With Gio it was more guilty until proven innocent - and he proved himself innocent with proof that he only bought legal things. "Didn't have enough evidence" is actually quite the opposite. They had evidence of acquittal, from what I've read. They wouldn't have spared anyone in this thing. They nailed minor league (and free agent) guys as well. Putting Gio in there would be another number to prove Bud's "cleaning up the game". He let it get out of hand while it saved the game, and then acted shocked and appalled when it was in a safer spot. Bud acting like he didn't let it happen is like the US Citizens being shocked that the NSA is keeping tabs. Everybody knew it was happening, they just didn't want to hear it.
Yeah, Selig's a real slimeball. He's never been willing to go after all the GMs and owners who knew about this stuff, because he himself would need to answer for his own culpability.
Gio was effectively cleared based upon the alleged testimony by people from the clinic. It was good that some of that got reported, even though it was never officially attributed, since Gio got the smear on the front end. MLB is horrible at the way they fail to control information and never take the right steps to follow up. They tend to leave clouds hanging over people's heads.
That said, it is hard to know officially where things really stand with him in MLB's eyes. They may feel like he got away with something and be pissed that the clinic was so uncoorperative. Also, I still feel that Gio was dishonest with his denials, and disappointed he associated himself with the clinic in the first place. He's never really explained either. I figure just because a politician hangs out at a whorehouse doesn't mean that he's banging prostitutes, but he shouldn't be there in the first place. Biogenisis is a bogus, corrupt clinic, and no ballplayer should have been anywhere near it, period. Just horrible judgement. So, even if he wasn't taking PEDs, he stupidly cast doubt on his own reputation.