One of the minor annoyances of this week’s Republican Fail Parade has been that nobody had time to pay attention to the collapse of the Roger Clemens perjury trial:
Well, isn’t this special?
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One thing upon which you can always depend. Once the prosecutorial powers-that-be get their teeth into a good, juicy drug frenzy, most of what limited concern they have regarding the Bill of Rights, and the superstructure of guarantees regarding due process and the presumption of innocence, and the various rules of procedure and evidence matter far less to them than leaking to the media and hanging an important head on the wall, too…
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This whole business has been a waste of time and money and good bloviation, almost from jump. The renegade IRS agent who started the whole thing already got whacked around by a judge worse than the government did by Reggie Walton. The congressional hearings never should have happened at all, and they were a farce when they finally did, and having this whole kabuki armageddon come down to a badly designed perjury trap aimed at catching giant intellects like Roger Clemens in a clever web of words was the final punchline. Please, god, can this go away now?
In a subsequent post, Charlie Pierce adds:
If you were planning to Eddie Cicotte your own prosecution, you couldn’t have found a better way to do it than to include in your opening statement material the judge already had told you that you couldn’t use. This Blog leaves it to the lawyers in the audience as to how unprecedented it is to have the government’s case thrown out after approximately five sentences at trial.
Since I am not a sports fan, I had to look up Mr. Cicotte (that’s one reason I read Pierce — he’s instructive!), but that was also my first thought when this denoument was announced, breathlessly, on the local teevee news. When there are so many life-or-death projects Republicans like Cantor, Boehner & McConnell are telling me we can’t afford, why are we wasting hundreds and thousands of tax dollars for a quasi-religious ritual intended to scapegoat a millionaire gladiator as demonstration of our obeisance to the War Against Some Drugs?
SiubhanDuinne
Jim Morin is an awesome drawer. Those are some kinda great caricatures of the GOP triumvirate.
Yay, first!
birthmarker
Agree-love the cartoon! Esp. Boehner’s tears…
Served
New fucking rule:
If you bring someone in for a face-to-face interview, you should be legally required to inform them when you’ve made a hiring decision, whether it’s that person or not.
Cacti
When it’s all over, probably the only baseball player who will be convicted is Barry Bonds…
The black guy.
Go figure.
JPL
Anne, If an athlete took performance enhancement drugs and said the same thing while being black, would you still want to ask why we are spending so much money. I’m not accusing you of anything but Bonds was big news while folks like Clemens were ignored. The prosecution errors were so egregious, I wonder if they weren’t intentional. Roger lied and the charges will likely be dismissed while Bonds will always be tainted. Personally, I don’t think it’s fair.
EDIT..well darn now Cacti beat me.. Teach me not to be so wordy..
Mike Kay (Democrat of the Century)
To think a couple of weeks ago Anne Laurie predicted McConnell would win because Obama didn’t know how to negotiate.
Nice goin’ Anne.
Instead it was like Dog Day Afternoon.
Obama waited them out, like the calm, cool FBI agents did, and now he’s leading them to airport to lay the coup de grace.
SiubhanDuinne
Boehner’s tears, Cantor’s sneer, McConnell’s wattle . . . .
Tom Q
1) Roger Clemens is an asshole, but
2) The whole case was a witchhunt I’m glad was tossed, and
3) If you want to know about Eddie Cicotte, take a look at the great David Strathairn’s performance in Eight Men Out.
Trurl
http://www.salon.com/news/opinion/glenn_greenwald/2011/07/15/somalia/index.html
The Dangerman
Not condoning Clemens, who may get off clean on Double Jeopardy, but he was just juiced; Bonds, from available evidence, was JUICED. Dude was an All-Star already, but had to turn himself into a freak.
opal
I had to look up Roger Clemens.
Bobby Thomson
Not Pierce’s finest hour.
Cacti
By invoking Eddie Cicotte, is Mr. Pierce suggesting the prosecution threw the case?
To borrow a baseball metaphor, it sure does seem like a bush league mistake to mention excluded evidence in your opening statement.
piratedan
@Tom Q: agree Strathairn is a very good actor, loved him in Sayles’ Matewan too.
machine
$5 says that the prosecutors intentionally tanked it in order to get a better jury the next time around.
burnspbesq
It is important to keep in mind the crime that Clemens is alleged to have committed is one that we all have a strong interest in deterring, regardless of whether you think it’s OK for athletes to make their competitions fundamentally unfair by taking performance-enhancing drugs.
Clemens was indicted for lying to Congress, not for any drug-related offense.
Anybody want to reconsider their earlier statements?
SiubhanDuinne
@opal #11. LOL
JPL
Well imo there is one person who thinks that Clemens is juiced… Mike Piazza. Does anyone here remember that episode?
burnspbesq
@machine:
I’ll take that bet. There’s no assurance they will do better next time. The jury pool in DC is what it is.
burnspbesq
@JPL:
Yes. One of the stranger things ever witnessed on a baseball field. Clemens was always wired a little on the tight side, a pitcher with the mind of a linebacker.
