Barry Bonds

The Absolute Worst Of The Terrible Arguments For Putting Barry Bonds In The Hall Of Fame

/ Jack Marshall / 33 Comments

815-Baseball-Hall-of-Fame-CEvery year at this time, I issue commentary on the “steroid-users in the Major League Baseball Hall of Fame” controversy. I’m not going to disappoint you this year.

Today the Hall will announce who the baseball writers deemed worthy, and, as usual, the acknowledged steroid cheats with Hall of Fame statistics will be resoundingly rejected. I don’t feel like revisiting this subject in depth again right now: I have done so before, many times. However, yesterday I nearly drove off the road listing to MLB radio commentators Casey Stern and Jim Bowden, supposedly baseball experts, give their reasons for voting for the entire range of steroid cheats, from Barry Bonds and Mark McGwire to Roger Clemens and the despicable Alex Rodriquez.

Baseball’s Hall of Fame, alone among the sports Halls,  includes ethics in its criteria for entry: a player must exhibit sportsmanship, integrity and have been a credit to the game. The average sportswriter who votes for candidates is about as conversant in ethics as he is in Aramaic, leading to an endless debate involving every rationalization on the list and  analogies so terrible that they melt the brain.For example, I constantly hear and read that the evidence that Barry Bonds used steroids is “circumstantial” so it is unfair to tar him as a steroid user. Such commentators don’t know what circumstantial evidence is. Criminals can be justly convicted beyond a reasonable doubt by circumstantial evidence, which is also known as indirect evidence. Direct evidence, if believed, proves the existence of a particular fact.  Circumstantial evidence proves facts other than the particular fact  to be proved, but reason and experience indicates that the indirect evidence is so closely associated with the fact to be proved that the fact to be proved may be fairly inferred by existence of the circumstantial evidence. There is direct evidence that Bonds was a steroid-user, but the circumstantial evidence, as the well-researched book “Game of Shadows” showed, is so voluminous that it alone is decisive. Literally no one thinks Bonds is innocent of using steroids. [You can read my analysis of the case against Bonds here, here, and here.]

Stern and Bowden, however, claim that it is unfair to refuse the honor of Hall of Fame membership to suspected steroid users because it is inevitable that some players who used steroids and were never caught or suspected will make it into the Hall, if there aren’t such undetected cheat in the Hall already. Continue reading →

Unethical Essay Of The Month: “Richard Sherman And The Plight Of The Conquering Negro” By Greg Sherman

/ Jack Marshall / 63 Comments

In case you missed it, being one of the Americans who has decided not to subsidize young men permanently crippling their brains to slake our blood-lust, the NFC Championship game yielded an instant classic moment.  Star Seattle cornerback Richard Sherman first mocked San Francisco wide receiver Michael Crabtree, whom he had just bested, then set a new high for post-game jerkdom when he screamed into the camera during a post-game interview,

“I’m the best corner in the game! When you try me with a sorry receiver like Crabtree, that’s the result you gonna get. Don’t you ever talk about me. […] Don’t you open your mouth about the best or I’m gonna shut it for you real quick.”

I understand that the player was excited and jacked-up over his play and his team’s victory, and I assumed that once he calmed down, he would regret bombarding poor Erin Andrews with a macho rant when she asked a straightforward question. Nonetheless, when you act like that on national television, you are going to get criticized no matter who you are or what the justification. (Sherman apologized later.) Ah, but if you are in the white guilt and race-baiting business, even such an open-and-shut case as this becomes fodder for dark pronouncements about America’s racist culture. And so it was that over at the sports site Deadspin, Greg Howard announced that Sherman’s foolishness wasn’t being mocked far and wide because it was rude, arrogant, uncalled for and certifiably strange, but because he is black.

Wrote Howard, in part: Continue reading →

The Alex Rodriguez Suspension, Barry Bonds, And The Slippery Slope

/ Jack Marshall / 11 Comments

New York Yankees' Alex Rodriguez stretches before American League baseball game at Fenway Park in Boston

In a decision that further defines major league baseball’s cultural standards regarding performance enhancing drugs and the players who use them, New York Yankee Alex Rodriguez was suspended for the entire 2014 season and post-season by an arbitrator yesterday. Rodriguez, a long-time superstar who was once considered a lock to break baseball’s career home run record, and who is the highest paid player in the game, was suspended for illicit drug use without testing positive under the game’s union-negotiated testing system. He was, instead, suspended for a violation of the player’s Basic Agreement under baseball management’s right to police the game and do what is in its best interests.

The evidence that Rodriguez was a flagrant and long-time steroid abuser came from documents obtained from Biogenesis, a lab that developed drugs for athletes and others, as well as convincing testimony. Rodriguez had challenged the suspension in a grievance procedure after MLB handed down a 211 game suspension during the 2013 season. The arbitrator’s ruling, which is confidential, apparently concluded that the player not only cheated, but obstructed efforts to enforce baseball’s intensified anti-drug measures in the wake of the wide-spread use of PEDs in the 90’s and thereafter.

