Over To A-Rod

Lots of documentation is now available in the A-Rod steroid suspension case. Here is Team A-Rod's request for a federal injunction; their filing includes (Exhibit A, p. 44 and following) the arbitrator's decision which heretofore had been confidential.

If you are confident that baseball's new drug testing program has this situation under control, the following excerpt from the arbitrator's decision rationalizing A-Rod's passing of eleven drug trests while cheating may give you pause:

The claim by Rodriguez that science exonerates him in this case is not supported by any evidence in this record. It is recognized Rodriguez passed eleven drug tests administered by MLB from 2010 through 2012. The assertion that Rodriguez would have failed those tests had he consumed those PES as alleged is not persuasive.

As advanced as MLB's program has become, no drug testing program will catch every Player. In this case, the blood testing required to detect or had not yet been implemented in the JDA and therefore was not administered during the 2010, 2011, and 2012 seasons. With respect to testosterone, the record establishes that during the period in question it was possible for an individual to pass a drug test despite having recently used the substance, depending on variables such as the route of administration transdermal, sublingual, or intramuscular), dosage, concentration, the baseline value of the individual's natural testosterone to epitestosterone ratio and how soon after use the individual's urine sample is collected."

Bosch testified that he consid- ered several of these variables when developing Rodriguez's protocols, and the BBM commu- nications between Bosch and Rodriguez show multiple exchanges where Bosch instructed Rodriguez to use testosterone at such times, and in such forms and doses, as would prevent Rodriguez from testing positive. For these reasons, the absence of a positive test during the three years in question, in and of itself, does not and cannot overcome the unrebutted direct evidence in this record of possession and use.

So people who don't quite trust, oh, David Ortiz, probably won't be reassured by the news that he has not failed a drug test.

Comments

[narciso]

Doesn't Bosch incur more liability then A Rod, I'm more then a little skeptical of most appearances on 60 minutes.

[daddy]

Glenn Reynold's (Insty's) latest article in USA Today has this:

what if we had a college, and nobody came? And still got credit anyway.

The University of North Carolina at Chapel Hill may not have gotten quite to that point, but it's come close: More than 200 classes offered by the African Studies department, and very popular with athletes, appear not to have actually existed.

[daddy]

Hey, maybe A-Rod can teach an African History course at UNC next year!

[Dave (in MA)]

Apparently he has 3 full seasons left on his contract after the suspension. I wonder if the Yanks will just pay him off after another year or two and let him walk?

[MarkO]

The arbitrator determined that MLB had produced evidence of guilt that was beyond a mere preponderance. It was "clear and convincing."

A-Rod's Federal case has a remote possibility of success. Perhaps less than remote.

I wish MLB had done this to Bonds.

[narciso]

I say again, isn't Bosch more exposed then ARod.

[Account Deleted]

Exposed in what sense, Narciso? What sort of liability would pertain to Bosch's comments and/or testimony?

[MarkO]

Exposed to what? Civil? Criminal? Vituperate?

[narciso]

If it was illegal or unethical for ARod to get injected, the same applies for Bosch, who even did it to high school kids.

[MarkO]

Likely the statute of limitations has run or that an immunity deal was reached.

[mad jack]

Had to get the shot in on the Sox, TM! At least our guy is productive. Thanks to the Players Association A-roid is not a Red Sox as Henry was dying to get him from Texas but wanted his Texas contract reduced. A-roid was willing but the PA said no way and now it's an A-bomb from A-roid in New York, New York. I'm trying, but failing, to suppress my glee.

[narciso]

If the former is true, why are we bothering with this?

[mad jack]

Because this is about A-rod and Major League Baseball is trying to cover its collective ass on the drug issue. Bosch is a tool in this case, not the object of the exercise.

[Account Deleted]

"If the former is true, why are we bothering with this?"

The illusion of cleanliness and purity on the part of performers has been important since the first Olympics. The fact the performers have looked for artificial means of enhancing performance since the first Olympics has nothing to do with the maintenance of the illusion.

[Beasts of England]

I think it's a shame that those student athletes got credit for courses they never took, daddy. How will they ever be able to put that very lucrative African Studies knowledge to use in the free market if they weren't in class? Seems like a travesty and an opportunity cost all rolled into one.

