The New York Yankees on Thursday lost their appeal to prevent the release of the Yankees Letter, and in about a week’s time, the letter is expected to be released publicly.
A person with knowledge of the Yankees’ legal plans said the team does not plan to pursue a stay with the U.S. Supreme Court, which means the letter is to come out of seal seven days from Thursday’s denial of the petition for a rehearing. The letter should then be available for the public’s review via the court by the end of those seven days, although sometimes it can take an extra day or two for the court to process paperwork.
"We’re disappointed by the Court of Appeals' decision, but we respect it,” Yankees president Randy Levine said. “However, I believe that as described in my petition, this will lead to a lot of bad results down the road.”
The Yankees in April asked for the U.S. Second Circuit Court of Appeals to grant an “en banc” rehearing as to whether the letter, which details Major League Baseball’s investigative findings from 2017, should be released. It was a long-shot maneuver, as the Second Circuit rarely grants “en banc” rehearings.
The letter includes information about the 2015 and 2016 Yankees.
The release of the letter will allow the public a chance to review whether a press release issued by commissioner Rob Manfred in September 2017 accurately represented the findings of the letter, which MLB and the Yankees both fought in court to keep private. It could also give insight into Manfred’s decision-making and how he decided to apply and interpret the sport’s rules of the time, be it with stringency or leniency.
In the 2017 press release, the commissioner wrote that “the Yankees had violated a rule governing the use of the dugout phone” but that “the substance of the communications that took place on the dugout phone was not a violation of any Rule or Regulation in and of itself. Rather, the violation occurred because the dugout phone technically cannot be used for such a communication.”
Among the questions the letter’s release could answer: could or should Manfred have found the Yankees to be in violation of any rule?
The Athletic reported that as early as 2015, the Yankees were using their video rooms to break down opposing catchers’ sign sequences, and then providing that information to the dugout so that when runners reached base, they could more easily tell hitters what was coming. That method, known as the base runner method, was used by the 2017 and 2018 Red Sox and Astros as well. The Astros in 2017 also did something generally considered more egregious, learning in real-time what pitch was coming with the use of a center-field camera and banging on a trash can in the tunnel to communicate to hitters what was coming.
(Photo: Mary DeCicco / MLB Photos via Getty Images)
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Yankees lose appeal, meaning 'Yankees Letter' will soon be made public - The Athletic
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