Secret 2003 drug test, secret no more?

[Gurgi]

http://www.breitbart.com/article.php?id=080518221127.ptboiop9&show_article=1

And the beat goes on.

I kinda dont like the idea of players getting outted on what was supposed to be secret. However they gave the players a months to get clean before the test but the greed and pressure for the contracts drove many guys just ot ignore it.

104 guys out of how many? 720? Whatever it is that is like 12-15% of the players. And that is just who they caught. I guess it is logical to assume nearly half of the players cheated.

[giantfan]

It was going to be released eventually, im sure every player on that list will cooperate to keep their names out the papers. Just imagine how many guys were actually roiding and these were the guys who got caught after being warned 6 months ahead.

[SVOF]

I wonder if Palmeiro was one of the 104. If so, he could be prosecuted for perjury.

[Mackus]

There is no way these names should be released. Its a joke, really. You can't negotiate a testing policy and say its going to be private and then say, oh well, screw you guys, we're making it public.

[66-70-83-??]

There is no way these names should be released. Its a joke, really. You can't negotiate a testing policy and say its going to be private and then say, oh well, screw you guys, we're making it public.

You reap what you sow. MLB/MLBPA is going to learn that. There is no free lunch.

These guys were warned and had plenty of time to get clean (ie cut out their illegal activity- which obtaining and using these drugs is) but they believed they were above it all. They are not "average Joes"- they are MAJOR LEAGUE STARS! "Normal" rules don't apply to them. They are "special" - or so they thought.

MLB/MLBPA don't get to set rules that trump the Federal authorities.

Just because MLB and MLBPA made a "deal" together doesn't mean the Feds will (or even should) honor it when it comes to illegal activity.

[Mackus]

You reap what you sow. MLB/MLBPA is going to learn that. There is no free lunch.

These guys were warned and had plenty of time to get clean (ie cut out their illegal activity- which obtaining and using these drugs is) but they believed they were above it all. They are "average Joes"- they are MAJOR LEAGUE STARS! "Normal" rules don't apply to them. They are "special".

MLB/MLBPA don't get to set rules that trump the Federal authorities.

Just because MLB/MLBPA made a "deal" doesn't mean the Feds will (or even should) honor it when it comes to illegal activity.

There is no way any players who fail this test can face any sort of legal ramification. That entrapment to a T. That'd be like if your employer handed over results of company drug tests to the authorities. Actually, it exactly is that.

People are letting their desire to "clean up" the game get in the way of these players rights to privacy, especially in a situation where they were guaranteed privacy. I'd love to know who failed the tests and who didn't, but it simply shouldn't happen, because its not fair to the players who were promised secrecy over the results. MLB can't change the rules of a deal they agreed to retroactively.

[66-70-83-??]

There is no way any players who fail this test can face any sort of legal ramification. That entrapment to a T. That'd be like if your employer handed over results of company drug tests to the authorities. Actually, it exactly is that.

People are letting their desire to "clean up" the game get in the way of these players rights to privacy, especially in a situation where they were guaranteed privacy. I'd love to know who failed the tests and who didn't, but it simply shouldn't happen, because its not fair to the players who were promised secrecy over the results. MLB can't change the rules of a deal they agreed to retroactively.

I understand what you are saying, but you are missing my point.

MLB and MLBPA can make deals all day long- just like you and I can, but the FEDS have NO obligation to honor them when it comes to doing their investigations. MLB/MLBPA doesnt have the authority to "guarantee" privacy when it comes to illegal activity.

MLB/MLBPA is not "handing over" anything. The FEDS used subpoenas and search warrants.

Knowing WHO failed the tests is very fair to the clean players.

Why should the rights to privacy of the guilty be more important than the reputations of the innocent ?

[aggro5288]

I understand what you are saying, but you are missing my point.

MLB and MLBPA can make deals all day long- just like you and I can, but the FEDS have NO obligation to honor them when it comes to doing their investigations. MLB/MLBPA doesnt have the authority to "guarantee" privacy when it comes to illegal activity.

MLB/MLBPA is not "handing over" anything. The FEDS used subpoenas and search warrants.

Knowing WHO failed the tests is very fair to the clean players.

Why should the rights to privacy of the guilty be more important than the reputations of the innocent ?