[MarkO]

MLB, as a private organization, has the right to construct its own rules, so long as those rules bear a reasonable relationship to a legitimate purpose of the organization,

Some of those rules relate to competition, such as the physics of bats and balls as well as substances that would artificially aid the performance of a player.

For reasons apparent over the past 20 years, MLB has had to implement rules regarding PED's and testing. When MLB has evidence of a rule violation, it can take action. It did so, imposing on A-Rod a substantial discipline of a ban of over 200 games.

A-Rod had the right to arbitration, which he sought, although he walked out of it. The arbitrator has confirmed the MLB discipline (almost in whole) and A-Rod is taking the matter to Federal Court.

That's why.

[MarkO]

Who could have known that cancelling that one class and UNC would have ruined the basketball season?

[BB Key]

daddy, The Af - Am Dept at Chapel Hill has been closed . No room in the Inn for Arod .
See BobLee Says or the CarolnaPlottHound for confirmation . Royz Botz Kent Reed

[narciso]

Could we just limit it to those who haven't taken PED's, it's a much more manageable cohort.

[MarkO]

narc,

There might not be enough to field even one team.

[narciso]

I walked right into that one, lol,

[Ignatz]

Question;
Is it more destructive and immoral to actually have African Studies departments and classes or to pretend you do?

For that matter, which is more dishonest, graduating a kid who didn't have his head filled with crap or actually filling it with the crap and telling him he can then venture forth into the world and do something useful with it?

[daddy]

The Af - Am Dept at Chapel Hill has been closed . No room in the Inn for Arod

Wow, BB.

I am astonished that Holder hasn't started a Racism Lawsuit against the University for canceling that valuable Ethnic studies Department. Perhaps Jesse and Al will pick it up as a Civil Rights issue---"Mend it, don't end it!---Right on, right on, right on."

[MarkO]

I sense desperate impact.

Now, there is a seriously pernicious legal theory. It does away entirely with equal protection.

Does anyone care?

[MarkO]

White on, daddy, white on.

[Ignatz]

Does A-Rod have an actual friend?

[Ignatz]

What were you guys discussing today while I was out and why are there numerous largely flat chested Asian and Middle Eastern women looking for mates in my right and left margins?

[Account Deleted]

Ignatz,

The indenture offer for the performers generally covers feed, shelter and the opportunity to pursue academic endeavors of the performer's choice. I will grant dishonesty wrt the rationale offered to support the indenture but the performer is responsible for his choice. If a performer chooses to cheat himself, who can stop him?

[Ignatz]

More evidence of Robert Reich's stumpy pins:

Pew;
"Christie Story Attracts Little Public Interest"

[daddy]

Holy Moly!!!

Defying the Laws of Gravity

the Sports Illustrated Swimsuit Issue’s 50th anniversary, due out February 11th will feature a Kate Upton photo-spread shot in Zero Gravity!

[Ignatz]

Yes Rick,
But if you watch collegiate performer interviews it becomes readily apparent a good number of them, absent their considerable athletic talents, are only suited to deciding whether they would like cheese on that.

[MarkO]

Say hello to my little friend!

[jimmyk]

I for one am shocked that an African (American?) Studies department has anything but the highest academic standards, with such scholars as Cornel West and his rap album, and he was such a great teacher all his students got As.

[mad jack]

BB: BobLee is a nice find. Thanks!

[jimmyk]

My impression (my parents were both in the arbitration biz) is that it is extremely rare for a court to overrule an arbitrator. Of course this is no normal case, but I'm pretty sure A-Rod is toast.

[Ignatz]

I'd prefer to say hello to her two large ones.

[MarkO]

To invalidate an arbitration award, one must show corruption in the process or illegality. So, if the decision was not arbitrary and capricious or obtained by fraud, the challenge will be summarily dismissed.

[BB Key]

mad jack , glad you found him links are above my pay grade ... I think he has own thesaurus to identify some of his nicknames, ie Prince Tassel Loafers = former AD Dickie Badour

[Beasts of England]

Desperate impact or disparate impact? Or both...

