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Wednesday, August 26, 2009
Not only was the leaking wrong . . .. . . but so too was the seizing of the list in the first place:
A federal appeals court has ruled that investigators were wrong to seize a list of 104 Major League Baseball players who tested positive for performance-enhancing drugs during the 2003 season. The 9th U.S. Circuit Court of Appeals ruled Wednesday that federal authorities had the right to take only the results of the 10 players listed on their search warrant. Federal agents took the larger list players during 2004 raids in connection with their probe of the Bay Area Laboratory Co-Operative, later found to be at the center of a steroids distribution ring.
It was already ridiculous and ignorant for people to call for "all the names to be released." Now it's even more ridiculous.
Posted by Craig Calcaterra at 2:19pm
So what’s next? And what are the consequences? Can someone just destroy the damned list already?
Posted 08/26 at 02:24 PM
Moshe Mandel said...
Craig, ur sooooo stoooopidddd!!!!! These players are evil!! We deserve the truth!!!! The good of the game!!!!
Now that that is out of the way, I echo Alan. What next? Can the list be taken back or something, or is the cat out of the bag?
Posted 08/26 at 02:39 PM
I have to think we’re past the point where the list can just be destroyed.
For one, it’s no longer an anonymous test. It’s a list, with names associated to test results. Once the anonymity was compromised, that was it.
Two, I’m not sure if there’s a way to figure out every person who read the list. That’s important, because it only takes one anonymous but in-the-know jerk with prior access to a copy machine and a contact at TMZ to make the entire list public.
Three, the players should at least have their presence on the list clarified so that they may defend themselves against blackmailers/TMZ/Plaschke blowhards. The Union failed the players here, and that’s the least they can do to make it up to them.
But hey, maybe everyone’s working off that goofy false list that came out a few months back. Then everything I said is moot.
Posted 08/26 at 02:59 PM
At this point, just release the entire list…...Sure, there were a couple days of mud slinging as each persons name was released, but they kinda deserved it. What is everyone afraid of, that Albert Pujols is on that list (I’m sure he is)? Besides, how fair is it for the guys who have already been outed that everyone else gets off free?
Look, for all the talk about steroids and PEDs not being against the rules of the game….its BS, they are illegal to own, distribute, or use in the US and Cananda….which makes them against the rules of baseball.
What has cracking down on these guys done? Geez, look at the stats, HRs are way down, guys are throwing 84-85 mph…...a far cry from a pack of guys having 50+ HR at this point, hitting 400ft HRs off the end of the bat, or handle of the bat, with every guy throwing 92mph+.
Posted 08/26 at 03:29 PM
Craig Calcaterra said...
Capper: to save me the typing time:
Posted 08/26 at 03:31 PM
Oh, I see….because someone here wrote an opinion that the list shouldnt be released….that should be the end of it?
Posted 08/26 at 03:33 PM
Whoever has been leaking the list has already knowingly and repeatedly been committing a Federal crime, so I doubt they can be convinced to just turn over the only copy they’ve got and be done with it.
What will stop the leaking, however, is consistent, proven willingness of the justice system to actually pursue this issue and prosecute the offender to the full extent of the law (i.e., pound-you-in-the-*** prison). In that light, this was a good step.
Posted 08/26 at 03:37 PM
Craig Calcaterra said...
Capper: You could snark about my authority to decide the issue, or you could engage the arguments against releasing the list.
Posted 08/26 at 03:39 PM
Capper: you might consider reading rather than talking for a change. The link is where the whole discussion was hashed and rehashed.
The FACT is that leaking or in ANY WAY revealing “the list” is a CRIME. You may think that your concept of “cheating” is bad enough to justify a Federal offense, but it doesn’t.
Posted 08/26 at 03:42 PM
I’m not “snarking your authority”, I’m disagreeing with your opinion on the matter.
As to my reasoning, I think I explained my point of view in my initial post.
Posted 08/26 at 03:42 PM
Capper, there has been a TON of intelligent discussion around here about the reasons why that list cannot be released to the public. While it may be easier to just “rip the band-aid off” rather than go through this slow leaking of the names on the list it just simply isn’t legal. Read the link that Craig provided.
Posted 08/26 at 03:46 PM
“Capper: you might consider reading rather than talking for a change.”
Blow me. Seriously, I notice anytime someone dissents with the status quo around here the little comments start.
I dont consider it “cheating” I consider them drug users who broke the law themselves, and when we are supporting these people, we have a right to know…...not to fill up articles, but so we know where these people stand in the history or OUR GAME.
You guys sound like Bud Selig, lets make any excuse we can to make this go away. We knew it was happening, but baseball was so much fun! Consequences be damned.
Posted 08/26 at 03:47 PM
One more question: If the feds appeal, they’d have to take it to the Supreme Court next, correct? What are the odds the Supreme Court would hear it? (I guess that’s two more questions, sorry. And I apologize for my ignorance.)
Posted 08/26 at 03:49 PM
Considering its the 9th U.S. Circuit Court of Appeals, I think the Supreme Court would hear it. Those guys are over the top liberal loons.
Posted 08/26 at 03:52 PM
Alex K said...
Capper- Just because they broke the law doesn’t mean the law should be broken again. Two wrongs don’t make a right.
Posted 08/26 at 03:56 PM
@Capper: Calm down, cowboy. Please don’t take criticisms to your initial point as personal attacks. People want to engage you in discussion here, not oral stimulation.
Posted 08/26 at 03:57 PM
At present, releasing the List would be a crime as it is sealed by the courts pending review. I get that.
The thing is, the players whose privacy was violated by the List (which, again, is no longer an anonymous test) should at least be given the opportunity to clarify their status so that they can defend themselves. As long as the List exists and people with low moral standards have knowledge of it, those players’ collective privacy remains in peril.
When this is all said and done, the Union (which has knowledge of the List and initially failed to prevent the List’s creation from the anonymous test) should at least let the players on it know where they stand.
I felt terrible for David Ortiz a few weeks ago when he held that press conference at Yankee Stadium saying, “I don’t even know what’s going on.” He’s right to not muck up the court proceedings, but his integrity is questioned and he cannot fight back without knowing how he’s represented on the List. He should be given the right to know where the Union has forced him to stand.
Posted 08/26 at 04:03 PM
Now, THAT, friends, is how you write an oxymoron!
Posted 08/26 at 04:07 PM
Alex K said...
They being the players that took illegal drugs.
Another thing is that it’s possible not all of the positive test were for illegal drugs. Some of the positives could be from legal supplements that were banned by MLB.
Posted 08/26 at 04:16 PM
What would happen if the MLBPA advised everyone who was tested in 2003 (regardless of the test results) to come forward in one, massive press event and have each and every one proclaim “I’m Spartacus! No, I’m Spartacus!” Would that be actual wrongdoing, mucking the waters beyond recovery?
Destroy the list, every copy.
Posted 08/26 at 04:18 PM
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