I agree 100% with Mackus. These players were GUARANTEED secrecy as part of the deal to do the drug tests in the first place. Of course I'd like to know who failed the tests, but just because they are Major League Players doesn't mean we can do whatever we want to them - the rights to privacy of the guilty is 100% more important than the reputations of the innocent, imo, because that was the DEAL in the first place.

[Mackus]

I understand what you are saying, but you are missing my point.

MLB and MLBPA can make deals all day long- just like you and I can, but the FEDS have NO obligation to honor them when it comes to doing their investigations. MLB/MLBPA doesnt have the authority to "guarantee" privacy when it comes to illegal activity.

MLB/MLBPA is not "handing over" anything. The FEDS used subpoenas and search warrants.

Knowing WHO failed the tests is very fair to the clean players.

Why should the rights to privacy of the guilty be more important than the reputations of the innocent ?

But what can the Feds do with this information other than just sully the reputations of these guys? They very clearly can't prosecute them for failing a drug test. That isn't a crime.

[davearm]

There is no way these names should be released. Its a joke, really. You can't negotiate a testing policy and say its going to be private and then say, oh well, screw you guys, we're making it public.

I think you're not seeing this clearly here, Mack.

Nobody in baseball wants this stuff released. Obviously not the union, and not the ownership/management either. Selig and co. would much rather this all go away than creep back into the news yet again.

But they have no choice but to comply if the Feds come knocking with valid subpoenas.

The agreement doesn't obligate anyone to face contempt of court charges and go to jail to keep the information secret. That in and of itself would make the agreement itself illegal... you can't have an agreement that mandates illegal behaviour.

[davearm]

But what can the Feds do with this information other than just sully the reputations of these guys? They very clearly can't prosecute them for failing a drug test. That isn't a crime.

The Feds want to nail the suppliers, who very clearly are committing crimes.

[DrungoHazewood]

Why should the rights to privacy of the guilty be more important than the reputations of the innocent ?

Because everyone is innocent until proven guilty. One failed drug test doesn't make anyone guilty of anything.

All this list will do is further divide up players into people we "know" are innocent or guilty. Even though, in fact, we'll know no such thing. All we'll have is a snapshot of one moment in time, with a test results of indeterminate accuracy. And that will be more than enough to destroy reputations, keep people out of the Hall, etc., etc.

[66-70-83-??]

Because everyone is innocent until proven guilty. One failed drug test doesn't make anyone guilty of anything.

All this list will do is further divide up players into people we "know" are innocent or guilty. Even though, in fact, we'll know no such thing. All we'll have is a snapshot of one moment in time, with a test results of indeterminate accuracy. And that will be more than enough to destroy reputations, keep people out of the Hall, etc., etc.

First of all, any lab testing for drugs usually has safeguards in the *system* to avoid false positives. Plus- these tests were a set-up. MLB/MLBPA didn't want players to fail, surely not more than 5%. They were given 6 months notice. If less than 5% failed- they could have said "see, no problems in baseball" and put their heads back in the sand.

How many drug tests does one have to fail before you are satisfied that they are guilty of using?

So, because we can't know for sure every single player that is guilty- we should dismiss all the evidence and the ones we know are guilty?

That makes no sense.

[bird watcher]

The bottom line=

Baseball could have avoided all of this if they had wanted. All they had to do was implement a strict steroid policy. If the players union had threatened to strike, the MLB could have gone public with their beliefs about steroids in the game. The players wouldn't have had a leg to stand on.

MLB and the Players union were partners in this crime as far as I am concerned. That is why congress is involved.

The best thing now would be to implement mandatory random frequent testing of entire teams all on the same day. Be relentless about it and it will stop/slowdown bigtime.

[davearm]

The bottom line=

Baseball could have avoided all of this if they had wanted. All they had to do was implement a strict steroid policy. If the players union had threatened to strike, the MLB could have gone public with their beliefs about steroids in the game. The players wouldn't have had a leg to stand on.

MLB and the Players union were partners in this crime as far as I am concerned. That is why congress is involved.

The best thing now would be to implement mandatory random frequent testing of entire teams all on the same day. Be relentless about it and it will stop/slowdown bigtime.

Management can't just one day decide to make unilateral changes to collectively-bargained policies without the agreement of the union.

Baseball would've gotten their asses completely kicked in court by the MLBPA (again) if they had taken this approach.