[MarkO]

BoE,

“Brace yer self, Bridget, this might get a bit rough."

[jimmyk]

"Christie Story Attracts Little Public Interest"

Someone else here suggested it, but Rs should analogize the Christie roadblock scandal with the JEF's closing of monuments during the shutdown. Every bit as petty, and on the same scale of damage. Talking about Benghazi, IRS, etc. is important, but shouldn't be done in the same breath as traffic jams on the GWB.

Kirsten Powers was on Hannity tonight with David Limbaugh, and he was talking about Benghazi, F&F, etc., and while he was perfectly correct, Kirsten gave this deer-in-the-headlights look and kept asking "What to they have to do with anything?" I don't think she could have done that if he had talked about the monuments.

[Beasts of England]

Kate Upton seems like a very nice young lady.

[Account Deleted]

Ignatz,

I only watch athletic performers in the paddock or on the track. I've never seen any of them interviewed and the ones I've questioned in the paddock have never offered more than a perfunctory head shake in response so the college performers would, IMO, probably have an intellectual edge if I could ever induce myself to endure watching one being interviewed. I just can't imagine a sufficient inducement, aside from being paid.

[MarkO]

Is Kirsten the subject of an augmentation?

Although she has some attractiveness, the idea that she even held hands with Weiner would be enough to make her an old maid.

[Dave (in MA)]

Apparently Mooch pinched off a biggie at the She-Woman Man Hater's lodge in Maui and the landlady had to get the stopped-up works going again. http://tmz.me/1hj0Ks6

[Beasts of England]

lol, MarkO!

[jimmyk]

MarkO, I wish you hadn't reminded me of Kirsten and Weiner so close to when I'm going to try to sleep. I'm just going to imagine she gave him that same deer-in-the-headlights look when he tried to make his moves on her.

[matt]

Back in '84 - '92 I was at every major international championship. I watched T&F, weightlifting, shooting, cycling and a lot of other sports descend into drug use.

We knew where it was coming from, how it was used, and how deep the problem was. The IOC and federations torpedoed the efforts to deal with the problems. It was all about the Benjamins. It still is.

[Captain Hate]

I wish MLB had done this to Bonds.

Bonds is a major reason I can't stand San Francisco fans. They earn a lot of my disdain on their own for being terrible human beings but them cheering for somebody who used to have a body size like Kenny Lofton before ballooning up to Vince McMahon territory puts them in the hot garbage status. Plus Bonds is just a miserable example of what the species can produce.

LOL Dave; I'd bet on Mooch to be able to clog up a viaduct.

[Ignatz]

Bill Keller, typical compassionate liberal, thinks those inconvenient and expensive breast cancer patients should be happy to volunteer as soylent green for NHS style compassionate, palliative homicide; even those in their forties with young kids at home.

Anyone think the damned, stupid son of a bitch will feel the same when the doc tells him he's gonna need some very expensive treatment to keep his prostate from devouring him?

[Captain Hate]

Keller sounds like a complete dumbass and a miserable ghoul with a life containing no quality. Reading that trash was a waste of time.

[narciso]

Carlos Slim's scribblings like Flatheads are only good for fisking, or just light tut tutting, they had one piece, by Pankraj Mishra, about how Bond was about imperialism, no he was about dealing with paramilitary and organized criminal organizations, often fronts for foreign powers,

[jimmyk]

At least he gives her this: "I cannot imagine Lisa Adams reaching a point where resistance gives way to acceptance. That is entirely her choice, and deserving of our respect."

But why these busybodies think that it is their business to "debate" other people's decisions is beyond me.

“I’m the last person to second-guess what she did,” Goodman told me, after perusing Adams’s blog. “I’m sure it has brought meaning, a deserved sense of accomplishment. But it shouldn’t be unduly praised. Equal praise is due to those who accept an inevitable fate with grace and courage.”

Gee, thanks. I'm sure people grappling with these decisions really care about what Dr. Goodman and Bill Keller think.

[Captain Hate]

Goodman should've stopped running his yap after the first sentence.

