Heyman calls McGwire a coward for not risking prosecution

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McGwire oath.jpgI actually don’t have a huge problem with most of what Jon Heyman says about McGwire in his latest column. Sure, I think his tone is overly moralistic, and I continue to wonder why anyone cares what McGwire thinks steroids did or didn’t for him. But it’s not like he says anything a dozen other writers aren’t saying.

But I do take issue with one part of his analysis, and it’s the part in which Heyman talks about stuff he obviously doesn’t understand in the least: the legal stuff:

And by the way, his claim that he stonewalled Congress because he feared prosecution is fairly lame, as well . . . the reality is that McGwire would have been hailed as a hero had he
told the truth and if he had he pledged to help the steroid cause and
actually did help the cause . . .This isn’t his lawyers’ fault. It’s his fault. And of course, the
reality is that no one ever gets prosecuted for taking steroids. People
are prosecuted for distributing steroids, and they are prosecuted for
lying under oath.

We all know of hundreds of athletes who
took performance-enhancing drugs. And how many of them have been
pursued or prosecuted by the feds for that? Exactly zero. The
government doesn’t have the time or resources to go after the folks who
just use the performance-enhancing drugs. And they certainly wouldn’t
be hauling away in handcuffs an American hero, which is what McGwire
would have been had he cooperated rather than taking such a cowardly
stance.

It’s easy to be pretty cavalier about other people’s freedom, I guess, but one thing is certain here, and that’s that Heyman doesn’t have any experience being in the cross hairs of any sort of legal investigation. If a lawyer gave McGwire the kind of ignorant advice Heyman is spewing he’s be sued for malpractice.

I have said on a couple of occasions that it would have been a very good thing for McGwire to have been 100% frank at that Congressional hearing, and that by doing so he could have done no small amount of good with respect to the issue of PEDs in baseball.  But implicit in those comments was the idea that any such effort would necessarily have to come with some kind of immunity deal, because to do it he would have had to admit to committing crimes, even if they were minor ones.

And we learned something in McGwire’s confession the other day that we did not know before: he tried. His lawyers approached the committee’s lawyers and asked for immunity so he could talk.  And they said no. And it wasn’t just them: the Attorney General himself said no.

Now ask yourself: if you got a government subpoena and you knew that answering the questions they were going to ask you would require you to admit to committing a crime, and you asked them for immunity and they said sorry, no, would you feel all that comfortable that you wouldn’t be prosecuted for something? If, like Heyman, your answer is “yeah, sure,” you’re crazy.

Heyman says “the
government doesn’t have the time or resources to go after the folks who
just use the performance-enhancing drugs.” Such a comment show’s Heyman’s ignorance of the War on Drugs in general and the government’s interest in steroids in particular. They had agents literally sifting through athlete’s garbage prior to McGwire’s testimony. And while sure, the high-profile prosecutions of athletes like Barry Bonds and the investigation of Roger Clemens are premised on perjury, the government has a cute habit of setting perjury traps for people testifying about stuff that they might not prosecute in and of itself. And of course, thousands upon thousands of otherwise personal drug users have been charged as distributors based on possessing or using quantities of drugs that, while for personal use, are deemed enough to show an “intent to distribute.

Do they go after McGwire if he speaks frankly before Congress in 2005? I think the odds are less than 50%. But (a) they explicitly told his lawyers that they wouldn’t not go after him; and (b) even a 25% chance of becoming the poster boy of a federal steroids prosecution is a nightmarish prospect and enough to make any reasonable man balk at being so forthcoming about his illegal conduct.  I’ve represented high-profile criminal clients before, and I can tell you, a public investigation of even moderate length that does not result in an indictment can be an emotionally and financially-draining experience for all of those involved. Families can be destroyed. Fortunes lost. Friendships ended.

In other words, it is not something to be so blithely dismiss as Heyman does here.

