Friday, March 11, 2005

UPDATE: Mighty Casey Goes to Washington:

So, the battle between baseball and Congress continues, but it may not be much of a battle, after all. People have lined up on both sides, some praising Congress for taking the initiative to clean up baseball, others crying foul for legislators interfering where they should not, in the stead of more pressing national concerns. Curt Schilling, Frank Thomas and Jose Canseco have agreed to testify, as have Donald Fehr and Rob Manfred, the union chief and baseball's executive vice president, respectively.

Baseball officials have realized they cannot win this battle and are reportedly negotiating a compromise to protect many of the players. The deal may include changing the roster of players to testify, in hopes of keeping the game's biggest stars from having to testify under oath. In response, baseball would agreed to adopt a more comprehensive testing policy. Unless the scope of the investigation is narrowed, baseball has vowed to fight the inquiry.

As for the subpoenas themselves, no one is now seriously questioning their legality. The more pressing issue seems to be immunity. Jose Canseco has requested immunity and other players may follow suit. At this point, the committee has said it has no plans to offer immunity, but it could be included in the deal. If players are granted immunity, then their statements cannot be used against them in a criminal case. A prosecutor would have to prove that any charges brought were based on other evidence independent from the congressional testimony. Giving the players immunity would mean that they could not claim the 5th Amendment privilege against self-incrimination.

Another question has no satisfactory answer: What about Barry? Surprisingly, Barry Bonds was not subpoenaed, despite the widespread speculation that he may have used performance-enhancing drugs. Committee chairman Tom Davis (R-Va) said that Bonds was not invited because his presence would be a distraction. Good thing he is thinking -- I would hate for this to get any media attention. So what is the real reason?

Stay tuned for more in the next few days....

0 comments:

Post a Comment