[Ignatz]

--Equal praise is due to those who accept an inevitable fate with grace and courage.--

Is it just me or is that an extraordinarily insulting and contemptuous statement?
Did the jerk not just clearly imply that anyone who forgoes swallowing Zeke Emmanuel's strychnine is lacking in both grace and courage?

The left's cult of death (always other people's of course) grows more bold every day.

[narciso]

So seeing how practically every courier, Ghul, Beiah (sic) now an underling in the ISIS, and bodyguard to Bin Laden, Shalabi, wanted in connection with Benghazi, 'winning the future'
are we doing,

[narciso]

his attorney's last client, blew up a Iraqi army barracks in Mosul, this was noted in the Boumedienne brief,

http://www.washingtonpost.com/world/national-security/panel-yemeni-detainee-should-be-transferred-out-of-guantanamo/2014/01/09/ca5f81fe-7979-11e3-b1c5-739e63e9c9a7_story.html

[Captain Hate]

Is it just me or is that an extraordinarily insulting and contemptuous statement?

No it's not just you. The woman has children and is determined to fight her utmost to maximize her time with them. I think it's also very insulting of Keller to be writing about her while she's still alive and pontificating about her choices like a neighborhood gossip. But he's a journalist and a self-appointed cornerstone of the nation, so who am I to hold him to my pedestrian standards?

[Captain Hate]

Nytol.

[narciso]

I'd forgotten about some of these beauts, from the Solon of Scranton;;

http://freebeacon.com/gates-gives-specific-examples-of-bidens-terrible-foreign-policy-record/

[dublindave]

"Talking about Benghazi, IRS, etc. is important, but shouldn't be done in the same breath as..."

The right has 'scandal envy'. From the substance of the scandals that the Democrats are prosecuting to the way in which they are prosecuting them. There's no Issa-esque showboating, no partisan witch hunting,just low-key honest to goodness gathering of the facts to serve the public interest (which is another way of saying that Democrats are furiously destroying Christie's reputation to clear the path for Queen-bee bitch of the Universe and the next President of the United States,Hillary Clinton).

But it's a sight to behold is it not? How Democrats prosecute scandals? We've turned 'Bridge-gate' into star studded 100 million dollar, multi oscar nominated runaway epic ...........Benghazi,the IRS and Fast n furious scandals are badly made student video shorts that no one wants to see.

[Gus]

The Wee Douche bag displays his complete lack of morality in spades. Christopher Stevens could not be reached for comment.

[daddy]

the idea that she even held hands with Weiner would be enough to make her an old maid.

.

[Beasts of England]

Substance trumps style...

[daddy]

I'm currently watching the Kirsten Powers/David Limbaugh segment on Hannity mentioned above.

It is amazing to observe Kirsten's inability to see the corruption of this Administration. Almost any of these scandals just by themselves would have brought down a Republican Administration:

IRSGate--definitely.
You can keep your HealthCare plan--definitely
Benghazi--definitely
Fast and Furious--probably
Blocking the WW2 Memorials from the Vets--definitely

That she can't see that is startling. I don't think she's lying. I honestly don't believe she sees the world the way I do. I just cannot figure out how she can be so blind, but whatever the reason it's probably the same thing that allowed her to look at Weiner and consider him worthy of dating.

I pray that neither of my daughters are ever so ignorant of human nature.

[Gus]

Daddy, Republicans hate womyn. Obama loves Womyn. There is your answer.

[bgates]

Equal praise is due to those who accept an inevitable fate with grace and courage.

I'm old enough to remember when the specter of some number of poor people being forced by circumstance to accept an inevitable fate with grace and courage was a national catastrophe which justified the replacement of the most successful health care market in the history of the world with two thousand pages of legislation and tens of thousands of pages of regulation, plus or minus whatever Obama feels like adding or removing from day to day.

It turns out that the problem with a free(ish) market health care system is that some number of poor people can afford only subpar palliative care of the sort that the Left wants to force on everybody.

[Gus]

bgates. We are experiencing a change in the MORAL and WORK ETHIC/ETHICAL climate of our country. I'm not that old, but I would NEVER EVER seek or accept assistance from the Govt., unless I was near starving. The GOVT has no money, IT MERELY TAKES YOURS to give me what I need or more accurately, what I WANT. The LEFT is encouraging WELFARE and FOOD STAMPS and POVERTY. The LEFT has gone FULL COMMIE, FULL COMMIE!! I coined the term 6 years ago. The left WANTS dependence and tells our fellow Americans, that they are NEEDY, because of YOU.

