We now know why the MLBPA didn’t destroy the 2003 drug tests.
“In mid-November 2003, the 2003 survey test results were tabulated and finalized. The MLBPA first received results on Tuesday, November 11. Those results were finalized on Thursday, November 13, and the players were advised by a memo dated Friday, November 14. Promptly thereafter, the first steps were taken to begin the process of destruction of the testing materials and records, as contemplated by the Basic Agreement. On November 19, however, we learned that the government had issued a subpoena. Upon learning this, we concluded, of course, that it would be improper to proceed with the destruction of the materials. The fact that such a subpoena issued in November 2003 has been part of the public record for more than two years. See, U.S. v. CDT, 473 F3d at 920 (2006), and 513 F3d at 1090 (2008) (both opinions have now been vacated). Other subpoenas followed, including one for all test results.
“Over the next several months we attempted to negotiate a resolution of the matter with the United States Attorneys Office for the Northern District of California. During that time we pledged to the government attorneys that the materials would not be destroyed. When the government attorneys refused to withdraw its subpoena for all 2003 test results, we decided to ask a judge to determine to what the government was entitled. See, 473 F3d at 944, and 513 F3d at 1118. On the same day we were filing our papers with the court, the government attorneys obtained a search warrant and they began seizing materials the following day. Pursuant to that search warrant which named only 10 individuals, the government seized records for every baseball player tested under our program, in addition to many records related to testing in other sports,and even records for other (non-sport) business entities.
Also note the jab to the media: “The fact that such a subpoena issued in November 2003 has been part of the public record for more than two years.” And the Gene Orza “tipping” allegation appears to be the previously-documented 2004 meetings with players to address the seizures. Again, this was covered over a year ago.
Aside: The MLBPA’s director of communications is named Greg Bouris. How many guys with a similar last name are involved in this thing? Jeff Borris (Barry Bonds’s agent), Scott Boras (Alex Rodriguez’s agent), and now Greg.