Report: A-Rod banned through 2014?

[mabrowndog]

CBS New York
 

The evidence against the 14-time All-Star is ”far beyond” what the league had against Braun, according to ESPN.com. However, the Yankees don’t expect Rodriguez to be suspended immediately, sources told the website.
 
ESPN.com is also reporting that, according to sources, Rodriguez could very likely face a suspension similar to Braun’s.
 
An MLB source told CBS Evening News’ Jim Axelrod, however, that the five-time American League home-run champion could be looking at a lifetime ban.
 
So will the three-time American League MVP cut a deal with the league?
 
“My understanding is he’s trying to make a deal,” a source told the website. “But I don’t think it’s going to happen (Monday).”
 
A-Rod has admitted to using performance-enhancing drugs while with the Texas Rangers from 2001-03. The injured 37-year-old, who has denied using them since, told WFAN radio last week that he hasn’t instructed anyone to make a deal with the league “at this point” regarding a Biogenesis-related suspension.
 
But following Braun’s decision to cooperate with MLB investigators, A-Rod could end up changing his mind and taking the same route.
 
CBSSports.com/WFAN baseball insider Jon Heyman reported on Monday, prior to the announcement of Braun’s punishment, that Rodriguez’s suspension is expected to be announced within the next two to three weeks.

 
My immediate concerns are:
 
1) Would this let the Yankees off the hook for any or all of the balance of his contract?
2) Even if they end up not having to pay him, would the contract still be factored in when calculating their competitive balance tax?
 
If this ends up being a get-out-of-jail-free card for that fucking franchise on either or both counts, I'll be livid.

 

[soxhop411]

CBS New York
 
 
My immediate concerns are:
 
1) Would this let the Yankees off the hook for any or all of the balance of his contract?
2) Even if they end up not having to pay him, would the contract still be factored in when calculating their competitive balance tax?
 
If this ends up being a get-out-of-jail-free card for that fucking franchise on either or both counts, I'll be livid.

1) Im guessing yes, because most players are "suspended without pay." thus the yankees do not have to pay him.
2) im not sure
 
3) Do i have to root for A-rod?

 

[staz]

Have to believe this would void his contract, but there are more than a few owners who would raise holy hell if they lose out on expected shared revenue? Brewers saving about $4M on Braun pales in comparison to this. Selig will have to sort out what responsibility NYY has, if any. Interesting conundrum in uncharted waters.

 

[Harry Hooper]

If you read the Miami New Times articles on Biogenesis, there may be evidence not just of usage by Rodriguez but also efforts by him and allies to make evidence disappear. Such efforts, if substantiated, would seem to merit a much more extensive penalty than what Braun got. 

 

[JMT]

Have to believe this would void his contract, but there are more than a few owners who would raise holy hell if they lose out on expected shared revenue? Brewers saving about $4M on Braun pales in comparison to this. Selig will have to sort out what responsibility NYY has, if any. Interesting conundrum in uncharted waters.

There's no chance that this would void his contract.  Somebody correct me if I'm wrong, but I'm not aware of any stipulations in any contract, as of yet, that would render it void due to PED use.  That little nugget is already covered by MLB regulations, and thus isn't even touched upon (other than referring to MLB regs) in contracts.

 

[Bob420]

No chance? I bet there is a very likely chance that his contract is void if he is banned for life. He isn't getting paid if he is banned for life and there is already a lot of talk about how any suspension next year would help the yankees getting under 189. If he is banned for life, it will be for a number of things. Not just PED use. I doubt he gets banned for life but I bet they are throwing out serious numbers. My guess is he never plays again.

 

[Lowrielicious]

There's no chance that this would void his contract.  Somebody correct me if I'm wrong, but I'm not aware of any stipulations in any contract, as of yet, that would render it void due to PED use.  That little nugget is already covered by MLB regulations, and thus isn't even touched upon (other than referring to MLB regs) in contracts.

What about rendered void if he was to be lifetime banned? Whether PEDs are the basis for that ban or not I would have thought this could potentially be grounds for voiding a contract to play.