[Gus]

Bgates, in my view, the dilemma of libtard policy is obvious. More NEEDY equals more POWER, more POWER equals more needy voters or groups of dependence. How does this EVER end??? How do you raise the MINIMUM wage, without giving something for NOTHING. How does 50 million people FIFTY FUKKKKKKING MILLION PEOPLE on FREE FOOD/FOOD STAMPS, equal a POSITIVE???? WHY?? Why are so many Americans NEEDING, someone else to pay for their dinner???? It's a death spiral. And the COMMIE LEFT never runs out of BLAME.

[rich@gmu]

>>>Fast and Furious--probably<<<

saw flagged up on that it has a pedigree dating to 2000 or so...forget where I saw it.

[rich@gmu]

i'm a bit skeptical that that is the case but it would seem to explain some seemingly incomprehensible decisions regarding our southern boarder.

[rich@gmu]

good grief had no idea the scandal was that bad at UNC. yikes.

[Steve]

Last Call for Light Bulbs?

http://commoncts.blogspot.com/2014/01/last-call-for-light-bulbs.html

[narciso]

yes, it was at the Horde. but from El Universal, the notion that the Govt made a deal with the Sinaloa cartel, in return for informants, according to his atty.

Although didn't Houston Baker, and most of the motley lot come from Duke, just to be perfectly
clear,

[narciso]

Why did I know it was Cilizza, the red headed step child of the Journolisr, even before I saw the byline;

http://hotair.com/headlines/archives/2014/01/13/christies-still-the-frontrunner/

[narciso]

the Horde got in from here,

http://www.businessinsider.com/the-us-government-and-the-sinaloa-cartel-2014-1

caveat, lawyer's mouthpieces can be somewhat unreliable.

[narciso]

So the Budget deal, sharpest move since Lando in Cloud City, by that I mean. . .

[Jim Miller]

"Last Call for Light Bulbs?"

No, as anyone who reads my site regularly would know.

[NK(withnewsoftware)]

Two things from last night--

Narciso's point about Bosch is significant-- this Biogenisis spa business was all about hooking up his rich South Beach ladies with their HGH fixes to keep them looking youthful, and to get get the HGH and testosterone into the South Beach boy toys who divorced ladies paid to keep around. A-Roid decided to use Bosch as a cover to get his PEDs. A-Roid vainly going to the ritziest spa in town looked 'innocent' enough. Well, turns out Bosch and A-Roid had a more sinister operation. Why didn't prosecutors go after Bosch harder for handing out controlled substances like candy? Maybe they treated it as 'victimless', or maybe Bosch's celebrity customer list is a little too sensitive, so shutting him down was enough.

[jimmyk on iPad]

"No, as anyone who reads my site regularly would know."

And light bulbs (about which Jim posted on 12/30) are not the only reason to read his excellent blog regularly (or at least irregularly, as I do :) ).

[NK(withnewsoftware)]

Bill Keller-- he lamely tries to show the distinction between the Adams woman fighting to stay alive for her young children, and an elderly man chooses not to have extraordinary life extension means. But Keller's agenda is clear, Adams and Sloan should be sucking up resources for one woman that could be sread around to hundreds of illegal immigrants. Twice yesterday 'mainstream' Lefties were complaining about how expensive USA medicene is-- the other was Ezra Klein climbing out of the sand box to say Single Payer wasn't the answer, price fixing and rationing was (same thing idiot). USA healthcare is too expensive; Indeed it is; and Americans who are accustomed to employer group health plans use too much medical care, indeed they do. What infuriates me about the Left like Keller and Klein, is that they want OTHER people to not have options, and they are sneaky about how to do that, i.e. give the job to 'Expert Panels' like Dr. Mengele... I mean... Emanuel. The Left doesn't want a public debate about rationing and death panels, because they'll lose, so they'll continue to operate in the shadows.

[And I just stole it.]

