Per ESPN: Braun Tests Positive, May Face 50 Game Suspension (Part 2)

[clancyphile]

Assuming Braun is taking a legitimate medication to treat a legitimate medical condition and he gets suspended anyway, there will be (or at least there should be) a whole lot of questions asked of a whole lot of people on both sides of the issue.

 

TH's latest column implies that MLB is saying that if the facts are as assumed, the adverse analytical finding is still Braun's fault that he didn't clear things with the Brewers. If the only document in play in this regard is the Joint Drug Agreement, and there isn't some other document that further clarifies the process, I see no requirement on Braun's part that he clear things with the team in terms of receiving personal medical treatments. Provided he did his due diligence regarding the taking the medication without applying for a TUE but received bad advice from otherwise competent people who anyone would rely on, MLB might be opening its own can of worms in terms of how the union will approach the process in the future. The union, if it still has any backbone, would certainly have interests at stake here, but the whole issue of drugs and drug testing has them cowed a bit. Sooner or later the union will have to take a stand on one of these cases, just to show they haven't completely abdicated their responsibility to provide at least some protection to the players with respect to this process.

 

I expect he'll be suspended, because that how these things always work out, but if the facts are really as strong as the Braun camp is making them out to be, they need to push hard afterwards to look at all their options moving forward, including finding ways to shed light on the entire process. If they're going to lose the fight, they may as well do their best to control the story after the fight is over, while keeping their options open to continue the fight in different venues. From my reading of the JDA, the confidentiality provisions regarding Braun's case imposed by the JDA will end when the case is resolved. It could be very interesting to see what might come out after the decision if either party is dissatisfied with the result.

MLB already has egg on its face: The improper disclosure of the initial results prior to completion of the process. To wit, someone already violated the JDA.

 

If the facts are as strong as Braun's people say they are, MLB may decide to lessen the suspension or even waive it, just to keep the union from demanding the issue be reopened in the next CBA.

[fondybrewfan]

I am pretty sure they can't just arbitrarily lower the length of the suspension. It is either 50 games or nothing.

 

I am still going to be very suprised if he doesn't get suspended; there would have to be a major piece of information that we don't know to allow the positive test to get overturned. Based on everything I have heard regarding the drug policy; it sure seems to be ironclad

 

Hopefully we can find out in the next couple of weeks and just move on.

[JohnBriggs12]

MLB hasn't suspended him. There is nothing to overturn. His hearing is part of the process that determines whether or not he will be suspended. I can't believe the lax reporting on this.

Completely incorrect. Braun failed his drug test, he was going to be suspended for 50 games but chose to appeal the suspension - had Braun not appealed, it likely would be public knowledge by this point.

MLB never announced a suspension. It was leaked that Braun failed the test and that he's subject to a suspension but it was never handed down officially and hence this is not an appeal of a the suspension. All players failing tests have as part of the process the right to a hearing, similar to defendants in criminal cases being able to present a defense before the verdict and sentencing. It's being reported as if a guy were on trial was found guilty before the defense has presented it's case.

[Flood Pants]

I am pretty sure they can't just arbitrarily lower the length of the suspension. It is either 50 games or nothing.

I bet the commissioner can do whatever he wants as long as it's not challenged by the owners or the players union. And I can't imagine either of those groups would like to see the reining MVP suspended.

[Roderick]

I am pretty sure they can't just arbitrarily lower the length of the suspension. It is either 50 games or nothing.

I bet the commissioner can do whatever he wants as long as it's not challenged by the owners or the players union. And I can't imagine either of those groups would like to see the reining MVP suspended.

I would assume that most if not all of the teams in the NL would like to see Braun suspended for 50 games. Most teams think they can make the playoffs (division/wild card) before the seasons starts, and it sure would be easier if the Brewers were not as strong.

[Invader3K]

The problem with Selig directly intervening is that we'll get the usual chorus of people accusing the commissioner of favoring Milwaukee.

[CheezWizHed]

Isn't there a 25 game ban for "banned substances" rather than the 50 game for PEDs? Generally that means recreational drugs, but perhaps in this case, they can use that due to the nature of what Braun actually took (since it wasn't really a PED either).

[narwhalattack]

At least if it's medicine related(and Braun forgot to seek approval from MLB), he can be criticized more for stupidity than for cheating.

[Schlitz001]

At least if it's medicine related(and Braun forgot to seek approval from MLB), he can be criticized more for stupidity than for cheating.

