Baseball Toaster was unplugged on February 4, 2009.
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TV and more ...
1) using profanity or any euphemisms for profanity
2) personally attacking other commenters
3) baiting other commenters
4) arguing for the sake of arguing
5) discussing politics
6) using hyperbole when something less will suffice
7) using sarcasm in a way that can be misinterpreted negatively
8) making the same point over and over again
9) typing "no-hitter" or "perfect game" to describe either in progress
10) being annoyed by the existence of this list
11) commenting under the obvious influence
12) claiming your opinion isn't allowed when it's just being disagreed with
In the end, it almost never hurts to talk about things.
Thursday, baseball's policy on steroids underwent a bit of analysis by an independent body. That body happened to be the United States Congress, which is a little more intense than, say, having Bob and Bob review your job performance.
Congress imposed its will to get baseball's on- and off-field brass to attend its hearings, and in the end there wasn't much disputing that it was the government's right to do so as well. Does Congress have more important things to deal with? Of course - just like I have more important things to do than write about half the things I write about. But amid the misinformation, misdirection, evasion and senseless pontification, there was an undercurrent of legitimacy in the hearings boiling down to one simple question: Can baseball do better?
The answer appears to be yes.
Will Carroll covered the hearings admirably in two parts, here and here, so there's no need for me to pursue the details - many of which were hard on a brain eager for intelligent discussion. Baseball's new steroid policy is not as bad as many members of Congress insinuated - which is to say they argued it was a non-policy. And in fact, as much as some may want to criticize baseball for its tortoise-like reaction to the steroid problem, real progress is being made in terms of testing and sanctions.
That doesn't mean that baseball can't do better. Just because there are bottles of Two-Buck Chuck older than the policy doesn't mean it can't be revisited and honed.
Of course, it would be nice if someone at the hearings Thursday were able to tell Congress that it can do better too. Although the hearings were designed to be an information-gathering endeavor, many of the Congressmen had drawn their conclusions before the day began and were not about to be told that the drug problem in baseball is nuanced, not black and white. From Carroll's articles, it appears that many of our representatives are as willing to take science from the grieving parents of steroid-using suicides than from, well, scientists. There was a "you're with us" or "you're against us" atmosphere. Not that there wasn't some dodginess among those testifying, but there were times when straddling the fence was actually evidence of someone being thoughtful.
But overall, however inhibited the dialogue was, there was a dialogue. That's positive.
There's at least one more nagging problem, though, and it's big. You could say it's about the size of Mark McGwire.
Society does not buy into the Fifth Amendment, or as McGwire massaged it Thursday, the "I'm not here to talk about the past" amendment. You can say that the court of public opinion doesn't matter when it comes to the law, but the problem is we live in the court of public opinion. And Thursday, McGwire was sentenced to an indefinite term in public opinion jail.
What do we do about this? Is it possible to convince ourselves that a person can take the Fifth Amendment without being guilty? I wouldn't mind seeing a national town meeting on this issue. To accept someone's Fifth Amendment right in the spirit it is intended, society must make the conscious decision to strike not just the answer, but the question as well, from the mental record.
Obviously, there is a difference between real jail and public opinion jail, so the standards for conviction are going to differ as well. But as we all know, the public has the notorious ability for making rash and incorrect judgments. So does a non-answer really deserve to be judged on the same level as an admission? Is taking the Fifth a neutral response or not?
In the end, it almost never hurts to talk about things. But in the middle, it can be more than a little painful.
http://www.kesq.com/global/story.asp?s=3095350&ClientType=Printable
Does Congress have better things to do? Damn straight. Will they do them?
Not so long as there's a Terry Schiavo grandstand in front of...
http://tinyurl.com/4rdzt
... or a players' union to clout in front of the cameras.
