Stanley Brand, a lawyer for the baseball commissioner's office, said the committee had no jurisdiction and was interfering with the federal grand jury by trying to force testimony from Giambi and others. He said the committee wanted to violate baseball's first amendment privacy rights and was attempting to "satisfy their prurient interest into who may and may not have engaged in this activity."Note that this came from the commissioner's office, not from the players' union. If there's one thing labor and management can agree on, it's that they don't need political grandstanding from the likes of John McCain and his Congressional cronies here.
"The audacity, the legal audacity of subpoenaing someone who's been a grand jury witness before there's been a trial in the case in California is just an absolutely excessive and unprecedented misuse of congressional power," Brand said.
"Not even the Iran-contra committee attempted to do that, and when it did, it tainted irreparably the prosecutions that came out of that investigation. Now if that's what Congress wants to do to advance what it says is the public interest in combating a very serious problem that baseball has confronted, then in my judgment they've torn loose from their legislative moorings and they're marauding in an area of the law that has very serious consequences for the judicial system."
It's fine for talk-show hosts and talk-show callers to adopt that time-honored, un-American precept that men are guilty until proven innocent. Hey, that's show biz.As I advised a couple of weeks ago, get out your hip waders. You're going to need them, because this stuff is deep.
But when the United States Congress stages an event in which guilty-until-proven-innocent will, essentially, be the central theme, it makes us a little uncomfortable.
...Not that any player who used steroids with an intention to cheat doesn't deserve to be fried from coast to coast. But this is no way to find out who did and who didn't.
By asking these questions, in this setting.
By subpoenaing steroid-test results that would violate the right to privacy of people who justly negotiated that right.
By acting as if any of this will "clean up" a sport that finally has a respectable banned-substance list which isn't all that different from the lists of the other pro sports.
It is, after all, a little late to clean up whatever was going on in baseball in 1998, or 1993, or even in 2001.
Those yachts have all sailed. Whatever people used or didn't use back then, no one is going to be able to jump into a time machine and stop it.
Labels: steroids
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