon (which I'm glad for) and seems to set a precedent that under certain circumstances a team can't have a banned player come back to help them in the post season.  Perhaps it's for 162 games, perhaps it's for anyone who ends the season on the banned list - we'll see. 
 
So I think the walkaway is that future arbitrators are not bound by the 50, 100, Life testing penalty structure IF we're dealing with anything that includes a) a player coverup, or b) evidence of extended usage of PEDs (whether this is initially brought to light by a positive test or not).  In other words, the bare positive test nets you 50 or 100, but the window can be open for a greater ban, depending on how you handle it and what other evidence of cheating/PED use turns up.
 
I think this is a good thing given the "Peralta Situation," which really wasn't an incentive *not* to do PEDs.   (i.e., you do PEDs early in your free agency year, and, if you get caught, do your 50, play in the post season, then sign a multi-million, multi-year contract.  
 
We've covered this ground a lot in other threads, but apparently it bears repeating:  Your original premise about the suspension allowed under the JDA is incorrect and you are getting hung up on factors that did not come into play.
 
In addition to the grounds you have cited, MLB has the power to suspend players for non-analytical positive tests.  As Michael Weiner stated at the time, there is not a punishment schedule attached to this sort of violation.  MLB has the discretion to define the number of games the player is being suspended for and the player has the option of accepting this or fighting it through arbitration.
 
Braun's suspension was 65 games even though it was a "first offense" because it was for a non-analytical positive.  The amount of games was negotiated between Braun and MLB.  Other players were given 50 games and some players were not suspended because they have tested positive before for (presumably) the same offense.  There is confusion here, and MLB caused it by conflating the different suspensions.  But the fact that MLB chose to suspend some players for only 50 games or that they allowed some players to get off with "time served" for their non-analytical positive result does not mean that MLB was bound by the 50/100/lifetime schedule.  They just chose to use it for these players.
 
A-Rod was not suspended for a positive test.  This is why his suspension was not for 50 games.  He was suspended under a process that allowed MLB to define the number of games and for A-Rod to appeal.  That process has concluded.
 
The point being that in the future, if a player tests positive the schedule agreed to under the JDA will hold.  The window for "enhanced suspensions" is not related to how the player handles the situation - it's related to the nature of the violation.  Only where a player is suspended for a non-analytical positive can MLB can pick and choose the number of games depending on what they feel is appropriate.
 
As a practical matter, most cheaters are caught with testing because MLB is unaware of the activity until the positive test emerges.  This is why the JDA will apply.  The Biogenesis scandal was unique because it was first reported by the media and MLB followed it up.  I can't see MLB going out to find scenarios like this in the future (unless prompted) so absent extraordinary circumstances, future suspensions will fall under the JDA schedule and the behavior of those who test positive will not be a factor.
 
The Commissioner's power to act in the best interests of the game was never used here and is not part of the discussion.