 

[JMT]

No chance? I bet there is a very likely chance that his contract is void if he is banned for life. He isn't getting paid if he is banned for life and there is already a lot of talk about how any suspension next year would help the yankees getting under 189. If he is banned for life, it will be for a number of things. Not just PED use. I doubt he gets banned for life but I bet they are throwing out serious numbers. My guess is he never plays again.

There's been no precedence set to ban him for life under these circumstances.  He hasn't even crossed MLB's limits to be banned for life.  I don't like the guy either.  But if he's banned for life, then MLB isn't playing by their own rules.  And I like that even less.

 

[bankshot1]

With the usual caveats of I'm not a lawyer, have no legal expertise whatsoever, and thus this is straight from the hip: it appears that the MLPA does not plan to expend much of its energy over the issue of PED use and negotiated suspensions, (and the issue of suspension for 1st and 2nd time use is covered by the CBA) I'd be more than a little surprrised if the MLPA did not put up a huge fight over a  voiding of a contract over suspected PED, as this would set a very dangerous precedent.  

 

[JMT]

With the usual caveats of I'm not a lawyer, have no legal expertise whatsoever, and thus this is straight from the hip: it appears that the MLPA does not plan to expend much of its energy over the issue of PED use and negotiated suspensions, (and the issue of suspension for 1st and 2nd time use is covered by the CBA) I'd be more than a little surprrised if the MLPA did not put up a huge fight over a  voiding of a contract over suspected PED, as this would set a very dangerous precedent.  

This.

 

[Bob420]

I would assume that any banned for life would include conduct detrimental to the game type of thing. Like him trying to pay off witnesses, buying documents to destroy and cover his tracks. Also read that he might have been involved in getting others to use or access to steroids.

 

[wade boggs chicken dinner]

This.

 
Check out one of the other threads.  MLBPA has made it clear that non-testing positives do not fall under the joint drug agreement, so there are basically no rules.

As for voiding his contract, why does that matter if he is banned for life?  He's not getting paid. 
 
Will be very interested in seeing whether this affects the luxury tax.

 

[LondonSox]

The Braun case is interesting, he's made it a lot worse in the court of public opinion for all others implicated in the whole mess.
Of course, it made sense for him and his team to take a deal, this season was toast anyway and it's all clear for next year.

Everyone already hates arod so not sure that matters.

I will say that it would be an absolute disgrace if arod doesn't get due process and the union HAS to support him. Braun took a deal and it's arguably in his interest. Arod and a lifetime ban or contract voiding they have to contest. It's been a major victory for them to keep full guaranteed contracts.

It's going to be interesting though. A one year ban could be a big help to the Yankees and their getting under the cap next year, ESP if he fights and appeals etc.

 

[bankshot1]

I would assume that any banned for life would include conduct detrimental to the game type of thing. Like him trying to pay off witnesses, buying documents to destroy and cover his tracks. Also read that he might have been involved in getting others to use or access to steroids.

 Same caveats. .
 
I think an argument can be made that Illegal drug use by its nature calls for a cover-up aand lies and said cover-up of an illegal act would not consitute another punishable offense. 
 
Banning ARod for life for a 2nd PED offense is not called for in the CBA and if MLB went after him for that, and denied him the right to pursue his career I would guess there would be one hell of a counter lawsuit that might make the anti-hero of our story a bilionaire.

 

[wade boggs chicken dinner]

I will say that it would be an absolute disgrace if arod doesn't get due process and the union HAS to support him. Braun took a deal and it's arguably in his interest. Arod and a lifetime ban or contract voiding they have to contest. It's been a major victory for them to keep full guaranteed contracts.
 

 
 

Banning ARod for life for a 2nd PED offense is not called for in the CBA and if MLB went after him for that, and denied him the right to pursue his career I would guess there would be one hell of a counter lawsuit that might make the anti-hero of our story a bilionaire.

 
Again - MLB and the union are taking the position that non-testing evidence of steroid use does NOT fall under the joint testing agreement.  Bud is using his "just cause" powers; the union believes that steroid players shouldn't be in the game, and thus the punishments can be anything that Bud dreams up - or as Weiner said, "from 5 games to 500 games."
 
