Aug 20, 2013|
Our legal expert Michael McCann joined the show to discuss his column regarding the defense planned by Alex Rodriguez.
Transcript - will not be 100% accurate
-- -- Dennis and Callahan we are nothing if not prompt I told a giveaway of Red Sox tickets as soon as we could in the 7 o'clock hour and that we will do now -- the code word bank BJ and K. The 37937. With in the next ten minutes. With a pair of tickets for the Deutsche Bank championship this Arctic should come August 28 through September 2 at the TPC Boston. More information at the beat championship dot com tactical word bank BNK 37937. Right now. I watch and try to understand that digest all the legal issues that A-Rod Major League Baseball Randy Levine. Everybody. Seem to be -- account right now. Idea stumbled upon some -- out actually the expertise of our brand SI dot com legal expert. Michael can't figure it took away the layers of the onion to understand what -- rod and his attorneys are trying to accomplish. Michael future go to guy he joins us on the AT&T hotline. AT&T of the nation's fastest and now most reliable -- LT TE network is there a method to A-Rod madness Michael. What I think there is a method in the sense that he's going on the attack that. Instead of letting baseball dictate the terms of his suspension at least as he sees it. He wants to go after basically want to go after the Yankees and he's going to come up with different strategies to make this situation seem much more ballot. Others making mistakes whether it's Randy Levine allegedly telling Rodriguez's insurgents to intentionally botched a surgery was kind of a crazy. Allegation that. He's putting to step out there I think to say this isn't really about him that this is a larger problem in baseball with the Yankees. And therefore others deserve blame as well I don't think it's a strategy that's gonna work but I I see the logic behind it. So it seems like having read your voluminous piece which is complete and and completely explanatory this is beyond him trying to muddy the waters this is actually shell game. Look over here don't look at my PED's. Look Randy did what Major League Baseball it is out about it. Yeah and I think he's -- -- -- I have a lot of negative information about other people connected to this story whether it's Randy Levine whether it's Brian Cashman. Whether it's possibly based policy issue for officials and I think. He want to say look I will go to court and I all through the discovery process have documents revealed. That -- a lot of people you embarrassed me I know embarrass you further maybe I'll go down and and be suspended 211 games. But I mean I think other people down with me. You know -- seems so silly. Mike that the the yankees would have the surgeon watched the surgery. Could be true I mean it sounds so outrageous couldn't possibly be true. I can't see it -- I really just if you crystal ball. Let's say the Yankees made that request there's no way the position would go along with it's a crazy thought and why would the Yankees can -- that they're setting themselves up. For. Possibly committing more than just. Conduct that goes against baseball rules but it goes against the law. And it can desecrate the idea indeed Joseph tackle -- are Rodriguez's new lawyer claims via -- winning itself I don't see these. Well he said he had the MRI that showed that -- labor room and the Yankees never told. A rug and ignored and had to call him play with a hole in his hip so that he could to embarrass himself and maybe they could collect insurance we couldn't. It of the injury ended his career that could collect the insurance did you see beat -- did the stunt on The Today Show where Matt Lauer -- tackle beanie and would you think of it -- Yeah I think the fact of the permission came overnight have a Cabela's. Good choice of words about it Matt Lauer that there is no way of communicating this to -- -- you know prior to the universe I mean obviously they could have done so they let them up. And -- don't want probably have to figure the lawyer going on that show you have to be prepared for something like that and you have to be ready if you're if you're claiming that. You you'll. Allow the disclosure of information of baseball just simply says yes you better be prepared reports on some level I think he was caught off guard -- And -- -- -- is gotcha journalism but on the other hand don't set yourself up for a. -- who's gonna ever -- no lawyer would oversee -- -- got -- let me just sign that we can go from go from there. You know in a five minute segment whatever it was 34 minutes segment. If -- regulate because it is quiet really have to by the adapt when he doesn't have permission. At that very moment to sign it unless he is consulting with our -- which is impractical that very moment. Biggest possible and realistic that Ryan Ron Mercer Velika actually to erode. Yeah I do think it's possible Kirk guys because. You know if you ride leaked information about them. And he essentially created this story against them. And if the information and anyway untrue they can argue that there's defamation that Rodriguez. Defame them and they can also argue that he went again I'd I think the better claim would be that he went against his duties as a member of the players association. That it is the duty of loyalty to other players their fiduciary duties that you have as a member of the union. If you're obtaining information against other players and then leaking it to the media. Arguably he he could have his membership removed as a member of the union -- and may not care at this point. But I'd -- if there is some