If the Yankees have nothing to hide, why not just release the letter?
If I were in charge of the Yankees (which, thank goodness for the Yankees’ sake, will never happen) I would schedule a news conference for tomorrow with a big blown up version of the letter, and ask Cashman or assistant GM Jean Afterman to explain it to the public.
But that’s a PR-centered thought.
In writing an appeal last week of the 2020 ruling that that the letter be unsealed, team president Randy Levine was focused on another aspect: legal precedent.
In the appeal, Levine noted that the letter’s disclosure was in “meritless” -- and ultimately dismissed -- lawsuit by daily fantasy players alleging that sign stealing in MLB had defrauded them. The Yankees were not a party to that suit.
Furthermore, the team said that the letter was submitted to the court in error.
“The Yankees believe that MLB mistakenly produced the Yankees Letter,” Levine wrote in the appeal.
There is a Red Sox letter. There is an Astros letter. Why, the Yankees ask, should only the Yankee letter be unsealed in this process?
The appeal also said that releasing the letter would set a dangerous precedent, and would open “a floodgate for future litigants to cause more abuse in ways never intended.”
As Levine wrote, “The Opinion removes the authority from the Commissioner to determine what to make public from his internal investigations, and puts that power in the hands of opportunistic plaintiffs with no connection to MLB, even where, as here, those plaintiffs never stated a viable cause of action … The Opinion will thereby discourage parties from cooperating with confidential internal investigations, as now the investigator will no longer control what is made public; an opportunistic plaintiff.”
In other words, the Yankees are asking why anyone would cooperate with a future MLB investigation if confidentiality is promised but not guaranteed.
Have you actually seen this letter, Martino?
No, but I have had it summarized to me by non-Yankee sources who are intimately familiar with it.
Will you see it?
Almost certainly. Legal experts do not expect the Yankees to win this appeal. We’ll all probably see it before long.
Will that be embarrassing to the Yankees?
Yes. The wording and tone of the letter will provide fodder for anyone looking to opine that the Yankees cheated. But the facts will show that their use of the replay room to decode signs occurred before 2017, when it wasn’t as clear that MLB regarded that as a violation.
The Astros and Red Sox committed violations after that date. The Astros participated in electronic sign stealing in the 2017 World Series, and at least into the 2018 season. They violated other rules in 2019. The Red Sox were punished for 2018 violations.
For the sake of their own reputation and fair coverage, the Yankees should be explicit about the difference between their deeds and the Astros’. The sooner they do it, the better off they will be.