If A-Rod was tampering with witnesses/evidence, it doesn't seem too far-fetched that Bud could ban him for life - being in the best interests of baseball.  And while A-Rod could pursue his rights, I doubt if the union is going to get involved.

 

[bankshot1]

Again - MLB and the union are taking the position that non-testing evidence of steroid use does NOT fall under the joint testing agreement.  Bud is using his "just cause" powers; the union believes that steroid players shouldn't be in the game, and thus the punishments can be anything that Bud dreams up - or as Weiner said, "from 5 games to 500 games."
 
If A-Rod was tampering with witnesses/evidence, it doesn't seem too far-fetched that Bud could ban him for life - being in the best interests of baseball.  And while A-Rod could pursue his rights, I doubt if the union is going to get involved.

My assumption is that anything greater than a 1 year ban will end up in court,in ARod v, MLB, MLPA, etal., 

 

[Bob420]

 Same caveats. .
 
I think an argument can be made that Illegal drug use by its nature calls for a cover-up aand lies and said cover-up of an illegal act would not consitute another punishable offense. 
 
Banning ARod for life for a 2nd PED offense is not called for in the CBA and if MLB went after him for that, and denied him the right to pursue his career I would guess there would be one hell of a counter lawsuit that might make the anti-hero of our story a bilionaire.

Ask Martha Stewart how the cover up didn't impact her initial crime.

 

[JMT]

Check out one of the other threads.  MLBPA has made it clear that non-testing positives do not fall under the joint drug agreement, so there are basically no rules.

As for voiding his contract, why does that matter if he is banned for life?  He's not getting paid. 
 
Will be very interested in seeing whether this affects the luxury tax.

Well, this goes back to my original reply.  He's not going to be banned for life.  And if MLB makes the mistake of doing so, they will lose in a long, drawn out, public court case with A-Rod's and MLBPA's attorneys that will make us all want to go play kick ball and hopscotch.

 

[staz]

"Just cause" clause brought up 2 weeks ago here:
http://m.nydailynews.com/1.1395670

The answer to this lies in the Article XII language, IMO.

 

[Rovin Romine]

Again - MLB and the union are taking the position that non-testing evidence of steroid use does NOT fall under the joint testing agreement.  Bud is using his "just cause" powers; the union believes that steroid players shouldn't be in the game, and thus the punishments can be anything that Bud dreams up - or as Weiner said, "from 5 games to 500 games."
 
If A-Rod was tampering with witnesses/evidence, it doesn't seem too far-fetched that Bud could ban him for life - being in the best interests of baseball.  And while A-Rod could pursue his rights, I doubt if the union is going to get involved.

 
Yep.  Don't forget, if A-Rod was trying to buy witnesses and/or tamper with physical evidence, he's not just "lying" about his own involvement, he's actively hindering MLB from investigating not only his own violations, but he's actively hindering MLB from investigating the violations of other players as well. 
 
Granted A-Rod may have been acting solely out of self-interest, but he basically took it upon himself to try to cover for the PED violations of 20 some odd players. 
 
If that's not grounds for a lifetime ban, I don't know what is. 
 
Plus, from what the New Times reported, it's not like A-Rod used PEDs once - he used dozens of PEDs over a long period of time.  Far worse than a single blind positive test. 
 
If he gets anything less than a year, I'd be shocked.  It would send a message that if you're in trouble, you should try to destroy evidence and tamper with an investigation.  After all, you'll only get a year or less.  And if you didn't tamper, you'd face something in the 50-65 day range.  So what's an extra 100 days weighed against the chance to make it all go away?
 
I suspect Braun was the carrot.  A-Rod's going to be the stick. 
 
A full confession might save him, but I suspect not. 

 

[bankshot1]

Ask Martha Stewart how the cover up didn't impact her initial crime.

Martha Stewarts trading crimes and cover-up were not covered by a CBA, but by federal law. ARod;'s crime of PED usage is covered by a CBA, as are the penalties for usage.If his union decides not to defend ARod he may have a reasonable case for damages against them.