Ryan Braun is a smart guy. If he claims that he was taking a medication and forgot to get approval, I will have a hard time believing him. Steroid use destroys a ballplayers reputation and chances of getting into the Hall of Fame. Someone of Ryan Braun's caliber should be taking every step possible to preventing a positive test.

I hope this story updates soon so all the speculation and rumor can stop

 

[narwhalattack]

At least if it's medicine related(and Braun forgot to seek approval from MLB), he can be criticized more for stupidity than for cheating.

Ryan Braun is a smart guy. If he claims that he was taking a medication and forgot to get approval, I will have a hard time believing him. Steroid use destroys a ballplayers reputation and chances of getting into the Hall of Fame. Someone of Ryan Braun's caliber should be taking every step possible to preventing a positive test.

I hope this story updates soon so all the speculation and rumor can stop

 

Well if it's not a PED, he can't necessarily be labeled as a cheater. Of course you are right in being skeptical, though, but aren't some ingredients in medicine a little bit inconspicuous? I don't think it's blatantly obvious.

[Schlitz001]

Why would Braun be taking a medication without informing MLB or the Brewers training staff if there was even a remote possiblity that it may trigger a positive test? Every prescription or OTC medication sold in the United States must past rigorous random FDA testing to verify that the average tablet/capsule/whatever has a certain percentage of active ingredient/filler/etc. Even most herbal supplements now undergo random quality checks as well by organizations such as USP. There are no secret ingredients in medication.

 

And you're right, if Braun has tested positive for something like marijuana, I would not label him as a cheater and I don't think anyone in baseball would either. But if he tested positive for synthetic testosterone, it's going to be extremely difficult to convince people he wasn't cheating.

[TheCrew]

MLB never announced a suspension. It was leaked that Braun failed the test and that he's subject to a suspension but it was never handed down officially and hence this is not an appeal of a the suspension. All players failing tests have as part of the process the right to a hearing, similar to defendants in criminal cases being able to present a defense before the verdict and sentencing. It's being reported as if a guy were on trial was found guilty before the defense has presented it's case.

MLB never announced because Braun appealed - had he not, they would have announced it by now. This is not a criminal case and should not be compared to one at all. Braun failed his test - that's when the guilty verdict came in if you really want to compare this to a criminal court case. When he was informed he failed and was going to be suspended under MLB's drug policy, he chose to appeal - an appeal is when a verdict is challenged.

 

As for his defense, we have no idea what it is because Braun isn't talking - FWIW I'm not a fan of this either although I do understand it from a legal standpoint.

 

People on here really need to face facts and stop treating Braun like a victim - I hope to heck his story holds up, but I have major doubts in large part because the testosterone was synthetic.

[brwrsfan]

MLB never announced a suspension. It was leaked that Braun failed the test and that he's subject to a suspension but it was never handed down officially and hence this is not an appeal of a the suspension. All players failing tests have as part of the process the right to a hearing, similar to defendants in criminal cases being able to present a defense before the verdict and sentencing. It's being reported as if a guy were on trial was found guilty before the defense has presented it's case.

MLB never announced because Braun appealed - had he not, they would have announced it by now. This is not a criminal case and should not be compared to one at all. Braun failed his test - that's when the guilty verdict came in if you really want to compare this to a criminal court case. When he was informed he failed and was going to be suspended under MLB's drug policy, he chose to appeal - an appeal is when a verdict is challenged.

 

As for his defense, we have no idea what it is because Braun isn't talking - FWIW I'm not a fan of this either although I do understand it from a legal standpoint.

 

People on here really need to face facts and stop treating Braun like a victim - I hope to heck his story holds up, but I have major doubts in large part because the testosterone was synthetic.

 

He's a victim IF he wins his appeal. If he wins the appeal, NONE of this should have ever been public knowledge. Now, even if he wins, a lot of people will fully view him as a cheater. He's also being dragged through the mud but can't defend himself in public due to the appeals process pending.

[jazzytrav]

Why would Braun be taking a medication without informing MLB or the Brewers training staff if there was even a remote possiblity that it may trigger a positive test?

Maybe because it was something embarrassing and he didn't trust MLB to keep it confidential. Considering it somehow leaked that he had a positive test, I would say that fear is justified. That doesn't necessarily absolve him, but it's at least justified.

[fondybrewfan]

Why would Braun be taking a medication without informing MLB or the Brewers training staff if there was even a remote possiblity that it may trigger a positive test?

Maybe because it was something embarrassing and he didn't trust MLB to keep it confidential. Considering it somehow leaked that he had a positive test, I would say that fear is justified. That doesn't necessarily absolve him, but it's at least justified.

