The much-anticipated report from former Sen. George Mitchell on performance-enhancing drug use in baseball is expected to be released tomorrow.
Major League Baseball officials began reviewing a draft of the document yesterday, one of the final steps before the results of Mitchell’s 20-month investigation are released. The draft was reviewed yesterday at the Manhattan office of DLA Piper, the law firm that Mitchell chairs.
Mitchell is expected to hold a news conference tomorrow, but Commissioner Bud Selig does not plan to attend. Selig could have his own news conference or hold a conference call, a baseball official said.
Baseball officials have said for several weeks that management would be able to examine the report a few days before it is made public to make sure it does not contain any confidential information that, if released, would violate the collective-bargaining agreement between owners and players.
Here is a primer on some of the biggest questions surrounding the report:
How many names will be in the report?
This is the biggest question on everyone’s minds. Without a number of new names, this report will have no teeth, and baseball will be ridiculed for even ordering the investigation.
Estimates have ranged from around 50 to 80 names being included. How many of those named will be marquee players and how many journeymen? We don’t know. It is believed most of the names in the report came from the August interview of former Mets clubhouse attendant turned steroid dealer, Kirk Radomski.
What did Mitchell use as burden of proof to include a player?
This will be a question the Players’ Association is particularly interested in. Will Mitchell include a player if he is named by someone as a suspected steroid user or will he need verification through bank or phone records or a failed test?
Mitchell is an experienced lawyer, and has a team of lawyers working with him. They likely reached a certain minimum guideline for including a player.
Whom did Mitchell interview?
Mitchell has said he’s done “hundreds” of interviews during the 20-month investigation. It is known that he spoke with managers, coaches, general managers, trainers, clubhouse managers and other support staff. He also has spoken with Selig. Mitchell has spoken with several former players, but only one current player is known to have agreed to be interviewed, and that was Jason Giambi after Selig threatened him.
Jose Canseco, whose book Juiced revealed many alleged steroid users, was interviewed last year by Mitchell’s team. Canseco said he was surprised they did not talk to him again and said they basically wanted to know if he had anything he didn’t include in his book. Canseco was vilified for ratting out fellow players. Because of that, he doesn’t think any players will be brave enough to name names.
“Current players? Absolutely not,” Canseco said. “Former players? It depends on whether they have ties to Major League Baseball. If they have a coaching job or want a coaching job, absolutely not.”
What penalties will players face?
This will be a tricky issue. If a player used before 2003, when baseball began testing, Selig probably won’t do anything. If he used after that, Selig may suspend him for 15 days, which was the penalty he gave Jay Gibbons and Jose Guillen last week after the two were implicated in the Albany investigation of Internet steroid sales.
Could players sue Mitchell?
Yes, if they can prove they never used steroids. The union surely would pounce if this happens. MLB would be on the hook for the legal costs because Mitchell received an indemnification agreement, meaning MLB would pay lawyers to defend Mitchell’s report and pay any judgments that come from any mistakes.