McGwire took steroids once, he regrets it, he stopped using and later broke the HR record. Now, he would love to come out and say this, but I think he's afraid to do so. If only he WOULD come out and say it - in fact, he could lie and say exactly what I said above - that way his HR record stands and he can be a positive role-model to kids. He can go out and do his PSAs at that point, admitting guilt, being a man, and saying 'don't do what I did in the past'.
It will never happen, and sadly, McGwire's rep is now at the bottom of the barrel. :(
"I have never used steriods. Period. Never." - D.C.-area first baseman
The first lesson of D.C. politics is deny everything, and I think Mr. Palmeiro spun a whale of a tail in denying it all.
As did Mr. Sosa.
I don't believe either one of them. Not that it matters.
I don't like the argument some have used that liquor and drugs is just as important an issue. Yes, they all have serious health consequences down the road. But nobody drinks or uses drugs (with the possible exception of amphetamines, which I think should be tested for too) to enhance performance. They do take steroids for that.
I also don't like the argument that juicing is no different than the new surgeries we are using today since both can lengthen an athlete's career. The surgeries, like Tommy John surgery, is to correct an injury. If people were having the procedure done before an injury, that would be different. Are people making the point that steroid use is sometimes done proactively, rather than reactively? I'd be more willing to buy the argument then.
We seem to have them every 20-30 years.
In my view, just starting from the time of the ratification of the Constitution, the first one would have been the adoption of the Alien and Sedition Acts under the Adams administration. Then Jefferson tried to have Federalists impeached from the Federal judiciary for the simple reason that they were opposed to his policies.
It's continued off and on since then. We've gone off after Confederate sympathizers, Bolsheviks (WWI version), Communists (post WWII version), Japanese-Americans (WWII version), anti-Vietnam war protestors, pro-Vietnam war government officials, Iran-Contra, Bill Clinton's extramarital affairs, etc. etc. etc.
Sometimes Congress even investigates important matters.
But those aren't nearly as interesting to watch as seeing Mark McGwire and Jose Canseco under oath.
Mike Penner in the LA Times was criticizing Sammy Sosa for using an interpreter. No matter how well he can speak English, I wouldn't fault Sosa for wanting to have a backup when he's under oath in front of Congress.
Talking to Congress isn't like talking to the Baltimore Orioles beat writers.
I guess, we just differ on the ramifications of this. I don't see the slippery slope that you seem too. That's what's great about this blog, seeing all opinions.
Drug testing is also part of their contract. And the terms of it were negotiated by both sides. What Congress is doing is interposing itself into an employer-employee dispute that really doesn't affect the nation as a whole.
Jon, as far as the fifth amendment goes, the "spirit it was intended" is meant for a court of law. The rest of us in the general public can infer what we will - and for me it sure looked like a guilty plea.
I agree that communication needs to take place but it shouldn't be done by our elected officials. This is a baseball issue and not something Congress should ever get involved with.
Of course, one could ask, "Where was Congress when baseball created the designated hitter?" :)
Believe me, I rolled my eyes when I first heard about the Congressional hearings, cringed through most of what I watched yesterday, and wish the whole thing, if it were going to be done, had been done a million times better. I also wish subpoenas hadn't been involved in something that was not a criminal investigation - though perhaps there is a legal scholar out there who would tell me that Congressional subpoenas just for information gathering are common.
At any rate, even with all those caveats, I can't go so far as to say Congress has no place in this issue.
No. Next question.
I can. Jon, allow me to introduce the Tenth Amendment to the Constitution of the United States of America:
>>The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.<<
Does it say anywhere in there something about harrassing innocent ballplayers? I don't think so.
Congress' ability to subpoena and thereby damage our civil liberties is puny compared to the provisions of the Patriot Act. This part of the discussion rings false. The founding fathers anticipated the compromising position created by subpeonas with the 5th ammendment. How is this process so unAmerican? The bill of rights is probably one of the most originally American ideas.
If you want to rail against these people, rail against their anemic work schedule as legislators.
