MLBPA responds
Posted by: Peter Abraham - Posted in Misc on Feb 09, 2009 
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This from the MLBPA:
Major League Baseball Players Association Executive Director, Donald M. Fehr, today issued the following statement in response to questions raised concerning recent reports about the 2003 testing program.
“We are issuing this statement today to respond to two questions that have been raised in the last few days in connection with reports about Alex Rodriguez and the 2003 MLB testing program. First, it has been asked why the results from our 2003 survey tests were not destroyed before they were seized by the government in the spring of 2004. The short answer is that in November, 2003, before that could take place, a grand jury subpoena for program records was issued.
“In mid-November 2003, the 2003 survey test results were tabulated and finalized. The MLBPA first received results on Tuesday, November 11. Those results were finalized on Thursday, November 13, and the players were advised by a memo dated Friday, November 14. Promptly thereafter, the first steps were taken to begin the process of destruction of the testing materials and records, as contemplated by the Basic Agreement. On November 19, however, we learned that the government had issued a subpoena. Upon learning this, we concluded, of course, that it would be improper to proceed with the destruction of the materials.
The fact that such a subpoena issued in November 2003 has been part of the public record for more than two years. See, U.S. v. CDT, 473 F3d at 920 (2006), and 513 F3d at 1090 (2008) (both opinions have now been vacated). Other subpoenas followed, including one for all test results.
“Over the next several months we attempted to negotiate a resolution of the matter with the United States Attorneys Office for the Northern District of California. During that time we pledged to the government attorneys that the materials would not be destroyed. When the government attorneys refused to withdraw its subpoena for all 2003 test results, we decided to ask a judge to determine to what the government was entitled. See, 473 F3d at 944, and 513 F3d at 1118. On the same day we were filing our papers with the court, the government attorneys obtained a search warrant and they began seizing materials the following day. Pursuant to that search warrant which named only 10 individuals, the government seized records for every baseball player tested under our program, in addition to many records related to testing in other sports, and even records for other (non-sport) business entities.
“Later in 2004 three federal district judges in three different judicial districts ruled that the government’s seizures were unconstitutional under the Fourth Amendment and ordered the government to return all the materials seized (except for those related to the 10 players listed in the original search warrant). The government appealed and the matter is still pending before the United States Court of Appeals for the Ninth Circuit. On December 18, 2008, the case was reargued before an en banc panel of Ninth Circuit judges.
“The second question that has been raised in recent days is whether Gene Orza or any other MLBPA official was engaged in improper “tipping” of players about 2004 tests. As we have said before, there was no improper tipping of players. Any allegations that Gene Orza or any other MLBPA official acted improperly are wrong.”
This whole thing just smells bad. From A-rod to Orza and everyone in between. It will never be agreed to but hows about 1 year suspensions w/o pay for cheats from here on out?
Pete,
Would you publish information that you knew was illegally obtained by a source?
Would you solicit, and actively pursue, information that you knew was illegally obtained by a source?
Would you be willing to be complicit in illegally obtaining information, from sealed court documents, that you wanted to use in a column or book?
bla, bla , bla
This is not about Selena Roberts. The second the tests were in the government’s hands, it became inevitable that Alex’s name was going to be leaked to the press. If Arod did not want to be exposed as a cheater he should not have cheated.
It’s official. I’m 100% bored with this topic. Time to focus on baseball.
Hey Tom why don’t you go root for a team that doesn’t have any players who used steroids?
Oh wait….
Good thing he didn’t rape a woman or kill dogs or have a picture of him smoking marijuana.