 

[DJnVa]

If Braun's suspension didn't void his contract, this shouldn't void ARod's.
 
Why should a team benefit when there's more proof against their player?
 
And that's not contradicting what I said in another thread, that I think, at some point, the MLBPA and MLB should talk about players losing all guaranteed money and the right to guaranteed contracts in the future if they get a 50+ game suspension. In this specific case, the Yankees shouldn't get relief because their guy is more of a fuck-up.

 

[soxhop411]

If Braun's suspension didn't void his contract, this shouldn't void ARod's.
 
Why should a team benefit when there's more proof against their player?
 
And that's not contradicting what I said in another thread, that I think, at some point, the MLBPA and MLB should talk about players losing all guaranteed money and the right to guaranteed contracts in the future if they get a 50+ game suspension. In this specific case, the Yankees should get relief because their guy is more of a fuck-up.

in a way his contract is "void" for the rest of the season. If its a life time ban, they cant pay him

 

[DJnVa]

in a way his contract is "void" for the rest of the season. If its a life time ban, they cant pay him

 
I know that.
 
My point is Braun still gets his millions next year, because all baseball contracts are guaranteed and it's ridiculous for one team to benefit (NYY) because their guy was such a heinous cheater.
 
As a secondary point, I think that inthe future their could possibly be a rule that makes ALL contracts void (decided by team) if one of their players gets suspended. And makes all future deals (like Melky Cabrera's Toronto deal) a non-guaranteed one. But I realize that's likely never going to happen.

 

[Bob420]

Martha Stewarts trading crimes and cover-up were not covered by a CBA, but by federal law. ARod;'s crime of PED usage is covered by a CBA, as are the penalties for usage.If his union decides not to defend ARod he may have a reasonable case for damages against them.

This isn't covered by the CBA either. This isn't punishment for a first or second positive test. All bets are off.

 

[JMT]

And btw, this guy doesn't care if he ever plays again.  Everything he's doing and saying is by direction of his own attorneys.  He's ensuring he collects every dime owed to him on that contract...be it now, or years down the road.  And damages owed years down the road will be extensive.

 

[DJnVa]

I think I read somewhere today that ARod attempted to "buy back" his evidence (or something like that). Anyone else hear that?

 

[ivanvamp]

No chance? I bet there is a very likely chance that his contract is void if he is banned for life. He isn't getting paid if he is banned for life and there is already a lot of talk about how any suspension next year would help the yankees getting under 189. If he is banned for life, it will be for a number of things. Not just PED use. I doubt he gets banned for life but I bet they are throwing out serious numbers. My guess is he never plays again.

 
If you're right, the Yankees have to be praying with every ounce of energy they have that ARod gets suspended for life.  I'm sure they'd like nothing more than to get out from under that monstrosity of a contract.  
 
This would be one of those unbelievable situations where penalizing a player gives that team a huge break.

 

[bankshot1]

This isn't covered by the CBA either. This isn't punishment for a first or second positive test. All bets are off.

I'd be surprised if the MLPA would cede a loophole big enough to void a $100MM contract. As noted before the precedent would clearly work against the players that the MLPA presumably protects. 

 

[staz]

CBA:
http://mlb.mlb.com/pa/pdf/cba_english.pdf

Art. XII refers back to Art. XI (b) for the appeals process which is on pages 42-44 and will make your head spin.

 

[Lowrielicious]

If you're right, the Yankees have to be praying with every ounce of energy they have that ARod gets suspended for life.  I'm sure they'd like nothing more than to get out from under that monstrosity of a contract.  
 
This would be one of those unbelievable situations where penalizing a player gives that team a huge break.

Any chance they are doing any more than just praying? They have a massive incentive to see him banned and get out of his contract.

 

[Sampo Gida]

I think some of this is posturing to get Arod to accept a deal like Braun, albeit a much longer suspension, 150+ games.
 
Obviously, if he gets suspended for life he goes to arbitration, although I have read mixed reports on if he can do this.  If its upheld, the Yankees don't have to pay him a cent and can get under 189 million next year, and still keep Cano.
 