The Dangerman
The Piazza episode was crazy.
One final Bonds thought; it is sad irony that one of the most juiced players lost the World Series to one of the most juiced teams ever (Angels, who weren’t angelic over their pharmaceutical use).
RossInDetroit
So that’s where Charles Pierce is. I’ve read him in Esquire from time to time and loved his politics pieces. Too bad I don’t follow sports. I like his writing.
MaximusNYC
***THIS IS AN EMOSPHERE POUTRAGE ALERT***
Obama has reportedly chosen someone other than Elizabeth Warren to be the permanent head of the CFPB (probably her deputy).
She is the *only* person in the world qualified to run this agency, so clearly Obama wants it to fail, and her rumored interest in running for Senate in MA is irrelevant.
(I am only lightly paraphrasing comments I just read over at the Great Orange Satan.)
***THIS HAS BEEN AN EMOSPHERE POUTRAGE ALERT***
Cacti
The splintered bat incident, or the time where he beaned him in the head and could have ended Piazza’s career or possibly killed him?
Classy guy that Roger.
Jimperson Zibb (formerly Duncan Dönitz, Otto Graf von Pfmidtnöchtler-Pízsmőgy, Mumphrey, et al.)
Eddie Cicotte… I always felt bad for that guy. Charles Comiskey, who owned the White Sox, put a clause in Cicotte’s 1919 contract that said Cicotte would get another $10,000 that year of he won 30 games. Toward the end of the year, Cicotte was bearing down on 30, and Comiskey had the Sox’s manager bench Cicotte for 2 weeks. Cicotte missed a bunch of starts and ended the year with 29 wins. Comiskey then told Cicotte he hadn’t earned the bonus. That might have been why Cicotte went along with the scheme to throw the World Series to the Reds. Comiskey was always a shitty owner to play for; he did everything he could to screw the players out of every last penny while he made pots of money owning the team.
James E. Powell
The opinion of just one lawyer with 20 years experience doing trials.
When I first read a description of what happened, the thought that the DA threw the case came to mind. But there are other ways that could have been done without having the word ‘dumbass’ permanently etched on your resume.
Upon reflection it seems to me that this was a minor to medium screw up that would normally have not resulted in a mistrial. DAs are used to playing on a field that is tilted in their favor. This causes them to be sloppy at times.
What struck me is that the defense attorneys did not interrupt with an objection, the judge did. My conclusion, inference from experience, is that the judge believed this was a shit case, maybe even a miscarriage of justice. At the first opportunity to slam the DA, the judge dumped the case. That is very unusual.
JPL
James, I might agree with the judge except it is possible that Roger lied and it is possible that he might get off because of double jeopardy. I think the DA was careless but it appears someone didn’t want Roger to be tried. The guy is/was a lose canon from bar fights to beaning and trying to kill players..imo…just my opinion.
JPL
If the case is thrown out, Roger will be in the hall of fame but Rose won’t and Bonds won’t. Something is wrong with that.
edit..imo
James E. Powell
And another thing.
Roger Clemens, who is an asshole, is on trial for allegedly doing the same thing that Rafael Palmeiro did: lying under oath about whether he used steroids.
Rafael Palmeiro, former player for former president George W. Bush’s favorite team. In his book Juiced, Jose Canseco named Palmeiro as one of the players he personally injected with steroids.
March 17, 2005. Palmeiro testifies under oath that he never used steroids.
August 1, 2005. Palmeiro is suspended when he tested positive for steroids.
November, 2005. The house committee before which he testified decides not to prosecute him.
As Bette Midler sang, You gotta have friends.
Martin
FTFY! Doubly so because of Clemens. If he’s found guilty, may the punishment be that every MLBer who played the game from 1984 to 2007 get to throw one baseball as hard they can straight as the Rocket’s head from 60’6″.
And part of the reason why Congress cares about shit like this is that’re responsible for the monopoly of pro sports. In a sense, they own part of whatever problems pro sports have because MLB exists in the manner it is due to an act of Congress.
Oh, and just a reminder: Robert Shaw was fantastic in Jaws. Made the film. That is all.
Jamie
Of all of the people who lied to congress over the last 30 years they picked Clemens…wow. I’m glad the judge tossed it and I don’t even like Clemens
The Dangerman
No one remotely involved in the steroid era, proven or only suspected, goes into the Hall, Clemens included.
Martin
Indeed. But Rose knows how to redeem himself.
lol
Raj Date would be an excellent choice.
Suffern ACE
@MaximusNYC: They floated Raj Date as the candidate weeks ago. It’s too bad that she wasn’t going to pass, but doesn’t the Bureau need a director?
opal
@piratedan:
I’ve always loved Strathairn’s work.
