Is Max Scherzer's Set Position Pitch Clock Strategy Legal?

Mets pitcher Max Scherzer labored into the third inning of New York's Spring Training game against Washington with a peculiar strategy to use the pitch clock to his advantage while throwing batters off their rhythm. But with HP Umpire Jeremy Riggs calling multiple infractions, is Scherzer's gamesmanship legal or a violation of the rules?

One week into Spring Training, Scherzer took the mound with a new approach to pitching to a clock. After surrendering a single to Nationals batter Ildemaro Vargas, Scherzer shifted tactics for ensuing batter Victor Robles, assuming Set Position as soon as possible in an effort to catch Vargas off guard for the ensuing delivery to home plate. HP Umpire Riggs, however, called Scherzer for a balk on his first attempt—the Mets ace had begun his delivery prior to the Nats batter becoming fully set and "alert" in the box.

Official Baseball Rule 6.02(a)(5) states that it is a balk when a pitcher makes an illegal pitch: "A quick pitch is an illegal pitch. Umpires will judge a quick pitch as one delivered before the batter is reasonably set in the batter’s box. With runners on base the penalty is a balk; with no runners on base, it is a ball. The quick pitch is dangerous and should not be permitted."

It is of little dispute that beginning one's delivery prior to the batter looking toward the mound constitutes a quick return pitch. With a runner on, this was called a balk.

As the inning progressed, it appeared Scherzer played more and more clock games, including the come-set-before-the-batter-gets-ready race and the make-the-batter-request-"Time"-and-exhaust-their-limit-of-one-"Time"-per-at-bat. If the batter did manage to assume alertness before Scherzer arrived at Set Position, Scherzer would simply hold the ball and wait until the pitch clock neared expiration prior to starting his delivery (Riggs called Scherzer for a time-expired violation once in the inning).

Insofar as a pitcher coming Set prior to the batter's readiness, the rules (namely 5.07(a)(2) regarding Set Position) do not outlaw the move: the rule simply requires the batter come set before delivering to the batter (we're assuming Set Position and not Windup is used). If there are runners, the pitcher must momentarily stop in Set prior to pitching (penalty: no-stop balk).

But there is no restriction in timing of when a pitch is first allowed to come set. Thus, Scherzer's strategy is legal, although the potential cost of messing with one's own timing and cadence (Scherzer's line was 2.2 IP, 7 R) may out-weight the potential benefits.

Video as follows:

Alternate Link: Scherzer tries playing pitch clock games against Washington, to mixed results (NYM)