Not sure if Arod can take it to court if he accepts arbitration.  If he goes to court he will be too old to play once it is settled.  Without knowing what evidence they have it is hard to say what his chances are, but if MLB's case is so strong why would they want to settle?  I think the severity of the suspension would be hard to support in court, and the damages could be significant if Arod won,
 
Arods comfortable enough financially he can take the chance of fighting this. 
 
If he really tried to buy the evidence and MLB can document this (just Bosch or somebody  saying he did does not cut it), I suspect he does a deal, but then I am not sure why there would be a deal on the table.  That's something any court would frown on and would justify a severe punishment approaching a lifetime ban.   Arod is cooked if its true and verifiable.

 

[soxhop411]

I think I read somewhere today that ARod attempted to "buy back" his evidence (or something like that). Anyone else hear that?

http://www.nydailynews.com/sports/i-team/sources-a-rod-bought-biogenesis-documents-article-1.1315322

 

[Bob420]

I'd be surprised if the MLPA would cede a loophole big enough to void a $100MM contract. As noted before the precedent would clearly work against the players that the MLPA presumably protects. 

We'll see. I don't think he will be banned for life but I don't think it is out of the realm of possibility. I do think they could be threatening him with that in order to get a suspension of greater than one year.

 

[JMT]

I think some of this is posturing to get Arod to accept a deal like Braun, albeit a much longer suspension, 150+ games.
 
Obviously, if he gets suspended for life he goes to arbitration, although I have read mixed reports on if he can do this.  If its upheld, the Yankees don't have to pay him a cent and can get under 189 million next year, and still keep Cano.
 
Not sure if Arod can take it to court if he accepts arbitration.  If he goes to court he will be too old to play once it is settled.  Without knowing what evidence they have it is hard to say what his chances are, but if MLB's case is so strong why would they want to settle?  I think the severity of the suspension would be hard to support in court, and the damages could be significant if Arod won,
 
Arods comfortable enough financially he can take the chance of fighting this. 
 
If he really tried to buy the evidence and MLB can document this (just Bosch or somebody  saying he did does not cut it), I suspect he does a deal, but then I am not sure why there would be a deal on the table.  That's something any court would frown on and would justify a severe punishment approaching a lifetime ban.   Arod is cooked if its true and verifiable.

I agree with most of this.  But whether or not he tried to buy "evidence" probably wouldn't be an argument heard in court before proving that the "evidence" was...credible "evidence"...and on and on and on... No way a seasoned attorney for MLB would want to go down this road.  No way.  He'll be suspended for an amount of games.  He'll forfeit the salary for those games and will be paid the rest.  ...And he'll retire a filthy rich, embarrassed, moronic, hated, purple lipped dink.  

 

[Sprowl]

I sense collusion between A-Rod and the Yankees to drag out the process and incur the suspension mostly during the season when the Yankees are trying to kill payroll for ulterior reasons.
 
They're getting away with it too. :angry:

 

[Rovin Romine]

CBA:
http://mlb.mlb.com/pa/pdf/cba_english.pdf

Art. XII refers back to Art. XI (b) for the appeals process which is on pages 42-44 and will make your head spin.

 
It's not that complicated.  You actually want what's on page 39 - A.(1)(b).  It says that if the Commissioner is using the "best interest of baseball" power, he can basically just ban A-Rod for life.  If A-Rod has a problem with this, he can appeal within 30 days.  Bud then has to have a hearing on the issue, in accordance with Appendix A.  (page 295).  (It's a relatively normal hearing - please note that the rules of the hearing apply, but the final finder of fact is Bud, not the arb panel.)  In any event, at the close of the hearing, Bud then must issue a written decision, which is completely binding on A-Rod.
 
Since all the testimony is under oath, A-Rod takes some risk if he decides to go through with the arbitration proceeding, then sue after its inevitable outcome. 
 