truth -- this story that he was. The origin of information being cared about these players. It would at the very least paint him as. -- disloyal members the union. We're talking real Michael McCann Sports Illustrated dot -- a legal expert Michael it as you -- he's trying to referring to -- as he goes on with the attack make this be perceived more as a yankees scandal -- baseball scandal as and less as an eight rod scandal. Out what is the ultimate downside worst case scenario would Major League Baseball civil that's what. We're going to accelerate our our activities as well exposed everything we know and have one you. Yeah if they conceded they could they can review all Laporte but now they've rebuilt a lot of the leaking -- -- sort of the baseball. It at least a ton of information. Natalie I don't know whether or any other source of the information that is a baseball. So they've already done quite a bit and they can take it ratchet that up or who knows maybe they can say you know what. We've decided 211 games -- -- went -- -- issue -- lifetime suspension and that you have taken it out what the comments -- made about baseball officials. That you made outrageous claims about. Members of your own team and outrageous claims about baseball itself. It -- 211 games we're gonna increase it to something higher maybe a lifetime who knows they could. They could argue that came out deserves a higher suspension because of its conduct in the last week although in fairness to Rodriguez his lawyers have done and not technically -- Right Michael everybody was watching this passion play unfold. Believes that Major League Baseball has gone rogue here are gone gone black -- are releasing this kind of information what does -- tell you because they not done this in the past what does -- tell you that Major League Baseball is about the business of making sure outside the lines and ESPN and anybody else the can help them Matt -- for example is going to get some information to help them. Attacking Iraq. I think this reflects a change in how baseball looks at the drug issue that for years. The focus was getting players to test positive and then baseball realize we -- just not gonna succeed at that because there's so many ways of creating a positive test. In the market doesn't catch up with the regulation. And as a result we have to take some other strategies so -- got in the news deviated joint drug testing agreement. Which provides language on. Punishing people for being connected to the sale or distribution is that steroids which is different than. As a testing positive. And I think they've taken that -- say it's more than just being connected. We're gonna create the connection through the media that we're gonna -- -- to paint a picture which clearly shows the connection between players and being involved with TDs. Even if they didn't technically test positive so it's a new strategy it's working and also was reflected in the Biogen as a possible. Where they took a lawsuit that many commentators dismissed as frivolous. But it ended up working because the members of the defendants in the by Genesis and including Tony bosh said we don't wanna be parties to the -- rather just hand over information and that's what happened. And they out but they also has the part of -- there's potential criminal conduct by players or connect the steroids that if they start revealing information that shows players. Talks took steroids and TDs across state lines in theory that players could face criminal charges of baseball. Hesitate to radically different approach a much more aggressive. Approach that I think has so far work. While I was gonna that was going to be my next question Mike when does the -- get involved here is that is there a tipping point where you seat criminal charges against. -- say Rodriguez for instance because. In the big charge that Major League Baseball has made against them all. Could when they get to the hearing is that he destroyed evidence and obstructed justice but it didn't technically obstruct justice to these this is not a criminal case yet. It's got a criminal case yet but. It could become a criminal case and keep prevented me if you destroy the evidence that would give Verizon charges. In theory that could be obstruction of justice and it also it -- CPP took drugs and cross state want to go to against the controlled substances act. We can't carry. Substances across state lines. It becomes a federal offense so I don't think it's gonna happen but I think baseball knows and in the end in the back of a rod might he has to though. There's the possibility. That federal investigators and so would love to charge him with describing what a message that was sent. To not use steroids if you charge someone with a crime. That there's some. Issues in terms of practicality because we don't know when this conduct occurred. The statute of limitations by -- -- we don't know how that the evidence is but baseball has the ability to say look we're this year everything dot. With the public but with prosecutors with investigators and then you can get in real trouble. Michael McCann is if if -- A-Rod attorney are you telling him that the biggest bullet in his gun is the collusion charge. I think I think the collusion charge is it is -- I don't think it's gonna prevail but I think there's something there where he could say. Baseball the Yankees and their officials. Have gotten together to undermine my right to play baseball and Major League Baseball has a monopoly over the sport of baseball. And therefore it's an antitrust violations -- -- -- does have an antitrust exemption but it doesn't