1. Welcome to SportsJournalists.com, a friendly forum for discussing all things sports and journalism.

    Your voice is missing! You will need to register for a free account to get access to the following site features:
    • Reply to discussions and create your own threads.
    • Access to private conversations with other members.
    • Fewer ads.

    We hope to see you as a part of our community soon!

Are the Feds now making mlb into a victim?

Discussion in 'Sports and News' started by The Big Ragu, May 19, 2008.

  1. digger

    digger New Member

    Like Fenian said, there's a big difference between "fair'' and ''legal''.

    As for your last sentence (If you cooperate, you get screwed ...) And if you don't do anything illegal, you don't get screwed. So it's ok for them to do something wrong, and mlb should help them cover it up, because they "cooperated'' (I wouldn't say the players union has "cooperated'' very much when it comes to this issue at all, ever) when mlb finally got around to trying to clean things up?

    And a new ethical question: is it smart for mlb making itself complicit in this illegal activity by helping to cover it up? Would it have been smarter to continue its hard line - that steriods are illegal and also bad for the players, and we have a right to drive it out of the game? I think they - eventually - could have won this battle, if they wanted to. So to me, mlb is kind of an accessory in this crime. Another reason their promises to the players don't really hold water.
     
  2. digger

    digger New Member

    You're punishing them for doing something illegal.
     
  3. The Big Ragu

    The Big Ragu Moderator Staff Member

    I've thought about that.

    And of course it is speculative -- just like it was speculative in 2000 or 2001 based on what I saw going on for me to say, "There is widespead use." It wasn't unreasonable speculation, though, which was always my point.

    Players might have seen it as no big deal to just stay on and know they were going to test positive, because there was no penalty... or a lot of players might have been concerned about testing positive because they didn't want the league knowing or they were afraid of leaks or problems down the line, such as this.

    My best guess would be that there had to be a lot of players who got off -- at least temporarily -- in anticipation of the tests, as well as players who were able to mask their use or somehow avoided detection. Plus, anyone just using growth hormone wouldn't have tested positive.

    I can't prove that there had to have been significantly more than 104 players using, but it it seems like reasonable speculation to me. Agree to disagree if you don't view human nature the same way.
     
  4. digger

    digger New Member

    I realize there are those areas - I'm saying, if they can get a search warrant, they should. If they can't, oh well, then they can't.

    And I don't think it's exactly "fishing'' if you can prove there is evidence of a crime that is available by going through those records. but that's exactly why you go to a judge and try to prove that the evidence is there. If the judge thinks it's "fishing'', he says no.

    (edited to change subpoena to search warrant. I'm an idiot.)
     
  5. 21

    21 Well-Known Member

    The Feds are trying to find/prosecute the distributors, not the players. But they need the players to do it.

    The Mitchell Report managed to find massive abuse of PEDs, but only a handful of peon distributors, ie McNamee and Radomski, neither of whom are the international drug mastermind type. It would be absurd to think the drug flow began and ended with two NY stooges...so they're looking for the bigger guns. The link to some other BALCO, or perhaps the former BALCO directly.

    It was nice of MLB to promise anonymity, but the Feds got the info on their own. and if they want to prosecute this, it's hard to see how MLB can stop them.
     
  6. digger

    digger New Member

    I'm not sure how you think evidence is gathered - it's all kind of something that's out there, and the police look at the crime, and try to figure out where they can find information that would prove who did it. This isn't any different really.

    And I'm pretty sure "right to privacy'' does not mean "right to do something illegal, then not allow the government to gain access to proof that you did something illegal''.

    And before we go too far with this, I'm not arguing that the government should be allowed to trample our rights . What I'm saying, is, that if they go through the process the right way, and a judge says, yes, you can look at these records, then fine. I'm actually more on the side of people's rights. But it doesn't seem unreasonable that they would want this information, especially if/when they have other evidence that supports what they're asking for. Like in BALCO, where Barry Bonds possibly tried to hide information from them.
     
  7. Boom_70

    Boom_70 Well-Known Member

    That does not make sense. The Feds had a search warrant to investigate a possible crime. It will clearly will hold up in court. Union made the mistake in the first place of aaggreing to the tests.
     
  8. digger

    digger New Member

    That's the other thing here, they're probably not even going after the players. The only thing the players are losing here is their "reputations''. Too bad for them. (sarcasm)
     
  9. MLB can't stop them from prosecuting. But it can force them to find other means of obtaining the evidence besides these tests. And it ought to do just that.
     
  10. Boom_70

    Boom_70 Well-Known Member

    I would be willing to bet that when the players peed in the cup they signed a waiver that absolved MLB and pplayers uniion from any responsibility.
     
  11. The Big Ragu

    The Big Ragu Moderator Staff Member

    Given that the union represents the players, not sure why they would sign a waiver absolving the union of anything. They'd be absolving themselves.
     
  12. 21

    21 Well-Known Member

    They got the test results without the help of MLB. They have a list of 104 names. Does MLB have the legal right to prevent the federal government from investigating evidence it obtained through legal means?
     
Draft saved Draft deleted

Share This Page