Hah, Trefjon, over @ the Bish's, just invented 'bien pendant'.

[narciso]

So Bosch was a quack, a graduate of a medical school in Belize, his father was investigated in relation to Manny Ramirez, all the way back to 2009

[narciso]

the story begins here, in my 'alternative' paper;

http://blogs.miaminewtimes.com/riptide/2009/06/meet_the_miami_doctor_who_juic.php

just goes to show you,

[NK(withnewsoftware)]

Last thing about last night-- Yankee fans. I admire the passion of fans backing their team and attacking rivals. So Tom M immediately throws the spotlight off of A-ROID and the Yankees and on to WORLD SERIES CHAMPS BOSOX!!! David Ortiz uses PEDs?-- no doubt. So do virtually all top baseball players and cyclists, it is in the nature of their sports. Fine. But what Yankee fans like Maguire love to avoid is that an inordinate number of Yank players during their 1995-2003 run were juicers-- severe juicers. And since the advent of Collective Bargained testing, the Yanks have been to one WS-- one. despite the highest payroll in baseball every year. The historical record is clear, the Yank run was based more on BIO-chemistry than baseball chemistry. And Yank fans resent that with testing they can't even buy championships.

[NK(withnewsoftware)]

'Quack'?-- maybe not. Bosch got results, both for the ladies and the ballplayers.

[JIB (in Typhus hell)]

Well, surprise, surprise.

Mrs. JiB just received her proxy voting ballot for Apple and guess who is nominated for the board/

Al Gore!

Wonder if Rush will get into this today. He is a big Apple fan but Al Gore, not so much:)

[narciso]

That's like when Mr. Burns won the film contest,

[Miss Marple]

Why I Bought a House in Detroit for $500

http://www.buzzfeed.com/drewphilp/why-i-bought-a-house-in-detroit-for-500

Occasionally Buzzfeed will run a gem of a story. This is one, which gives you a good feel for how it is in Detroit.

[Miss Marple]

JIB,

Of course he is! The company that has convinced people they need new iPhones every 9 months needs a flim-flam man, and Mr. Carbon Credit Billionaire Gore is just the ticket!

[narciso]

Well Samsung is the 'new hotness' in the trade, and Apple was the pioneer but no longer,

[NK(withnewsoftware)]

Samsung phones are hawt-- but they don't make 'real' money for the company. It's like IBM's PC circa 1986.

[narciso]

But they will, in time, much as with Apple, that Microsoft ate their lunch.

[James D.]

NK @ 8:27 Exactly.

I'm very sorry I violated my new rule and clicked over to the NYT to read the Keller article. He's an evil man, and it's not hyperbole to state it that way.

He - like all the leftists - want the power of life and death over all of us, and he - like all of them - has made it abundantly clear that given such power, he will deny life and give death to those whom he disapproves of (which would be pretty much everybody outside of his circle of cronies).

[narciso]

He's become denser over time;

http://twitchy.com/2014/01/14/shining-simpleton-stephen-king-blasts-christie-with-staggering-obama-awareness-fail/

[Captain Hate]

Mrs. JiB just received her proxy voting ballot for Apple and guess who is nominated for the board/

Al Gore!

You'd think that the fat scientific dunce claiming to have been responsible for the internet would be enough to disqualify him automatically. I don't know if there's any chance of defeating him since the crony capitalists with large holdings probably consider him a kindred entity.

[narciso]

The Unfriending, goes on at a faster clip;

http://hotair.com/headlines/archives/2014/01/14/exclusive-with-muslim-brotherhood-crushed-egypt-sets-sights-on-hamas/

[Old Lurker]

You know, I just lack the energy to spout off about the deal "Congressional Negotiators" have reached but I see enough to grasp that the left continues its long march while the right is clueless. I will wait for RSE to tell me the value of the crib to coffin day care that will be funded in this deal.

I am disgusted with all of these folks, and I truly hate many of them on both sides.

[centralcal]

I feel much the same as you do, OL.

[NK(withnewsoftware)]

Samsung's smartphone profitability is TBD. I have never been able to figure the 'business' of entertainment, consumer electronics and Amazon. Jobs' genius was clearly understanding consumers and marketing.