Detroit Tigers v New York Yankees - Game One

So maybe Major League Baseball is even more determined to attack drug cheats than previously thought. After reports the Drug Squad’s dogged pursuit of Ryan Braun and other stars failed to yield anything substantial, a New York Times report suggests the League will instead file a lawsuit against Biogenesis claiming “the individuals damaged the sport by providing some of the game’s biggest stars with performance-enhancing drugs.”

This is a huge, albeit desperate, step in the efforts to rid the game of performance-enhancing drugs. The big question is: will it work?

Hard it say. Filing a suit will allow MLB a more proactive method of proving its players used drugs. Testing is ineffective and ultimately wasteful as the testing process will forever be one step behind those looking to cheat the system.

By filing suit against the clinics, the league believes they can acquire direct evidence linking players to illegal substances, removing the element of doubt long clouding the process. From the New York Times report:

A lawsuit, if allowed to proceed, would give the sport the ability to subpoena records from the clinic [Biogenesis], which is now closed, and compel depositions. Some of the information uncovered could then conceivably be used by baseball to justify disciplinary actions against players.

The suit seeks monetary compensation from the clinics, a bald-faced attempt to generate leverage and lean on the clinics and providers by making the punishment far greater than the reward.

The risk for the league is suing an already disreputable establishment for records likely destroyed long ago (Ed note: related.) Not to mention pushing those players still seeking/requiring an unlawful edge even further underground, where the immediate health risks are increased in addition to introducing possible criminal elements to this shady business.

After floating possible immunity for links to high profile players, one thing is very clear: Major League Baseball is not playing around any more. This Biogenesis clinic looks like the battle they’ve chosen as the make or break. If the league doesn’t get their pound of flesh here, maybe they won’t at all. Either way, they are doing their best to send a message – the only people damaging the MLB brand will be Major League Baseball, thank you very much.

Comments (12)

  1. This comment is very off topic Drew, so I apologize for that. But when can we expect the first Getting Blanked podcast with the boys, I need my fix.

  2. video podcast, I mean of course.

  3. I have to say I don’t understand why everyone is so upset at MLB for trying to get the bottom of this issue or get any truth out of it for that matter. During the McGuire and Sosa years MLB got shit on because they turned a blind eye to the players doing it along with the media. Now that they are actively trying to do something about it MLB is the evil empire using dirty tricks to beat up on the poor players. It’s just crazy.

    Just look at the Lance Armstrong case and the extraordinary measures the government had to take to get the truth. This is starting to resemble that imo. Also look at all the innocent people Armstrong shit on along the way. We’ve already seen it in the Braun case with regards to the tester who had his name and reputation dragged through the mud. If the players named in the Biogenesis documents truly have nothing to hide then ultimately they shouldn’t have anything to worry about. Surely it will be a simple matter for Braun’s lawyers to produce evidence, you know, invoices, hourly lawyer billings or e-mails detailing their consultation with Bosch. Personally I hope Braun is totally innocent along with most of the other players. Baseball certainly doesn’t need it. That said, I strongly believe they shouldn’t shy away from players using any means to cover their tracks.

    As for this line from your article – ” Not to mention pushing those players still seeking/requiring an unlawful edge even further underground, where the immediate health risks are increased in addition to introducing possible criminal elements to this shady business.” really? It’s MLB’s fault that players chose do something illegal and harmful to their health? I couldn’t disagree more.

    While I certainly agree the MLB isn’t going to look pretty here we have to remember at the end of the day who got them there, cheating players.

    • I sort of agree with your first point, I just wonder at what point do they overstep their bounds?

      As for pushing the players underground, if the welfare of the players isn’t focus then what are they doing any of this for?

      • That’s like me saying the government should give me lots of free money so I don’t risk my life and that of others and open a meth lab in my house. There has to be a reasonable level of personal responsibility here. MLB isn’t forcing anyone to use PEDs to defraud their teams in pursuit of a MLB contract. Don’t get me wrong. I completely understand the motivation for certain players to do so. However, that’s their choice and has nothing to do with MLB. The potential financial benefits of them using PEDs is obvious but again so is me opening that meth lab.

        As for them overstepping their bounds, I agree it could become an issue. I certainly prefer them taking the lawsuit approach compared to them trying to get players to flip on each other.

        • No, it’s like saying the government should legalize relatively harmless drugs so we don’t have to buy them from criminals anymore.

  4. I’m using MLB’s theory and suing Walmart for selling the trailer trash cows clothes wear that makes me sick to my stomach. 300 pounders can’t fit into a size 2

  5. That Dave Brown is really dumb, comparing Cocaine to P.E.D’s. What’s next, it’s 1970 and MLB commissioner Bowie Kuhn is suing DR. Timothy Leary for selling Dock Ellis LSD before his perfect game on June 12?

  6. Not a big stretch, actually. If Biogenesis was breaking the law, and MLB was harmed, then a civil suit makes perfect sense- this doesn’t appear to be without foundation.

    I’m troubled by the reports that MLB is offering immunity to some players (what happened to zero-tolerance?) in order to get evidence on others, but this seems like an entirely fair manner of proceeding.

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