I don’t want to put Peter on the spot but Islesfan’s questions should be answered. I’m not attacking Selena Roberts just because she outed A-Rod, but the fact is she has a history of less than honorable reporting (Duke Lacrosse is one of those). And I also believe she obviously has an ax to grind with A-Rod.
so without getting into my thoughts or opinions on the whole arod thing.. i just have one comment
one thing that is irritating me is all the questions and comments about arod saying he doesnt know what he took…
listen.. its kind of obvious he knows what he took… but since taking those drugs at the time was against the federal law.. he could get in trouble for saying he took such and such.. better not to give specifics (ala giambi) on the actual drug.. so no federal prosecutor can come after him..
otherwise i dont think there is any legal recourse against him.. (he hasnt lied under oath, the evidence he took drugs was not suppose to released, etc.)
You mean the Feds could have leaked this information? I am shocked!!!
Ugh, I hate the government…
Hey Tom, take a constitutional law course at some point. This topic is a little deeper than cheaters cheating.
The feds have no business having those records in the first place.
Really, steroids in baseball is still interesting? This is the only article I’ve seen that gets it right:
http://jakerake.wordpress.com/.....-steroids/
Wow… This is straight out of criminal procedure class.
Selig, Fehr and Orza need to go.
Laura- I’m with you. I am sick and tired of this topic.
So pitchers and catchers report in 2 days. How about CC!! I can’t wait for the season to start.
Hey Phil, why don’t you get out of the classroom and deal with reality. Laws aren’t always best for the public good. Aroid broke the law by taking illegal drugs. He is in the wrong, even Aroid said it even though a leak occurred, so stop trying to execute the messenger, Selena. William Kunstler used the same tactics to protect violent killers from getting the death penalty because he found that a cop may have searched without a warrant, and in the heat of the chase forgotten to read Miranda laws. Yes technicalities help those protecting the guilty. Aroid is Guillllllty.
Eric,
Ya’ think? In any court other than the 9th Circuit the subpoena would never have gotten that far.
How could they possibly say the Gene Orza did not act improperly or wrong. Just the fact that A-Rod’s name was not kept confidential should prove that he and the union messed up big time and he should loose his job.
“Hey Tom, take a constitutional law course at some point. This topic is a little deeper than cheaters cheating.”
as far as watching baseball it is not deeper. A-Rod is a fraud.
Let Fehr and Orza know what you think:
feedback@mlbpa.org
Telephone:
(212) 826-0808
FAX:
(212) 752-4378
Bob,
Because Fehr has no soul and the Union is like the mob: they stand up for their own until they need to put concrete shoes on them.
What are the laws and punishments for steroid use in the USA? Get the facts here.
——————————————————————————–
By: Legal Muscle
The Anabolic Steroids Control Act of 1990 became law on November 29, 1990, when former President Bush signed the Omnibus Crime Control Bill. The law applies in every Federal court across the country. It places steroids in the same legal class – Schedule III — as barbiturates, LSD precursors, veterinary tranquilizers like ketamine and narcotic painkillers like Vicodin. Simple possession of any Schedule III substance is a federal offense punishable by up to one year in prison and/or a minimum fine of $1,000. Simple possession by a person with a previous conviction for certain offenses, including any drug or narcotic crimes, must get imprisonment of at least 15 days and up to two years, and a minimum fine of $2,500.
Individuals with two or more such previous convictions face imprisonment of not less than 90 days but not more than three years, and a minimum fine of $5,000, just for simply possessing. Selling steroids, or possessing them with intent to sell, is a federal felony. An individual who sells steroids, or possesses with intent to sell, is punishable by up to five years in prison (with at least two additional years of supervised release) and/or a $250,000 fine. An individual who commits such a violation after a prior conviction for a drug offense faces up to ten years imprisonment (with at least four additional years of special parole) and/or increased fines.
Question? Why didn’t the players union and MLB do a better job educating players, nutritionists, trainers, etc??
I do understand that Alex’s 4th amendment rights were violated, Phil. However, if Alex did not cheat he’s not on the list. What’s so hard to understand about that?
“Hey Tom, take a constitutional law course at some point. This topic is a little deeper than cheaters cheating.”
No it’s not. Alex is a cheat, period.