Alphas could develop into a decent series if SyFy doesn’t fuck it up.
PurpleGirl
Served @ #3
I’m assuming you were up for job and didn’t get it. I’m sorry and I understand the feeling. I don’t think, though, that any company will allow something like that to pass — you know, too much regulation. privacy, who knows what other crap reasons would be given. The lobbying effort against it would be huge.
Anne Laurie
JPL:
Yes, I would, although apparently Our Governmental Jocksniffers didn’t “accidentally” get their case against Bonds thrown out of court, did they? I don’t pay attention to sports, but I do pay attention to The War Against Some Drugs, which is the only reason this new mishegas caught my eye. Using taxpayer dollars to chase after people who play games for a living because they are willing to risk their health pursuing dubious chemical fixes is criminally stupid, and if the African-American players are being punished more severely than their white fellows, it’s (predictably) racist as well as stupid.
Burnspbesq:
Clemens, if what I’m reading is correct, got “caught” at the end of an incident string involving misconduct by an IRS agent. Since IANAL, I can’t parse the fruit-of-the-poisoned-tree argument, but I have no more respect for “Wellbut he lied in response to a question he shouldn’t have been asked in the first place! !” in this instance than I did when Jonah “Doughy Pantload” Goldberg made his career selling the same pap during the Clinton/Lewinsky fooferah. As an outsider, I believe that the Majesty of the Law can only suffer when this kind of debate-team rules-playing is used in an attempt to scavenge some kind of “punishment” against defendents whose real crime is “being representative of some group The Ruling Elite wishes chastised.”
Martin
Yankee fan. They’re all assholes.
Martin
Huh. That’s a policy where I work. Not only am I required to notify everyone that I interview when they are no longer in consideration for the position, I’m also required to notify everyone who applied when they’re no longer in consideration for the position.
Anne Laurie
We already had that discussion two thread back… troll.
MaximusNYC
Wow, guess I should have made my sarcasm re: Elizabeth Warren more obvious?
Of COURSE she is not the only person qualified to run the agency. But in certain quarters she has become the latest Progressive Hero who can magically fix everything that Evil Corporatist Obama has corrupted.
I didn’t see the earlier thread, and I didn’t see the subject mentioned on the front page.
burnspbesq
Reggie Walton is a highly respected judge. IIRC, he presided over the Scooter Libby trial. I don’t recall too many folks around here having too many issues about how he presided over that trial, and I don’t have any issues with what he did here. Even dumbfucks like me, who have only ever tried cases in the U.S. Tax Court, know that when a motion in limine is granted, you don’t try to use the evidence that was excluded.
James E. Powell
Whenever I think about getting worked up about some person charged with lying to congress, I remember all those tobacco company executives. Then I think about pretty much every administration since I’ve been following the news. Then I think that maybe lying to congress is one of those things that congress itself has concluded is not a crime unless it is done by a Democratic president who got a blowjob.
burnspbesq
I sometimes get the feeling that I am the only regular around here who was passionate about “Friday Night Lights.”
In case I’m wrong about that, here’s a link to a great little oral history of the best TV show since “Hill Street Blues.”
http://www.grantland.com/story/_/id/6766070/clear-eyes-full-hearts-lose
piratedan
@burnspbesq: matter of opinion, my vote goes to The Wire, but ymmv.
lol
@42
She’s the only person who can run the agency…
which is why the Professional Left lobbied heavily to get her to run for Senate.
jenn
Huh. Gotta disagree – to me, this is not a War on Drugs issue. I think performance-enhancing drugs in sports *is* a big deal, and I think lying to Congress *is* a BIG deal.
Mike Kay (Democrat of the Century)
James E. Powell,
Interesting take.
Why would the judge think it was a shit case, it was pretty clear Clemens lied during his testimony?.
Mike Kay (Democrat of the Century)
Often times tee vee shows don’t become popular until the hit syndication. For example “The Odd Couple” never did well in it’s original run and was canceled after only 5 seasons. In syndication it blew up. More recently, the same thing happened to “Family Guy”. It was actually canceled after it’s 3rd season but became a run away hit in syndication, so much so, that Fox brought it back to life.
Origuy
A while ago, I posted a note about PAWS for San Jose Animal Care Center looking for funds to build more display cases for rabbits up for adoption. Right now, they need help.
Ruckus
burnspbesq
I get your point about lying to congress, what about when
congressthe government lies to us? It’s OK because they are not under oath? It’s OK because they are politicians?And no I would not want to reconsider Clemens getting off. The whole thing a gigantic waste of time and money from the getgo. We have a lot more important things to occupy congress with. And the lawyers who are supposed to actually follow the rules of evidence at trial brought this upon themselves. The defense didn’t even have to object, the judge did it for them. The whole thing is/was a farce.
You want rule of law? Then demand that lawyers do their jobs properly first. Don’t put this on the defendant.