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Not sure why this is hard to understand. If a pitcher is allowed to fake to 3rd and to 1st and you do not consider the pitcher a fielder now, then it is a balk. You cannot have it both ways. Either you accept the casebook interpretation or you are going to have to call a balk by your philosophy. I would not make this difficult. The pitcher in this situation is clearly off the rubber so any throw they make is just like any other fielder.
Peace
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