And while A-Rod can subsequently sue in court, I doubt a court would issue an injunction so he can play while the process unfolds.  A-Rod, while suing, can argue that the process was unfairly conducted (unlikely to be a winner) or that the commissioner should somehow not have this power (also unlikely to be a winner.)  I don't forsee a de novo review (that's where a judge sits and looks at all the evidence for a second time before issuing a new and independent decision on the case.)  Unless A-Rod can challenge one of those two fundamental issues, he's toast. 
 
Caveat - not my area of law, but it does not seem to be that complicated of an issue.
 
Edited to remove a random aside that's too speculative to really have made it into this post, plus some final thoughts.

 

[Sampo Gida]

Any chance they are doing any more than just praying? They have a massive incentive to see him banned and get out of his contract.

 
This is one of my issues as well.  Teams have an incentive to look the other way when players are producing, especially in their cost controlled years, since PED's in this case are revenue generators.  However, once a player and his contract becomes a liability,  PED suspensions can allow the team to save on the expense side.  Who knows, maybe some of the evidence is being obtained by the Yankees, or was already obtained, and fed to MLB.  Do we really think billion dollar organizations don't keep close tabs on their human assets (or liabilities) .
 
One thing I hope that comes out of this is teams have to suffer some pain as well.  Perhaps 50% of the salary that the player does not receive can go into a fund to support the testing program and be counted against the CBT to pay for the years they reaped the dividends from the players PED use.
 
The larger issue really is the testing was supposed to be the first line of defense, that was the players expectations when they agreed to the JDA.  How did all these guys pass the steroid testing?.  If not for Biogenesis falling into their laps, and this is probably just the top of the iceberg if you assume there are other suppliers, foreign and domestic, then everybody just assumes these players are clean (at least those who have not already tested positive under the JDA),   How many more players are tapped into a different supplier and just relieved they chose the DR or other pipeline instead of the Miami one.

 

[Bob420]

They all pass because the stuff is out of their system so fast. They know if they take it after a game after they leave the park, their levels will be under the threshold within 6-8 hours. Plenty of time before any posible test. Also, no test for HGH. They should have completely random testing around the clock at any time and any place.

 

[JMT]

They all pass because the stuff is out of their system so fast. They know if they take it after a game after they leave the park, their levels will be under the threshold within 6-8 hours. Plenty of time before any posible test. Also, no test for HGH. They should have completely random testing around the clock at any time and any place.

This is correct.  But I think having to pull out of your girlfriend to pee might cross a line.  The testing methods are going to have to move on from urine and blood to tissue samples at some point if players continue the trend.

 

[Pedroia's Itchy Nose]

I have very mixed feelings about this problem. On the one hand I would have no problem with a lifetime ban for A-Rod. Ethically, I have no problem with a lifetime ban for Braun either, although I understand that this may not have been possible given the way that the rules are currently written.
 
That said, the idea that teams actually stand to benefit from their players being banned from baseball is absurd. I've been thinking about posting my thoughts on incentives and disincentives for PED use but haven't had the time to put together something substantial. Suffice to say I think a big part of the problem is that the teams don't have enough skin in the game. For enforcement to be effective, the teams need to be interested in being vigilant. Teams need to have a reason to fear having their players penalized for using, thus encouraging them to do their part toward enforcement. That the exact opposite might be happening with the Yankees is a serious blow to the future of PED use in the sport, I think.

 

[Sampo Gida]

They all pass because the stuff is out of their system so fast. They know if they take it after a game after they leave the park, their levels will be under the threshold within 6-8 hours. Plenty of time before any posible test. Also, no test for HGH. They should have completely random testing around the clock at any time and any place.

 
Exactly, you know that and I know that, and MLB presumably knows that, so why is MLB/MLBPA limiting the time and place as to where samples are collected if both are so serious about cleaning up the game? 

 

[502 to Right]

He will be threatened with a lifetime suspension, and cop to one year (no appeal).

 

[Rovin Romine]

Exactly, you know that and I know that, and MLB presumably knows that, so why is MLB/MLBPA limiting the time and place as to where samples are collected if both are so serious about cleaning up the game? 