apply to current Major League players over labor relations issues. So there's this there's that there's a possibility at least in theory that Rodriguez could bring an antitrust suit it would not be barred by the antitrust exemption. I think it is threatening to baseball but it but baseball also -- that antitrust litigation typically takes years to play out. That there's no way around it's gonna wait for that to play out that that this issue will likely be resolved before that in my mind -- best argument. Really is to stick arbitration is that in that they look. Ended itself -- what was the arbitrator you know. 211 games where you getting that from yeah there's nothing -- CPA that the image joint drug testing agreement that they've come up with that -- I could see the suspension being reduced from 211 to 100 and I think that era best player rather than filing a lawsuit but is it seems as if he's taken this tragedy is gonna go all out. So given yesterday's news they found the gun for the 2012 murder of Iraq. Committed to -- -- I -- -- I don't accept that guy who got killed at. The same kind -- just somebody they have if you if if Hernandez and in fact charged with this. Is it gonna work that they have the first murder trial and then the second murder trial is to be going on I think he's trouble that eagle on the same exact time. I did it estimates that purport to be right after the other how likely that they would be there would be separate trials on what prosecutors agree otherwise because the so these murders if he starts with the would have occurred. In separate counties you have the two Boston murders and of course give them Lloyd. Killed in a separate county so there would be separate murder trials. And they would likely be connected I'm guessing because the murderer -- the thinking is that that would have been done to cover up the first two murders. -- those put it this -- he he's been a disaster he's in a lot of trouble. And even if he's in charge of these two other murders and I think Hernandez is and it isn't it's certainly makes Iraq look like he's been pretty good shape. Yeah but it -- if they can demand is on the -- deal what would be the point of a second trial other than justice for the victims. Families. I think it's partly that but that -- -- prosecutors want complete the process and that even though he would be going to prison for life. That there are still a crime that's committed them and justice should be served. Tie up loose ends with A-Rod at at the end of the day even all the stuff that he's thrown against the wall. We can't lose sight -- I don't think anybody able side of the fact that. He is up to his -- in PED's how does anything and everything that he's doing now change any of that Michael. Doesn't it doesn't his legacy is that John I think you'll be connected to TDs no matter what happens here I suppose if he's somehow able to get the suspension reduced from. 211 to some lower amount no claim victory put his legacy is tarnished and I don't see anyway that being changed. Is Mike McCann founding director of the sports and entertainment longitude at university of new mantra school outlaw an SI dot com's legal expert always informative always a pleasure to talk -- likable pocket on the road. Michael McCann with Dennis and Callahan on the AT&T AT&T is the nation's fastest and now the most reliable four GL TE network and you also forgot. They found scale. In -- and and his safe that indicated he might zones and we. Always make him a roster. I was -- Szymanczyk a project potluck you can smoke -- -- we whatever and we school now but murder. Still frowned upon that we didn't even mention. The Aaron Hernandez developments from yesterday up until -- just brought up like 7:15 this morning -- -- -- because it's dozens of access. That the that the gun was found that connects Hernandez to the murder of the two guys -- how was found again it was explains to things you know promote. It's part of our boat and -- we thought yeah. And it explains why he felt so empowered. -- you still got away with murder before -- had gotten away with treatment and face in the winter he just thought he could. Do it again many in the that's probably in a typical criminal matter and behavior. When you say in I was gonna rat me out -- -- witnesses is my buddies in in on for the gonna brilliant or somewhere and I'm cool good. I shouldn't -- on the spot without -- asking you this question be used it as the number and -- a moment screw him I'm not gonna -- we gonna talk all about the -- -- but you have on a number of occasions said you know what's really bad for an athlete you don't like when it goes so bad start to feel sorry for -- examples of those haven't reached that point there and -- -- often I would. A post and pressing up against. A-Rod certainly not the case. It's never talked about yesterday at some point for me. Personally with tiger got to be able to there was enough adults are like that some guys around me were guys writing about it you knew scorer -- -- -- -- it Cheatham is waiting Bobby -- was close -- point last year he was such a shovel disconnected. Tortured soul. You think it has reached that point no no I was going to ask you as we go to the break -- things -- based on the information. We have found out. Problem to get his name right doctor Stephen -- Odom the trauma surgeon at Beth Israel deaconess medical hospital. Somebody -- -- -- maybe so I was sick this morning we've done enough seniors stuff in there and Hernandez Iran we might have some laughs laughs need to have some laughs and he's got a port at the expense of ships -- when we come back.