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.

What’s on Tap: Previewing Thursday evening’s action

WASHINGTON, DC - MAY 15:  Joe Ross #41 of the Washington Nationals pitches in the third inning during a baseball game against the Miami Marlins at Nationals Park on May 15, 2016 in Washington, DC.  (Photo by Mitchell Layton/Getty Images)
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Early Thursday afternoon treated us to a pair of games: Diamondbacks/Pirates and Marlins/Rays. We have an abbreviated slate from the late afternoon onwards, with only six contests.

Let’s use this opportunity to talk about Nationals starter Joe Ross, who will take on the Cardinals in the opener of a four-game home series beginning at 7:05 PM EDT tonight. Ross will oppose Mike Leake.

With Stephen Strasburg off to a great start and having signed a seven-year, $175 million extension, and with Max Scherzer having authored just the fifth nine-inning 20-strikeout game, it’s understandable why Ross hasn’t made headlines. The brother of Padres starter Tyson Ross, Joe has put up a 2.70 ERA with a 37/15 K/BB ratio in 46 2/3 innings spanning eight starts thus far. Only 19 qualified starters across baseball have put up a better ERA than Ross.

Ross was rated one of baseball’s top-100 prospects entering last season and he proved why, as he pitched well in 13 starts and a trio of relief outings following his promotion on June 6. He doesn’t have overpowering stuff, featuring a fastball that averages 92 MPH. He compliments that with a slider and a change-up. Ross has good command of the strike zone and mixes up his pitches well enough to keep hitters off balance. He turned 23 years old last Saturday, so he has plenty of time to get even better.

The Cardinals, though, will be a hard match-up for Ross. They’re averaging 5.43 runs per game, a mark bested only by the Cubs (5.61) and one which is more than a full run per game above the league average (4.28).

The rest of Thursday’s action…

Toronto Blue Jays (J.A. Happ) @ New York Yankees (CC Sabathia), 4:05 PM EDT

St. Louis Cardinals (Mike Leake) @ Washington Nationals (Joe Ross), 7:05 PM EDT

Colorado Rockies (Jon Gray) @ Boston Red Sox (Clay Buchholz), 7:10 PM EDT

Milwaukee Brewers (Wily Peralta) @ Atlanta Braves (Matt Wisler), 7:10 PM EDT

Baltimore Orioles (Kevin Gausman) @ Houston Astros (Lance McCullers), 8:10 PM EDT

Chicago White Sox (Miguel Gonzalez) @ Kansas City Royals (Danny Duffy), 8:15 PM EDT

Major League Baseball issues a statement about the Padres national anthem thing

SAN DIEGO - APRIL 06:  The grounds crew works on the field before the start of the game between the Colorado Rockies and the San Diego Padres during Opening Night at Petco Park on April 6, 2007 in San Diego, California.  (Photo by Donald Miralle/Getty Images)
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I figured the last word on the Padres National Anthem thing came the other day when everyone seemed to apologize to everyone else and ask for fired people to be rehired and all of that stuff. But no, it appears that there is more.

A coda anyway. From Major League Baseball which apparently used its Department of Investigations to suss everything out about the whole affair. And here you thought all they did was walk a questionable ethical line when investigating drug use.

Anyway, here is their statement. One more false ending to this thing and I’ll feel like we’re in a sequel to the movie “Clue.” Which is massively underrated, by the way. Tim Curry’s second-best movie, easily, and Lesley Ann Warren’s absolute best.

The statement:

Major League Baseball announced today that it has completed its investigation into the unfortunate events of Saturday, May 21st, when members of the San Diego Gay Men’s Chorus had been scheduled to perform the Star-Spangled Banner before the Padres’ “Pride Night” home game against the Los Angeles Dodgers at Petco Park.  The review, which was conducted by MLB’s Department of Investigations, included a dozen interviews with individuals who were involved in the situation.

The Department of Investigations has concluded that the San Diego Gay Men’s Chorus has performed the Star-Spangled Banner multiple times before a Padres game; that Saturday’s regrettable situation was a product of human error; that the situation was exacerbated by the fact that the lead entertainment supervisor was involved in a car accident on Friday night and thus was unable to work on Saturday and handle his typical responsibilities; that employees involved in the matter were handling new duties with which they were insufficiently familiar; and that the employees involved had no malicious intentions and, in fact, universally relayed contrition for how the incident unfolded and the adverse impression that it created.

MLB received the full cooperation of Padres management, which expressed its deepest apologies.  MLB believes that the Padres’ efforts to remedy the situation, including its invitation to the Chorus to return to a future game to perform the National Anthem, are appropriate and has every expectation that the Club’s longstanding record of inclusion will be evident in the future. 

 

A-Rod off the disabled list and back in the Yankees lineup

New York Yankees' Alex Rodriguez watches his RBI single during the first inning of a baseball game against the Oakland Athletics on Tuesday, April 19, 2016, at Yankee Stadium in New York. (AP Photo/Bill Kostroun)
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Alex Rodriguez has been activated from the disabled list and will be batting fifth in his return to the Yankees lineup this evening.

A-Rod has been on the DL since May 4 with a strained right hamstring. He was off to a slow start this year but began to slowly heat up just before going down with the injury. Overall he’s He’s hitting .194 with five home runs in 20 games.

It’s hard growing old. Partially because of the injuries. Partially because jerks remind you of things like the fact that you went 3-for-5 with a solo homer in a loss against the Royals on the day the Dodgers starting pitcher for tomorrow night’s game was born.

Anyway, welcome back A-Rod.

Matt Carpenter placed on the paternity leave list

St. Louis Cardinals' Matt Carpenter celebrates after hitting an RBI triple during the second inning of a baseball game against the Milwaukee Brewers on Monday, April 11, 2016, in St. Louis. The Cardinals won 10-1. (AP Photo/Jeff Roberson)
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The St. Louis Cardinals have placed third baseman Matt Carpenter on the paternity list. He’s gonna be a daddy. Or just became one. Not sure. Either way: Awww. Carpenter is first on the team with nine homers and 32 RBIs and is batting .250 with a .378 on-base percentage. He’s expected to miss four games.

He’s also expected to outrage dudes like this:

 

Personally, I always look to Mickey Mantle when I’m thinking about how best to comport myself off the field. He was a paragon of family values.

Oh well. We’ve come a long way with this stuff in a short time. Just two years ago we had scores of yahoos, including some members of the media, grousing about Daniel Murphy taking paternity leave. Now we have just one yahoo. This is what progress looks like, folks.