Report: Blue Jays closing in on a deal with Jose Bautista

TORONTO, ON - OCTOBER 17:  Jose Bautista #19 of the Toronto Blue Jays looks on during batting practice prior to game three of the American League Championship aagainst the Cleveland Indians Series at Rogers Centre on October 17, 2016 in Toronto, Canada.  (Photo by Elsa/Getty Images)
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MLB.com’s Jesse Sanchez reports that the Blue Jays are closing in on a deal with free agent outfielder Jose Bautista. This is not particularly surprising, as Bautista’s market has been slow to develop despite recent reports having listed the Orioles, Twins, and Indians as other interested teams.

Bautista, 36, is coming off of a lackluster 2016 performance. Over 517 plate appearances, the six-time All-Star hit .234/.366/.452 with 22 home runs and 69 RBI.

The Blue Jays needed to provide some clarity in their outfield as Ezequiel Carrera was listed first on the depth chart. Bautista, of course, will supplant him if and when the deal is finalized.

Collin McHugh calls out Donald Trump for criticism of John Lewis

PHOENIX, AZ - MAY 30:  Starting pitcher Collin McHugh #31 of the Houston Astros watches from the dugout during the MLB game against the Arizona Diamondbacks at Chase Field on May 30, 2016 in Phoenix, Arizona.  (Photo by Christian Petersen/Getty Images)
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Astros pitcher Collin McHugh was among those who took to social media on Saturday after Donald Trump disparaged Congressman and civil rights leader John Lewis on Twitter.

During NBC News’ “Meet the Press” interview on Friday, Lewis called Trump’s presidency into question, casting doubt on its legitimacy after the alleged tampering of the election results by Russian hackers. In response, Trump posted a series of tweets that criticized Lewis for not spending enough time “fixing and helping his district, which is in horrible shape and falling apart (not to mention crime infested),” despite ample evidence to the contrary.

Trump also accused Lewis of being “all talk, talk, talk – no actions or results.” The Congressman, whose efforts to further civil rights span over 50 years, served as chair of the Student Nonviolent Coordinating Committee from 1963-66 and is considered one of the six fundamental leaders of the Civil Rights Movement.

McHugh was one of many to call out Trump on Twitter, defending Lewis and speaking directly to his own experiences in Atlanta:

Last year, McHugh was also one of several players to speak out on social media when Trump dismissed his own crude, misogynistic comments as “locker room talk” after an Access Hollywood video was leaked prior to the election.

I don't like to comment on politics publicly. I never feel competent or knowledgeable enough to say something that a thousand more well-informed people haven't already said. However, I feel the need to comment on the language that Donald Trump classified the other day as "locker room talk", given my daily exposure to it. Have I heard comments like Trump's (i.e. sexist, disrespectful, crude, sexually aggressive, egotistical, etc.) in a clubhouse? Yes. But I've also heard some of those same comments other places. Cafes, planes, the subway, walking down the street and even at the dinner table. To generalize his hateful language as "locker room talk" is incredibly offensive to me and the men I share a locker room with every day for 8 months a year. Men of conscience and integrity, who would never be caught dead talking about women in that way. You want to know what "locker room talk" sounds like from my first hand perspective? Baseball talk. Swinging, pitching, home runs, double plays, shifts. The rush of victory and the frustration of defeat. Family talk. Nap schedules for our kids. Loneliness of being on the road so much. Off-season family vacations. And most importantly, coffee talk! The best places to find quality #coldbrew. What's currently brewing on the #aeropress in the empty locker between me and Doug, affectionately known as #CafeStros? How strong do you need it today? Kid wouldn't sleep last night? I'll make it a little stronger for ya. Maybe Mr. Trump does talk like that in his country club locker room. Perhaps he's simply not privy to the kind of conversations that take place in other locker rooms. But as for me and my @astros team, our "locker room talk" sounds absolutely nothing like his. And I couldn't be more proud of that.

A photo posted by Collin McHugh (@cmchugh) on

While some applauded McHugh for his strong words on Saturday, the pitcher was quick to state that he doesn’t consider himself “anti-Trump,” just “anti-bullying and pro-respect.”