You can argue there are two different topics in play. The other being that at least four people improperly speaking on court sealed documentation. But constitutional law has nothing do Alex being a cheater. He was a cheater before Selena Roberts gathered her information and wrote her story. We just don’t like knowing it.
I don’t think going after the union is exactly the answer here. this whole story was intended to break up the union. one answer is to tell teh sports media that we are no longer interested in the steroids story and the silly confessions.
Cheating didn’t take away his 4th ammendmant rights. That’s the bigger issue.
Pokey, Isn’t it sad how a greedy union can completely screw up baseball? It’s terrible for the game.
“It’s official. I’m 100% bored with this topic. Time to focus on baseball.”
I have been so pumped about this upcoming season for so long… but first with the Torre thing and now this I am completely turned off. I haven’t watched any MLB tv or ESPN. I haven’t even seen the Gammons/Arod interview. I haven’t even bothered to read the comments on here. I’m really bummed about this.
I guess I need to see some spring training action to get the juices going.
It was transparently obvious that Rodriguez was evading questions, repeating former answers on a rote basis whenever he didn’t want to answer the question before him, and exhibiting all the common speech patterns and body language of someone who is backed into a corner but desperate to hide something.
I don’t know what he’s concealing, but we may as well be prepared for his next exposure as a liar.
This is depressing.
The organization will have to come out with some diplomatic statement but I imagine they are already mentally running through any possible scenarios in which they could find another home for him. It won’t be easy and maybe they won’t find a way. But that won’t be because they’re not looking.
Sleaze.
Ugh.
Fortunately we’ll have between-the-lines stuff to focus on very soon.
I am pretty sure that a person’s constitutional rights being violated is more important than someone cheating at a game (albeit a big money one), especially when the investigation that led to the violation is nothing more than a futile attempt to keep up the “war on drugs”.
On a different note, Rangers are overloaded with outfielders.
Both Cabrera and Gardner did not hit lefties last year. Anyone interested in righty Marlon Byrd, to platoon in CF, maybe traded for one of our excess relief pitchers? He’s a FA after this year. Of course, since he’s a Ranger, I want to know if he’s clean !!!!
Bonds sample initially came back negative in 2003 but was recently retested and came back positive. If the MLBPA loses their case, there are 525 negative samples still available that could be retested using current tests.
http://www.nydailynews.com/spo.....sting.html
I’m not interested in anymore former Rangers
Phil, Well, then Roberts should be forced by a judge to name her sources or go to jail-like the “Game of Shadows” authors were.
Tom,
and arod agrees, he says he has no hard feelings for the union for not etroying the tests, he said that if he didnt do it in the first place then he wouldnt be having this problem to begin with.
i forgive him, no ones perfect, even if we like to believe they are. hopefully he smashes the ball all over the field this year
Destroying the tests*
Bob,
I hate unions, but at least the MLBPA has helped stop a salary cap.
Joey,
I think his evasive answers were not intended to hide the truth but to keep from saying something that might make the feds want a “conversation” with him.
“It was transparently obvious that Rodriguez was evading questions, repeating former answers on a rote basis whenever he didn’t want to answer the question before him,”
And people say he’s nothing like Jeter.
“Cheating didn’t take away his 4th ammendmant rights.”
As a non-lawyer, I wonder how were his 4th amendment rights violated? Who violated them?
As do I, you gotta have faith. He’s a human being who used poor judgement and he realizes that. I’m sure he wishes he wasn’t caught, but, right or wrong, he was.
Rishi-
“I’m not interested in anymore former Rangers.”
Not even Josh Hamilton, admitted substance abuser??
Steve,
As an almost lawyer, the issue is that the feds are on a fishing expedition. Also, those records are supposed to be sealed, and the leaking of the information is a violation of a court order and his privacy rights.