 
Because they're not.  To paraphrase Lance Armstrong, - "It's not a drug test, it's an intelligence test."

 

[Jnai]

Guys, you understand that MLB has a players union that is strong and has bargaining rights? "We can come test you without warning at any time and place" is a little much.

 

[Sampo Gida]

I sense collusion between A-Rod and the Yankees to drag out the process and incur the suspension mostly during the season when the Yankees are trying to kill payroll for ulterior reasons.
 
They're getting away with it too. :angry:

 
Arod does not seem happy about it though.  Don't think he cares a rats ass about the Yankees getting under the CBT threshold, but he does make less in 2014 (only 25 from 28), so loses less.   So long as he does not accept a plea his 2013 salary seems safe.
 
http://www.usatoday.com/story/sports/mlb/2013/07/23/alex-rodriguez-biogenesis-mlb-negotiations-suspension/2579977/
 

Rodriguez, 37, was scheduled to make his season debut Monday against the Texas Rangers but was diagnosed Sunday with a strained left
quadriceps, and sent back to the Yankees' facility in in Tampa. Rodriguez,  according to two persons close to him, was furious by the decision and
is considering seeking a second opinion, with hopes of persuading Yankees general manager Brian Cashman to change his mind.
 
The team's decision to ship him back to Florida only strengthened Rodriguez's belief that the Yankees don't want him to return this
season, all while he remains in MLB's crosshairs over the Biogenesis scandal.

 

[bschase2]

Anyone else think about how close this was to being our problem?

 

[twibnotes]

I agree with the theory that they are leading with the lifetime ban threat to get a substantial suspension. In any negotiation, if you can credibly set a high target, you do so.

 

[Sampo Gida]

Guys, you understand that MLB has a players union that is strong and has bargaining rights? "We can come test you without warning at any time and place" is a little much.

 
Nobody suggested that, those are your words. Just expand the limits on when and where testing may be done.  Right now it seems limited to the park before games, so you can take your PED of choice once the locker room is closed to visitors and be clean same time next day when samples may be collected .  Do some after game testing, perhaps morning/lunch testing on the road at hotels.  Also, don't know much about how the offseason testing goes, but expand it so guys can give samples within 24 hrs (not sure what it is now but heard it was 7 days)

 

[DeJesus Built My Hotrod]

Anyone else think about how close this was to being our problem?

 
Well, from about 2003 until about 2008 or 2009, he would have been a pretty good problem to have.  I doubt the Sox give him the lifetime achievement contract that the Yankees gave him back then so I don't think this would have affected the Sox at all.  A lifetime ban that offers the Yankees a chance to get out of that contract on the other hand is a big problem for Boston.
 
I know this forum is specifically designed for this sort hand-wringing but everyone rooting for lifetime bans for these guys is ignoring the fact that there are likely more than a few non-Biogenesis MLB players who use PEDs.    How do you handle them?  There needs to be a process here that can be applied across the league.  And MLB needs to acknowledge that, for a long, long time, they not only enabled but promoted the ARods and Brauns of the world as the faces of the sport, knowing full well that these guys might be accomplishing their feats with a little help. 
 
Once again, "cheating" or, more appropriately, "finding an edge" has been part of sports since players started earning money for their performance.   Hell, it predated that even if only amongst the uber competitive types.   And it will be ever thus.  
 
The marginal guy from the slums of Boston or Santo Domingo will take the risk of getting caught, suspensions or not, because he has the chance to make it to the majors and earn far more than he could ever hope to earn back home.   The middling outfielder who is faced with a middling contract might also do so because it might help his SLG% and propel him into a much higher tax bracket.  And the superstar might do it because of ego, the need to stay sharp or simply their extreme competitive drive.  Or all of the above.   Excepting the superstar types, the immediate upside far outweighs the downside when it comes to the risks associated with using PEDs.
 
I am not condoning cheating but let's be real here.  Getting all sanctimonious about this is naive at best and disingenuous at worst.  If you want to eliminate edge-seeking in sports, start with doing away with merit-based pay.  And even then, you won't completely eliminate cheating because someone will always do "whatever it takes" to win.