Barry Bonds

Barry Bonds’ lawyers argue his obstruction of justice conviction today


Barry Bonds lawyers will head into court today to argue his appeal of his obstruction of justice conviction today. There will be no decision today because that’s not how appellate courts roll, but when you read the Bonds headlines later, that’s what it’s about.

To review: Bonds was acquitted on all counts of perjury, but convicted for obstruction of justice. The basis for that conviction: a rambling answer to a question about whether anyone besides team doctors ever injected him with anything. His initial answer was something incoherent about being a “celebrity child.” Prosecutors and the jury say that that answer was “intentionally false, misleading and evasive.”

What no one ever seems to mention, though, is that Bonds actually answered the question:



As I’ve said before: maybe that “no” is lie. Probably is in fact. But the jury didn’t agree, acquitting him on that very question with respect to the perjury count. No, the prosecution claimed, and the jury agreed, that the question was not answered. That Bonds “misled and evaded” the grand jury.

The prosecution can say that all it wants — and maybe the appeals court will uphold the conviction because courts hate overturning jury verdicts as a general rule — but the fact is, Bonds was asked a yes or no question and he answered “no.”  He rambled for a minute, just as every single witness in every single deposition or grand jury hearing in the history of Anglo-American jurisprudence has done.  But he answered the question.  Even the jurors, interviewed after the trial, agreed that he did and questioned their conviction of him. “Wolfram” was one of the jurors:

Wolfram, 25, who works with developmentally disabled adults in Concord, Calif., said four of the jurors were unsure of the wording of that charge in the first place. She said she and those other jurors noticed that Bonds in his grand jury testimony eventually answered whether Anderson had ever injected him. But he did so a few pages later in his testimony, Wolfram said, not in the section mentioned in the charge. She said she and the other three jurors thought Bonds should not be convicted if he ultimately answered the question.

Wolfram said later, however, that they felt they had no choice because the jury instructions — authored by the prosecution — forbade them from looking at his “no, no” answer a page or two after the question was initially asked. To repeat: The prosecution, via the judge’s approval of their jury instruction, specifically told the jury TO NOT LOOK AT THE ANSWER TO THE QUESTION. That is the legal basis of the appeal, by the way: bad jury instruction that all but required a guilty verdict, regardless of the actual facts.

Whatever the case, how all this constitutes obstruction of justice is utterly baffling to me still, a decade after he answered the question. Courts and common sense agree: It is not the job of the criminal justice system to punish an evasive or non-responsive witness. It is the job of the person asking the question to pin an evasive witness down. Here the lawyer in question didn’t do that, but either way, the question was ultimately answered.

Anyway, it’s now up to the Court of Appeals to explain how that constituted obstruction. I’m quite eager to hear how it does. And if it does, I’m quite eager to see if prosecutors start adding obstruction of justice counts to every single case on every single docket in the American judicial system. Because on this rationale, they most certainly could.

The Cubs’ NLCS finish was one for the history books

CHICAGO, IL - OCTOBER 22:  Chicago Cubs fans hold a sign after the Chicago Cubs defeated the Los Angeles Dodgers 5-0 in game six of the National League Championship Series to advance to the World Series against the Cleveland Indians at Wrigley Field on October 22, 2016 in Chicago, Illinois.  (Photo by Jamie Squire/Getty Images)
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The Cubs obliterated the Dodgers in Game 6 of the NLCS, riding nine shutout innings to their first pennant win since 1945. Here’s what you should know about their historic finish:

