Sosa likely to skate on any perjury charge

Leave a comment

Congress is going to investigate Sammy Sosa for perjury:

A congressional committee will look into former baseball slugger
Sammy Sosa’s denial that he used illegal performance-enhancing drugs in
light of a report that he tested positive for a performance-enhancing
drug in 2003. The chairman of the House Oversight and Government Reform
Committee, Democratic Rep. Edolphus Towns of New York, says that the
committee takes seriously suggestions that a witness had been
misleading.

Towns said in a statement Wednesday that he will determine the appropriate steps following a review of the matter.

Given Tuesday’s news, there is no question that Sammy was, at the
very least, being cute with Congress during his 2005 testimony. That
said, I don’t think anything will come of this and don’t expect that
Sosa will ultimately be charged.

Why? Because Sammy never appeared to have actually said that he didn’t do steroids. He said “To be clear, I have never taken illegal
performance-enhancing drugs.” He said “I have not broken the laws of
the United States or the laws of the Dominican Republic. I have been
tested as recently as 2004, and I am clean.” Those statements — and
many others he made during his testimony — allow for the possibility
that he used substances that were legal in the Dominican Republic that
would have been illegal to use in the United States.

I know that such a distinction is going to make a lot of you mad, but
federal perjury law is really, really, clear in holding that responses
to questions made under oath that relay truthful information in and of
themselves, but that are intended to mislead or evade the examiner
cannot be prosecuted. Instead, the criminal-justice system requires
that the questioner — in this case Congress — diligently followup on
such answers and suss out the misleading nature of the response
themselves. A relatively non-technical summary of that law can be found here. And yes, it’s an unpopular law in some circles, but it is the law, and there are several good reasons for it being as it is.

I don’t know what Sammy Sosa took, when, and where. But neither does
Congress, and they didn’t try to obtain that information in 2005 even
though they were presented with an opportunity to do so. And believe
me, there were lawyers all over that hearing room, and you can bet that
many of them were aware of the implications of Sosa’s carefully-phrased
statements that day. If they wanted to nail him for perjury, they
should have nailed him down then.

But they didn’t, and because of that, I think he skates.

Clayton Kershaw could return on September 1

Sean M. Haffey/Getty Images
Leave a comment

Dodgers starter Clayton Kershaw has been out since July 24 with a lower back strain. He’s slated to throw a three-inning simulated game in Pittsburgh on Monday, per Bill Plunkett of the Orange County Register. Plunkett adds that if all goes well, the earliest Kershaw could return is August 31 against the Diamondbacks, but September 1 is more likely against the Padres.

Kershaw, 29, hit the disabled list on a pace to win his fourth Cy Young Award. He’s 15-2 with a 2.04 ERA and a 168/24 K/BB ratio in 141 1/3 innings.

The Dodgers have managed just fine without Kershaw. The club is 19-4 since July 24. At 87-35, the Dodgers own baseball’s best record, well ahead of the second-best Astros at 76-48.

Ian Kinsler was fined for ripping umpires publicly. Brad Ausmus says it’s the largest fine he’s seen in 25 years.

Ronald Martinez/Getty Images
6 Comments

Last week, Tigers second baseman Ian Kinsler was ejected from a game against the Rangers after giving home plate umpire Angel Hernandez a look after a pitch was thrown outside for a ball. Kinsler was apparently unhappy with calls Hernandez had made earlier. Manager Brad Ausmus, too, was ejected.

After the game, Kinsler said that Hernandez “needs to find another job.” He added, “…he needs to stop ruining baseball games.”

Kinsler was fined by Major League Baseball for his remarks, Mlive’s Evan Woodbery reports. According to Ausmus, the fine levied on Kinsler was the largest one he’s seen in nearly 25 years in baseball. Kinsler said, “I said what I felt and what I thought. If they take offense to that, then that’s their problem.” Ausmus said, “To single out one player as a union is completely uncalled for.”

As Ashley noted on Saturday, the umpires wore white wristbands to protest “escalating attacks on umpires.” The umpires agreed to drop their protest on Sunday after commissioner Rob Manfred agreed to meet with the umpire union’s governing board, Gabe Lacques of USA TODAY Sports reports.