Sammy Sosa will not be prosecuted for perjury. Not that this is news.

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The New York Times’ Michael S. Schmidt reports that the Congressional committee that Sammy Sosa testified before in 2005 — famously speaking in Spanish, rather than English — has decided not to charge Sammy Sosa with perjury despite the fact that he was later revealed to have tested positive for PEDs prior to his testimony.

A couple of things here:

1. I’m not quite sure how this is news. The hearing took place in March 2005. It is now May 2010. The statute of limitations for perjury is five years, so I’m struggling to see how charges could be filed even if they tried. I guess Schmidt is just trying to get back in steroids-writing practice in anticipating of the Roger Clemens business coming soon.

2. Even if the statute hadn’t run, it seems very clear to me that Sosa didn’t lie to the committee despite the fact that he apparently took PEDs of some kind before 2005.

As I wrote last year, it’s not true that Sosa denied taking steroids before Congress. 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.” He said “I
have been
tested as recently as 2004, and I am clean.” Those statements all 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, such as steroids or HGH.

We don’t know for sure, though, because neither the members of that Congressional committee nor the multiple lawyers they had on staff, sitting there in the room bothered to ask the basic sorts of
followup questions when faced with obvious qualifications like Sosa was offering. If they had pressed them on it — say, asked him whether he took PEDs, whether legally or illegally, in the United States or at home in the D.R. — he could have been in a serious jam.

But they didn’t. My theory as to why? They didn’t really care.  As is the case with every other bit of congressional involvement in steroids, the 2005 hearings were designed for P.R. purposes and to show voters that Congressman Whoever knew how to stick it to those cheating ballplayers who defied God, mugged Hank Aaron and pooped in Mom’s apple pie or whatever. It wasn’t a serious legal proceeding and never was meant to be.

Still, Roger Clemens could get charged with perjury sometime soon. But then again, he’s always done things more audaciously than anyone. Including, we may find out, lying.

Dave Roberts: Clayton Kershaw could be activated on Tuesday

LOS ANGELES, CA - MAY 17:  Clayton Kershaw #22 of the Los Angeles Dodgers heads to the dugout at the end of the first inning against the Los Angeles Angels at Dodger Stadium on May 17, 2016 in Los Angeles, California.  (Photo by Harry How/Getty Images)
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Dodgers manager Dave Roberts said that there is a possibility that starter Clayton Kershaw will be activated after throwing a simulated game on Tuesday, Alanna Rizzo of SportsNet LA reports. Kershaw threw a 60-pitch bullpen session on Friday. His activation depends on how he feels coming out of the simulated game.

Kershaw, 28, has been out since late June with mild disk herniation in his lower back. There was some consternation last month that the lefty might need back surgery, but he seems to have moved past that worry.

At the time he hit the disabled list, Kershaw was a front-runner for the National League Cy Young Award, owning an 11-2 record with a 1.79 ERA and a 145/9 K/BB ratio in 121 innings.

The Dodgers entered play Monday with a two-game lead over the Giants in the NL West. Needless to say, getting Kershaw back bolsters their odds of winning the division.

Pirates place Gerrit Cole on the disabled list with elbow inflammation

PITTSBURGH, PA - AUGUST 24:  Gerrit Cole #45 of the Pittsburgh Pirates delivers a pitch in the first inning during the game against the Houston Astros at PNC Park on August 24, 2016 in Pittsburgh, Pennsylvania. (Photo by Justin Berl/Getty Images)
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Starter Gerrit Cole has been placed on the 15-day disabled list, retroactive to August 25, with posterior inflammation of his right elbow, the Pirates announced. Pitcher Steven Brault has been recalled from Triple-A Indianapolis for Monday night’s start against the Cubs.

Cole was scratched from Monday’s start on Sunday and instead traveled to Los Angeles to be examined by Dr. Neal ElAttrache. The right-hander previously underwent an MRI which ruled out structural damage.

Cole hits the shelf with a 3.55 ERA and a 95/32 K/BB ratio over 114 innings. The Pirates entered play Monday a half game out of the second National League Wild Card slot, so losing him for at least two more weeks will sting.