  • By virtue of the Cubs’ 71-year World Series drought, Jon Lester and Javier Baez became the club’s first and only postseason MVPs in franchise history. The World Series MVP award was first distributed in 1955, while the NLCS MVP awards have been issued since 1977.
  • Lester and Baez are also the first co-MVPs of the Championship Series since the 1990 Reds celebrated left-hander Randy Myers and right-hander Rob “Nasty Boy” Dibble following the team’s ninth pennant win (per’s Jenifer Langosch).
  • Anthony Rizzo’s fifth inning solo shot in Game 6 tied him with Miguel Cabrera, Alex Gonzalez, and Kyle Schwarber for the most postseason homers hit at Wrigley Field, with three (per Comcast SportsNet’s Christopher Kamka).
  • Rizzo and Willson Contreras’ home runs were the first Clayton Kershaw had given up in the playoffs since Game 4 of the 2015 NLDS. The twin blasts also accounted for a fifth of the total home runs Kershaw had given up in 2016.
  • Clayton Kershaw’s Game Score of 33 was not only the lowest the left-hander had put up since the start of the 2015 season, but the lowest the Cubs had seen from an opposing pitcher in the postseason since 1989. During Game 4 of the 1989 NLCS, Giants’ right-hander Scott Garrelts pitched 4 2/3 innings with eight hits, four runs, and two homers en route to a 6-4 loss and a 33 Game Score.
  • By contrast, Kyle Hendricks’ Game Score of 86 was the third-highest among Cubs’ postseason starters, ranking just below Jake Arrieta’s 11-strikeout complete game during the 2015 wild card tiebreaker and Orval Overall’s three-hitter in Game 5 of the 1908 World Series.
  • The last major league season to feature an ERA leader on the Cubs’ roster was 1945, also the last season in which the Cubs rode to the World Series. In 2016, the MLB ERA leader is Game 6 winner Kyle Hendricks (2.13 ERA); in ‘45, it was left-hander Ray Prim (2.40 ERA), who capped a dominant year with a loss against the Tigers in Game 4 of the World Series and blown save in Game 6.
  • Not to be overlooked in the lefty’s gem on Saturday night: Hendricks and Aroldis Chapman combined to face the minimum number of batters, at 27. According to MLB Stat of the Day, only the 1956 Yankees had also faced the minimum batters in a postseason game, though they did it with just a bit more panache.
  • With Kris Bryant, Willson Contreras, Albert Almora Jr., Javier Baez, and Addison Russell penciled into the lineup, the Cubs became the first MLB team to utilize five starters under 25 years old to clinch the NLCS (also via MLB Stat of the Day).
  • If you want to talk postseason drought, the Cubs-Indians World Series will set a precedent for combined championship-less streaks, at 174 years between the two clubs (per ESPN Stats & Info).
  • Speaking of unpleasant streaks, there’s this: with the Dodgers’ loss in the NLCS, they’ve now gone to the postseason four consecutive times without participating in a World Series showdown. According to ESPN’s Buster Olney, that’s a first in major league history.


The Cubs clinch World Series berth with NLCS Game 6 win

CHICAGO, IL - OCTOBER 22:  The Chicago Cubs celebrate defeating the Los Angeles Dodgers 5-0 in game six of the National League Championship Series to advance to the World Series against the Cleveland Indians at Wrigley Field on October 22, 2016 in Chicago, Illinois.  (Photo by Dylan Buell/Getty Images)
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After 71 years, the Cubs are headed back to the Fall Classic.

The dominance with which Clayton Kershaw attacked the Cubs in Game 2 of the NLCS was nonexistent in Game 6 as the Dodgers’ ace loaded the bases to start the first inning and scattered five extra bases and five runs over five frames. By the time Dave Roberts pulled his starter in the sixth inning, Kershaw was sitting on a Game Score of 33, the lowest he’s mustered since the start of the 2015 season. Only one of his strikes came via curveball, and whether he was having difficulty locating his off-speed stuff or felt more confident with the fastball-slider combo, it was the fewest curves he’d seen land for strikes all year (per David Adler).

Where the Dodgers were able to give Kershaw the edge in Game 2, they found themselves powerless against opposing hurler Kyle Hendricks. Hendricks turned out 7 1/3 scoreless frames with two hits and six strikeouts, preserving the Cubs’ second shutout of the postseason and the first since they bested the Giants in Game 1 of the NLDS. After his 1-0 loss to the Dodgers early in the NLCS, seeing the MLB ERA leader turn out a gem was a relief for the Cubs, especially one as spectacular as an 88-pitch two-hitter.

With Hendricks effectively stymieing the Dodgers’ best attempts to get on base, the Cubs played to their strengths at the plate. Kris Bryant and Ben Zobrist cleared the bases in the first inning for a two-run lead, followed by a Dexter Fowler RBI single in the second. Willson Contreras came through in the fourth inning for the Cubs, lifting an 87 m.p.h. slider to left field for his first home run of October, while Anthony Rizzo hit his second homer of the postseason on a 1-1 fastball in the fifth.

Neither bullpen allowed a single run from the sixth inning onward. Dodgers’ right-hander Kenley Jansen took the ball from Kershaw in the sixth, scattering four strikeouts over three innings and denying the Cubs so much as a single baserunner through the end of the game. Aroldis Chapman, meanwhile, issued just one walk in 1 1/3 scoreless frames, inducing a Yasiel Puig double play to clinch the Cubs’ 17th franchise pennant.

With the win, the Cubs will face off against the Indians in Game 1 of the World Series on Tuesday at 8 PM EDT. And, in case you needed a reminder: