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Thursday, March 14, 2013

MLB Subpoenas Biogenesis Notebooks, Scribblings

[ Gio ] Gonzalez said he passed a drug test administered two days after the report was published on Jan. 29. The league, however, doesn’t require a failed drug test to suspend a player; MLB can issue a 50-game suspension if it proves the player used or possessed banned substances.

boteman Posted: March 14, 2013 at 08:53 AM | 22 comment(s) Login to Bookmark
  Tags: mlb, peds

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   1. Avoid running at all times.-S. Paige Posted: March 14, 2013 at 10:23 AM (#4388196)
I'm must admit that I do not understand legal things and all but does MLB have the right to subpoena anything? I thought only legal bodies did. Or is subpoena a more general term?
   2. JJ1986 Posted: March 14, 2013 at 10:25 AM (#4388199)
I'm must admit that I do not understand legal things and all but does MLB have the right to subpoena anything? I thought only legal bodies did. Or is subpoena a more general term?


Well, the actual headline is "Miami New Times won’t hand over Biogenesis records to MLB".
   3. Esoteric Posted: March 14, 2013 at 10:32 AM (#4388203)
Since when does MLB have subpoena powers? It's not the government. It ain't Congress. And near as I can tell, it's not as if there's a civil case on this matter pending in court. So upon what grounds does MLB claim the right to subpoena a third party?

Or is this just a bit of careless headline re-writing? (Because when I click the headline, it says something quite different.) "Subpoena" is a legal term of art precisely because it means a lot more than just "a polite request for documents." It carries an element of compulsion with it.

EDIT: Cokes to #1 and #2.
   4. RoyalsRetro (AG#1F) Posted: March 14, 2013 at 10:33 AM (#4388205)
To answer the question, no, they do not. Subpoena is a misleading term. "Meekly asked" is probably more accurate.
   5. Hang down your head, Tom Foley Posted: March 14, 2013 at 12:12 PM (#4388271)
28 other teams have subpoenaed Mike Trout from the Angels. All except the Marlins.
   6. Bob Tufts Posted: March 14, 2013 at 12:38 PM (#4388294)
Millions of people in Florida imitate the movie "Cocoon" and use HgH and other similar drugs.

I'm sure that the FL state AG's office will make this a top priority and go after a few million voters in order to determine whether a baseball player used deer antler spray or yak intestines.



   7. hee came hee seop'd he choi'd Posted: March 14, 2013 at 01:14 PM (#4388319)
They can ask for documents to be brought to a deposition if they're suing the clinic or the herald for whatever reason they can concoct.. But it doesn't necessarily have to be complied with. You can always file a motion to quash the subpoena/depo notice.
   8. Ray (RDP) Posted: March 14, 2013 at 01:23 PM (#4388324)
No, MLB can't subpoena anything. An example is Mitchell's investigation, where they only had power over their own employees: an employee could answer the questions, ask for permission not to, or resign.

However, I imagine the feds will be sticking their noses in this shortly if they haven't already, and that changes the ballgame -- as we also saw with Mitchell's investigation, as he had very little without Radomski/McNamee.

(Sure, if there's a legal proceeding, MLB can ask the judge to compel certain things, and there are rules/laws which speak to this. )
   9. Srul Itza Posted: March 14, 2013 at 01:35 PM (#4388329)
You can always file a motion to quash the subpoena/depo notice.


Under federal rules and most state rules which mirror them, you do not even have to do that. You just file an objection, and the person seeking the documents has to move to compel production
   10. valuearbitrageur Posted: March 14, 2013 at 02:12 PM (#4388349)
The word subpoena doesn't exist in the article. Just sayin, Boteman.
   11. geonose Posted: March 14, 2013 at 02:16 PM (#4388353)
I'm must admit that I do not understand legal things and all but does MLB have the right to subpoena anything? I thought only legal bodies did. Or is subpoena a more general term?

No, and the article does not say that they subpoenaed Biogenesis, just that they asked for the records. MLB does not have subpoena power. It's a really lousy BTF headline, totally misleading and misstated.
   12. You Know Nothing JT Snow (YR) Posted: March 14, 2013 at 02:21 PM (#4388356)
Perhaps they're just parsing Bud's imperial air.
   13. madvillain Posted: March 14, 2013 at 02:45 PM (#4388375)
If Bud Selig has subpoena power now I think it's officially time to over-turn the Patriot Act.
   14. The Yankee Clapper Posted: March 14, 2013 at 03:06 PM (#4388396)
If Gonzalez was tested after the article came out, isn't it likely that the others mentioned were, too? And despite MLB's program leaking like a sieve, there hasn't been a word about any positive tests.
   15. Fancy Pants Handles lap changes with class Posted: March 14, 2013 at 03:15 PM (#4388402)
If Gonzalez was tested after the article came out, isn't it likely that the others mentioned were, too? And despite MLB's program leaking like a sieve, there hasn't been a word about any positive tests.

Absence of evidence is not evidence of absence.
   16. Danny Posted: March 14, 2013 at 04:24 PM (#4388455)
If Gonzalez was tested after the article came out, isn't it likely that the others mentioned were, too? And despite MLB's program leaking like a sieve, there hasn't been a word about any positive tests.

Here are a few words.
   17. Walt Davis Posted: March 14, 2013 at 04:28 PM (#4388459)
If Gonzalez was tested after the article came out, isn't it likely that the others mentioned were, too?

Every player is tested at the start of spring training. How long it takes to process the tests I have no idea. And of course we had the massive rumor of Cano, ARod, Braun, Cervelli, Ted Cruz, Sugarbear, Lyle Waggoner and Claude the Wonder Horse had all tested positive.
   18. Hang down your head, Tom Foley Posted: March 14, 2013 at 04:30 PM (#4388461)
If Bud Selig has subpoena power now I think it's officially time to over-turn the Patriot Act.


In response, Bud has extended the Patriot Act indefinitely.
   19. bunyon Posted: March 14, 2013 at 04:34 PM (#4388467)
It's a really lousy BTF headline, totally misleading and misstated.

Doesn't that make it a really excellent BTF headline?
   20. The Yankee Clapper Posted: March 14, 2013 at 04:58 PM (#4388474)
And of course we had the massive rumor of Cano, ARod, Braun, Cervelli, Ted Cruz, Sugarbear, Lyle Waggoner and Claude the Wonder Horse had all tested positive.

Seems like other reporters should have been able to confirm some aspect of that rumor by now if there was anything to it. Maybe I'm giving sports reporters too much credit, expecting journalistic effort & practice, but I don't think the MLB clowns could keep a secret like that even if they wanted to.
   21. Pops Freshenmeyer Posted: March 14, 2013 at 05:14 PM (#4388484)
The same guy reported Melky's positive last year and actuall apologized when nothing came of it. THEN Cabrera got suspended after the apology. I don't really remember all the time frames but I think it took at least a month after the original report for him to be vindicated. Or really, really lucky.
   22. Walt Davis Posted: March 15, 2013 at 06:05 AM (#4388780)
Seems like other reporters should have been able to confirm some aspect of that rumor by now if there was anything to it.

Nobody messes with Lyle Waggoner

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