Meanwhile, in an alternate universe where the Barry Bonds prosecution was “a triumph” for the prosecution

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ESPN’s legal expert Lester Munson has been in love with the Barry Bonds prosecution for several years now. Specifically, the Barry Bonds prosecutors as well as the feds behind the BALCO investigation. And it has led to some pretty wacky analysis of that case on his part.

He was wildly incorrect about earlier evidentiary rulings. And he wasn’t merely mistaken about them. He was so awfully mistaken about them that it was clear to anyone who understood the issues that, the moment he wrote what he wrote, his take was simply incoherent. He likewise responded to the Bonds verdict in a manner that was so far outside of the mainstream that multiple legal experts thought he was smokin’ banana peels.  It’s one thing to simply have a different opinion about a case and its dynamics, but Munson’s takes have been the stuff of an alternate universe.

That trend continued late Friday night when Munson did a Q&A about the Barry Bonds sentence.  I don’t know what your take is on the prosecutors and the federal agents who spent nearly a decade and hundreds of millions of dollars going after a tiny drug operation with a tiny client list, but here’s Munson’s take:

… the prosecutors — who occasionally stumbled — rallied brilliantly at the conclusion of the Bonds trial and obtained the conviction for obstruction of justice and were one vote shy of a conviction for perjury. This outcome, even with the light sentence, is a triumph for investigative agent Jeff Novitzky and prosecutors Jeff Nedrow and Matt Parrella.

A triumph? Rallied brilliantly? It was originally an indictment of more than a dozen counts. They got whittled down to four. They whiffed on the three biggest of those and the fourth one stands an excellent chance of being overturned on appeal because it was clearly counter to the evidence. And what’s that stuff about “one vote shy of a conviction for perjury?”  A jury’s verdict is a pass/fail test. The prosecutors failed it. Close counts for nothing.

Of course, Munson doesn’t think this is an unmitigated triumph. He acknowledges that it didn’t all go perfectly. Why?

The problem that led to the conviction on only one count and a deadlocked jury on three counts of perjury was not the quality of the work of the agents and prosecutors. The problem was the refusal of Bonds’ personal trainer, Greg Anderson, to testify against him. For reasons that are not yet known, Anderson went to jail twice instead of offering evidence against Bonds. Anderson’s refusal to testify prevented the prosecutors from connecting Bonds to positive drug tests and other compelling evidence of Bonds’ use of steroids.

No, Anderson wasn’t there and, yes, things would have been totally different if he had been, I’m sure. But the unavailability of that evidence was a known fact for years before trial. Yet the prosecutors pushed on anyway. They pushed on knowing that they could not make an essential part of their case. This was awful tactical and legal judgment, yet Munson absolves the prosecutors totally. He makes it sound like they got blindsided.

All of that makes Munson sound like an apologist for the prosecution. But don’t worry, he’s not just an apologist. He is a cheap-shot artist, at least when it comes to the judge:

Q: The jury concluded that Bonds obstructed the investigation of the grand jury. Why wouldn’t the judge support the crime-fighting efforts of the grand jury by sentencing Bonds to the penitentiary?

A: The federal judge who presided over the Bonds trial is Susan Illston. She is a San Francisco Democrat and a bit of an enigma … It was one of many decisions made in the course of the BALCO prosecutions that indicated Judge Illston just didn’t get it … It was clear throughout the Bonds trial that Illston would rather be doing something else. The federal sentencing guidelines suggest a term of 15 months in prison. Illston ignored the guidelines and told Bonds he would be confined for a month in his mansion.

In other words, Munson is saying that Ilston was politically-motivated, dumb or simply didn’t care about her job. If one of the prosecutors in this case said these things they’d be in front of Judge Ilston on contempt charges. I don’t know if Munson still has an active legal license (UPDATE: He doesn’t, and for good reason), but lawyers are held to higher standards than others when it comes to criticizing judges and no officer of the court should ever be heard to say such things about a federal freaking District Court judge.

And decorum aside, on the merits, he’s just wrong. Lawyers who have practiced before Judge Ilston have a wildly different opinion of her.  And “sentencing guidelines?”  They are just that: guidelines. An important part of the judge’s job is to, you know, judge. Munson neglects to mention that Ilston followed the report and recommendation of the probation office to the letter. She took all information at her disposal into account before she sentenced Bonds. Munson would have her do something … less.

