A Second Chance, and "the List"

We're still here. A second chance. And this time we take it seriously.

A "source with knowledge" has stated that David Ortiz and Manny Ramirez were on baseball's infamous "List" of 104 players who tested positive for PEDs in 2003. Or is it 96? Suddenly, we don't know. MLB says 104. The MLBPA says 96, 13 of which were contested. Which is the real number? And are the latest 3 outed players actually guilty of anything?

We know that Alex Rodriguez did in fact take PEDs. We know this because he admitted to it. We know that Manny Ramirez took something. He tested positive this year for a substance linked to steroid use and served his suspension with no opposition. But we don't know that he tested positive for anything in 2003. In fact, we don't know that Sammy Sosa or David Ortiz tested positive either. It's reasonable to believe they did. Sosa issued no comment after being outed. Manny did something this year. Ortiz turned into a power hitter in 2003. The circumstantial evidence is there.

But we don't know for sure. We haven't seen the list. Supposedly, the MLBPA hasn't seen the list. David Ortiz says he didn't do anything wrong. He claims he took a number of perfectly legal, over-the-counter supplements and vitamins. But no steroids. Bronson Arroyo echoes a claim that he took Andro, which was allowed under MLB rules until 2004, until he heard that it might be laced with illicit steroids. A plausible explanation? Yes. A credible one? With the shadow of Jose Canseco, Alex Rodriguez and Manny Ramirez's positive 2009 test, it's hard to say.

But there is an equally large, equally important issue here. The List itself. The List has been sealed by court order for years, the subject of a disagreement between the MLBPA and the Federal Government. The court seal hasn't prevented leaks this year. It should have. Leaking information from a sealed document is a crime. The List, which was to have been anonymous, was also the basis for the MLBPA's cooperation with the MLB testing program. It appears now that not only is the list not confidential, but that MLB may not have shared accurate information with the MLBPA.

So what should the MLBPA do now? Should it drop its opposition to release of the list? Not in the humble opinion of the Hat. In fact, just the opposite. Donald Fehr should call a press conference tomorrow. He should announce that the MLBPA agreed to cooperate with a testing program based on the results of an anonymous testing survey. Right now, that survey is not anonymous, and the results that MLB shared may not be accurate. As a result, as far as the MLBPA is concerned, the testing program is over. The players will no longer cooperate. Throw down the gauntlet. Force MLB and the courts to take action to stop the leaks and ensure that the information provided by MLB is accurate. Until then, no more tests, no more suspensions. Regardless of public opinion of the agreement, both sides should abide by it. And until MLB holds up its end, the MLBPA should refuse to be constrained by its end.