I can't disagree more with you on this unless it is your pick of the Giants for the Western title.
Also, "Think of the children."
I don't dispute that Congress has the right ot even the duty to put themselves into the debate. That said, it sure seemed like the only Congressman who came prepared for the hearings was Jim Bunning, and he was on the other side of the table.
I do think the program, particularly the penalties, has been watered down from what was announced in January. Where did this optional $10,000 anonymous fine come from? That's just walking around money for a lot of these guys.
That would shut them up.
Why doesn't Congress get involved in drug use on Wall Street? I understand its very prevalent.
Why single out baseball out of all the multibillion dollar businesses in the country?
What about the record industry or the movie industry? A lot more drugs are involved there than in baseball. This is a grandstanding farce.
On the other hand, there is a huge difference between the questions of "why single out baseball" and "do they have a right at all?" You really have to be able to make that distinction.
And what I'm saying is, they do have a right to hold the hearings. They have the right to waste their time on anything related to their lawmaking duties. I'm no Constitutional scholar, but I don't think the 10th Amendment applies. My only question was about the subpoenas, but look - if they didn't have a legal basis for the subpoenas, don't you think the subpoenas would have been challenged, in the same spirit that McGwire refused to answer questions about his past? It's not like the ACLU doesn't exist.
I understand the whole frustration that these hearings were held at all - but honestly, I think it's time to move past that. They were held. It's done. Now what?
2. How many kids grow up wanting to be like their favorite Wall Street employee?
3. I'm not advocating for Olympic testing.
4. I have no more time to waste...
And of course there was the Personal Responsiblity in Food Consumption Act. Its summary was
"To prevent legislative and regulatory functions from being usurped by civil liability actions brought or continued against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims of injury relating to a person's weight gain, obesity, or any health condition associated with weight gain or obesity."
I don't think it got past the Senate however.
Maybe in a different time I wouldn't be so adamant about Congress not getting involved in the Steroid issue. When a war is going on, it is just pathetic.
presented in the doc, including that of the PRFCA that Bob mentioned.
Okay, off the high horse now; sorry for the tangent.
Congress also does not have the right to get in the middle of collective bargaining agreements when there is not an impasse. This was Congressional grandstanding at its absolute worst. And the Enron comments were a farce. Nobody lost their retirement or life savings because McGwire and Canseco were on steroids. You want to investigate something? Investigate the Tribune Company scalping its own tickets. Investigate the use of public funds for private stadia. Investigate the politicians who subvert the will of the public (like the ones who got voted out in D.C. but still pushed forward the stadium for the Nationals). Oh, and isn't Congress in charge of D.C.? What a joke.
Again, I can understand people's frustration with Congress - but I feel like saying, "Okay - I get it." I sort of feel like the same point is being made over and over again.
It's unlikely that members of Congress would subject each other to harsh questioning in public.
Here's what now... Within 3-5 years, there will be a global protocol to which all sports, scholastic, amateur and professional, will be asked to subscribe, which will absolutely bans players from a sport if there are three violations of the no-steroid rule. An international organization will be formed to monitor compliance. Like computer virus hunters, there will be professional scientists whose whole job will be to determine tests to identify newly created chemical enhancements. A "big brother" regime will begin following athletes in high school if not earlier.
Some people who strive to be the best in a sport (a group I have never belonged to) seem to believe it's a matter of personal privacy. But sports is a contract between the performer and the observer. As lame as the Congressional hearing was, there is no question that the politicians involved were responding to overwhelming public opinion in their favor.
It is sad that McGwire is going to be the poster boy for this societal shift, because McGwire is a nice guy and was a great player. But, as Baretta used to say, if you can't do the time, don't do the crime. He apparently did it, used steroids, and can't hide it even as he doesn't formally acknowledge it.
The new regime will deter some people with athletic talent from becoming athletes, just as scrutiny of the government has deterred some smart people from running for office. Oh well.
Now...what about Barry?
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