He then goes on to slam Ilston’s overall sentencing practices, wondering why so many of the BALCO figures got light sentences, and why the attorney who leaked the grand jury testimony to the “Game of Shadows” authors got two years. I suppose it’s possible Munson just doesn’t realize that perjury and obstruction are far less serious crimes than the leaking of grand jury testimony by an attorney in a case. But that interpretation — that he’s simply ignorant of the law — doesn’t exactly flatter Munson any more than one in which his take on this was a product of him being an anti-steroid zealot.

But that’s pretty par for the course with Munson. His take on this case has, from the beginning, been colored by his views on PEDs and the personalities involved. And that’s fine for anyone else who wants to opine on all of this. But Munson is supposed to be providing legal analysis of this stuff, and that analysis has been way, way off the mark as a result.

The only possible explanation for it is either rank incompetence (which I do not believe, because I’ve admired his handling of other sports-related cases in the past) or that his judgment is seriously clouded by his views of steroids in sports. He doesn’t like Barry Bonds. Great. No one really does. But the difference is that Munson has allowed that view to paint such a wildly misleading picture of the legal landscape in which that case resides, and in doing so, he has done a disservice to his readers.

Biden praises Braves’ ‘unstoppable, joyful run’ to 2021 win

Geoff Burke-USA TODAY Sports
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WASHINGTON — President Joe Biden said the Atlanta Braves will be “forever known as the upset kings of October” for their improbable 2021 World Series win, as he welcomed the team to the White House for a victory celebration.

Biden called the Braves’ drive an “unstoppable, joyful run.” The team got its White House visit in with just over a week left before the 2022 regular season wraps up and the Major League Baseball playoffs begin again. The Braves trail the New York Mets by 1.5 games in the National League East but have clinched a wildcard spot for the MLB playoffs that begin Oct. 7. Chief Executive Officer Terry McGuirk said he hoped they’d be back to the White House again soon.

In August 2021, the Braves were a mess, playing barely at .500. But then they started winning. And they kept it up, taking the World Series in six games over the Houston Astros.

Biden called their performance of “history’s greatest turnarounds.”

“This team has literally been part of American history for over 150 years,” said Biden. “But none of it came easy … people counting you out. Heck, I know something about being counted out.”

Players lined up on risers behind Biden, grinning and waving to the crowd, but the player most discussed was one who hasn’t been on the team in nearly 50 years and who died last year: Hall of Famer Hank Aaron.

Hammerin’ Hank was the home run king for 33 years, dethroning Babe Ruth with a shot to left field on April 8, 1974. He was one of the most famous players for Atlanta and in baseball history, a clear-eyed chronicler of the hardships thrown his way – from the poverty and segregation of his Alabama youth to the racist threats he faced during his pursuit of one of America’s most hallowed records. He died in January at 86.

“This is team is defined by the courage of Hank Aaron,” Biden said.

McGuirk said Aaron, who held front office positions with the team and was one of Major League Baseball’s few Black executives, was watching over them.

“He’d have been there every step of the way with us if he was here,” McGuirk added.

The president often honors major league and some college sports champions with a White House ceremony, typically a nonpartisan affair in which the commander in chief pays tribute to the champs’ prowess, poses for photos and comes away with a team jersey.

Those visits were highly charged in the previous administration. Many athletes took issue with President Donald Trump’s policies and rhetoric on policing, immigration and more. Trump, for his part, didn’t take kindly to criticism from athletes or their on-field expressions of political opinions.

Under Biden, the tradition appears to be back. He’s hosted the NBA champion Milwaukee Bucks and Super Bowl champion Tampa Bay Buccaneers at the White House. On Monday he joked about first lady Jill Biden’s Philadelphia allegiances.

“Like every Philly fan, she’s convinced she knows more about everything in sports than anybody else,” he said. He added that he couldn’t be too nice to the Atlanta team because it had just beaten the Phillies the previous night in extra innings.

Press secretary Karine Jean-Pierre was later questioned about the team’s name, particularly as other professional sports teams have moved away from names – like the Cleveland Indians, now the Guardians, and the Washington Redskins, now the Commanders – following years of complaints from Native American groups over the images and symbols.

She said it was important for the country to have the conversation. “And Native American and Indigenous voices – they should be at the center of this conversation,” she said.

Biden supported MLB’s decision to pull the 2021 All-Star Game from Atlanta to protest Georgia’s sweeping new voting law, which critics contend is too restrictive.