Steve B-
Maybe this will help.
http://www.newsday.com/sports/.....924.column
Alright, Alright this is getting silly…
*Think about this*, if Alex plays until the contract is up the first year of HoF eligibility will be in the year *2023*
I would take Hamilton in a heartbeat, when is he a FA?
“It was transparently obvious that Rodriguez was evading questions, repeating former answers on a rote basis whenever he didn’t want to answer the question before him,”
At least he was looking at the camera and Gammons, and not looking down at a prewritten statement[by who knows], like Andy Pettitte did last year.
I, for one, love this topic. Can’t wait for others to be outed.
We have been ripped off by players and their enablers in management, union and the media. When do the fans get an apology?
As far as leaking info. it is the job of a free press ferret out things that the government wants to keep secret. We benefit when media do their job. They have been asleep for too long.
was just kidding, hence the
People who are ignoring the legal aspects of this matter are being particularly shortsighted. Yes, this is terrible. A hero that we touted as “clean” turned out to be a cheat. Arrrrrrrrg. But more important is the blatant disregard for the guaranteed rights of the 104 players involved. Yes, they are dirt bags and dishonest creeps. How would you feel if a job you interviewed for required you to take a drug test while assuring you of its utmost confidentiality, only to have the Feds come in with a search warrant for an interviewee contained in the docket next to yours? Oops, this guy did it too, might as well see if we can get him on this, too.
We have these (constitutional) provisions to protect rights that were believed to be essential to a free society when promulgated by the founders of our government. Today they act as a deterrent for overly zealous cops that tend to slip their toes over the boundary line outlining our rights. For an example, see the warrantless searches for “Haitians” in the country illegally on Long Island. Many of the homes that were burst into were of poor, innocent, impoverished people without the ability to take recourse. Baseball is important, and the users are a disgrace, but civil liberties are paramount.
mike, Illegal aliens have 4th amendment rights? Lol, that’s a good one.
“Simple possession of any Schedule III substance is a federal offense punishable by up to one year in prison and/or a minimum fine of $1,000. ”
Incidentally, amphetamines, aka greenies, are also Schedule III.
…
Funny, has anybody been punished for the greenies everywhere throughout baseball for the past few decades prior to the MLB ban a few years ago?
Mike, what about the fans who bought a product that was sold as legit and turned out to be bogus. Don’t they have rights?
What this has to do with Haitians on Long Island is beyond me.
What a bunch of BS legalese. I usually hate unions (including the two to which I belong). The MLBPA may have found that, for a time a rising tide does indeed lift all boats.
But eventually the tide will ebb.
What a bunch of losers, at every level. Everyone involved in this debacle should go… Selig, Fehr, Orza, AND EVERY PLAYER WHO’S TESTED POSITIVE, EVER.
Zero tolerance is the only way.
The “Haitians” turned out to be citizens. Motives for the searches were really drug enforcement.
The fans of course got screwed out of this whole era. We spent money going to games, devoted time to false numbers. We know Alex cheated, but this MLBPA statement goes more toward a government agency knowingly violating Search and Seizure protections.
There is plenty of case law to show the Bureau the way to handle this situation, as well as what is off limits to them. Warrants only issued for 10 players. There, thus far, is no evidence of a stay of judgment enforcement (return the information of all players not named on the warrant). Why wasn’t this information returned. You need to vent steroid focused frustration [which is completely justified] in threads devoted to “A-Rod and everyone else are lying cheats.” This about the MLBPA and how individual rights were violated by the investigators. The information would eventually come out through legal channels, but having it come out this way sets a terrible precedent.
MLBPA: “… there was no improper tipping of players.”
The key word here is “improper”. Either Orza tipped or didn’t tip players of drug tests. To suggest that such tipping can be anything but “improper” is the pinnacle of hubris.
It truly is time for Fehr and his fellow clown Orza to step down. They have done more damage to the Players Association than the outing of Bonds, Clemens, McGuire and A-Rod combined.