I think it is probably a safe assumption that there are a fair number of palyers that take a medication for some sort of embarrasing condition and we have not heard a peep. A leak about a failed drug test is a little different than a leak about a medication a player is taking.

 

I just don't see Braun as much of a victim here as others. Yes he got screwed over that this got leaked but the end result is probably going to be the same. As a Brewer fan I hope he somehow wins but I'll believe that win I see it; there hasn't been much positive news on that front lately

 

 

[jeffy]

He's also being dragged through the mud but can't defend himself in public due to the appeals process pending.

 

This is simply not true, it is choice he has made. While he may have good or at least strategic reasons for not speaking, there is nothing preventing him from saying, for example "I was taking X because _____ and this is what cause the test results".

 

 

The best thing he can do is come out, admit to everything and be completely honest. The situation will die a lot faster if he tells the whole truth.

[TheCrew]

Maybe because it was something embarrassing and he didn't trust MLB to keep it confidential. Considering it somehow leaked that he had a positive test, I would say that fear is justified. That doesn't necessarily absolve him, but it's at least justified.

Considering MLB deals with thousands of tests and there has yet to be a leak prior to the Braun case - I'm not convinced the leak is from MLB.

[TheCrew]

This is simply not true, it is choice he has made. While he may have good or at least strategic reasons for not speaking, there is nothing preventing him from saying, for example "I was taking X because _____ and this is what cause the test results".

 

The best thing he can do is come out, admit to everything and be completely honest. The situation will die a lot faster if he tells the whole truth.

Exactly, this isn't a high profile murder case that a judge issued a gag order on - the ONLY reason Braun isn't talking is that he doesn't want to tip off MLB attorneys off and let them know his defense in advance. Which, imo, if your as clean as you say you are....... you wouldn't be worried about that.

[burnzy24]

Considering MLB deals with thousands of tests and there has yet to be a leak prior to the Braun case - I'm not convinced the leak is from MLB.

What does the fact that MLB has given thousands of tests with no leak prove? No one cares when a player doesn't fail a test. How many of those thousands of tests have come up poisitive since it has been implemented? Less than a dozen? Most of those weren't big names either to make it even worth while to leak it. The testing finally netted a big fish and someone decided to leak it during the appeal because it was a juicy story and that person probably made some money off of it.

[brwrsfan]

He's also being dragged through the mud but can't defend himself in public due to the appeals process pending.

 

This is simply not true, it is choice he has made. While he may have good or at least strategic reasons for not speaking, there is nothing preventing him from saying, for example "I was taking X because _____ and this is what cause the test results".

 

 

The best thing he can do is come out, admit to everything and be completely honest. The situation will die a lot faster if he tells the whole truth.

Sure, he COULD say something, but as you've pointed out, he would be incredibly dumb to do so. Why give the MLB attorneys that much more time to prepare for his defense? Asking him to come out and tell his story now is just not a realistic thing.

 

[RockCoCougars]

The only thing that Braun has gone on record as saying is 'it's B.S'. He's probably telling the truth either way. Either it is 'B.S.'.... or maybe he's referring to a Boatload of Steroids.

[narwhalattack]

Even though i cant accurately dispute the legitimacy of the test, i dont think that the increased testosterone helped Braun much. He had taken tests in the regular season and came clean, so i doubt he's been taking any sythetic testosterone in the regular season. As for during the postseason, if he did have an advantage with the testosterone, he would have shown more power. But he only hit 2 home runs.

[TheCrew]

What does the fact that MLB has given thousands of tests with no leak prove? No one cares when a player doesn't fail a test. How many of those thousands of tests have come up poisitive since it has been implemented? Less than a dozen? Most of those weren't big names either to make it even worth while to leak it. The testing finally netted a big fish and someone decided to leak it during the appeal because it was a juicy story and that person probably made some money off of it.

It proves they go through their due process and do not leak info whether it's positive or not. Manny Ramirez is a far bigger name nationally than Braun and he had 2 failed tests - neither of which were leaked, to my knowledge, ahead of time.

[endaround]

They leak all the time. Its not like the Braun situation because it tends to leak a day or two before an official announcement. And even then there are more leaks because you are not supposed to know what the test actually was for.

[burnzy24]

It proves they go through their due process and do not leak info whether it's positive or not.

MLB is horrible at leaking names. Look at the 2003 initial survey of steroid testing before the new drug testing program where A-Rod name was leaked, and this was testing that didn't even result in suspensions and was supposed to be kept sealed. Do you think A-Rod's people leaked this info out too?