Sunday, March 20, 2011

Waste of time and money.

Did you know that if Bonds was prosecuted for taking steroids, he would not go to prison? So the prosecutors are comfortable disconnecting the charge of perjury from the underlying charge. If this sounds odd to you, it's because it's odd:

"More often and more credibly, perjury is pursued when it's connected with more serious underlying charges. Martha Stewart, for example, was indicted for perjury and making false statements in connection with insider trading. Similarly, Lewis (Scooter) Libby, former assistant to Vice President Dick Cheney, was indicted on perjury charges in connection with leaking the identity of a former CIA operative.

The steroid controversy is altogether different. The Bonds case and Clemens indictment involve charges of lying - in Bonds' case to a grand jury, and in Clemens' case to Congress - for making allegedly false statements in an attempt to cover up the use of performance-enhancing drugs. The use of these drugs is banned by Major League Baseball and can in some cases be illegal, but the use alone is not a felony and was not charged in either case.

What has some people troubled here is that the underlying crime, if there is one, is so diffuse. These cases seem to have more to do with the integrity and reputation of professional sports than with the prosecution of a serious crime with real victims or any demonstrable financial or physical harm. Given the limits of the resources of the Justice Department and the probability that someone who is solely convicted on perjury will not likely receive prison time, it's fair to question the wisdom of spending millions of dollars pursuing these cases.

In fact, contrast the treatment of these two men with the cases of other professional athletes - Jason Giambi, Mark McGwire and Alex Rodriguez, to name a few - who, after long periods of failing to tell the truth, have simply owned up to the illegal drug use and suffered reputational damage without the threat of jail time or a felony conviction."


Bonds admitted under oath that he took the "clean" and the "clear" and we all know he took steroids. He knows he took steroids. But the prosecutors have to prove that he knew he was taking steroids at the time he was taking steroids. So when Bonds said he didn't know he was taking steroids, how do you prove that he didn't know?

The misconduct of the prosecutors and their disproportional pursuit of Bonds bothers me very much. Bonds's use of steroids and subsequent destruction of the HR records bothers me very little.

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