As expected, the result produced the usual complaints and rationalizations from the disturbingly large contingent of baseball fans and writers who remain obdurate regarding the offensiveness of steroid cheating, claiming that it was “a part of the game,” that the objections to it are inconsistent, and that baseball’s vilification of users is hypocritical. They had been practicing these and related arguments for months as they waited for the baseball Hall of Fame voting results announced last week, in which about 65% of the voters showed that they regarded steroid use as a disqualification for the honor, even when a player-user had excelled on the field. Rodriquez’s defeat deeply undermines the cause of the steroid defenders, and the likelihood that their argument will ever prevail. Continue reading →

Here’s The Ethics Lesson From The Hall Of Fame Voting Results Tomorrow…

/ Jack Marshall / 5 Comments

HOF

And that lesson is: sportswriters have no clue when it comes to ethical analysis, or any other kind of analysis, really.

Tomorrow the results of the Major League Baseball Hall of Fame voting will be announced, and those former stars receiving at least 75% of the vote will be officially enshrined as immortals. Every year before the steroid era, the voting was preceded by weird arguments that made no sense, like the one about whether a former player should be a “first time electee.” Some writers would concede that a given player was great enough for the Hall, but not vote for him because “he wasn’t good enough to get in on the first ballot.” This was, and is, ridiculous, and unfair. The question is, “Was this player great enough to deserve enshrinement, when the standards are unchanging?” It’s a yes or no question. “Maybe next year” is not a valid answer.

Thus I suppose that it should be no surprise that these same clods, faced with some really difficult ethical lines to draw in the wake of the so-called steroid era, show themselves to be not merely dunces, but ethics dunces as well. I just heard a sportswriter, Marty Noble, tell a baseball talk show that he won’t vote for any player about whom there is any question whatsoever regarding whether he cheated with steroids, including doubts based on rumors, whispering campaigns, looks, suspicions and drug tests. But he still voted for some players, he says. Well, that’s just wrong, by his own standards—he can’t be 100% sure about anyone. He also said that while he can vote for up to ten players, and agreed that there are more than ten players this year who have strong Hall credentials, he’s only voting for three. Why? Because, he says, the induction ceremony is too long.

Yes, he’s an idiot. Continue reading →

Ethics Dunce: ESPN Blogger David Schoenfield

/ Jack Marshall / 26 Comments
...reason is emotion, and emotion is reason...

…reason is emotion, and emotion is reason…

Every year about this time, a large group of baseball writers, not to mention fans, expose their ethics and analytical deficiencies by making terrible arguments for admitting steroid-using stars of note into baseball’s Hall of Fame. The voting for the Hall is going on now, you see, and this year a bumper crop of candidates were either proven steroid users or reasonably suspected of being so.

Also every year at this time, I pick one of those ethically-challenged writers as an Ethics Dunce. This year, the winner is ESPN’s David Schoenfield, by virtue of a sentence near the end of a recent post in support of Frank Thomas and Edgar Martinez, neither of whom are on the Performance Enhancing Drug suspicion list, as Hall of Fame candidates. Schoenfield wrote,

“The PED disagreements are all about emotion (“Cheaters!”) versus reason (“It was part of the game in that era, we don’t know who did what, etc.”).

Talk about a big, fat, hanging curveball over the heart of the plate! Continue reading →

Ethics Corrupter: Yankee Third Baseman Alex Rodriquez; Ethics Dunce: Yankee Manager Joe Girardi; Disgraced: The New York Yankees

/ Jack Marshall / 19 Comments
Corrupted!

Corrupted!

Today, Major League Baseball announced that it was suspending Alex Rodriquez, the New York Yankees aging superstar, for the remainder of the 2013 season and the 2014 season for  using banned performance enhancing drugs, and impeding baseball’s investigation of his cheating. This was the climax (but not the end) of a long, drawn out, messy process and investigation involving a sleazy Miami drug lab, called Biogenesis, now closed down, which had records indicating that many professional baseball players had obtained banned substances.

Former National League MVP Ryan Braun (who I keep calling “Steve”) has already been banned for the rest of the year by the evidence obtained from Biogenesis records. The process has been marred by serial leaks from MLB  (unfair to the players involved, including Rodriquez) and ugly maneuvering between Rodriguez, who has been recovering from a serious hip issue, and the Yankees, who owe him approximately a gazillion dollars (thanks to an idiotic career contract signed in 2007 after he had already admitted to using steroids once), would like nothing more than for him to vanish in a puff of smoke and sulfur.

To explain the baroque ins and outs of baseball’s steroid wars, its player union relations, and the various intersecting agreements, special clauses and other things that have an impact on Rodriquez’s suspension would take too long here and would even bore the baseball fans. What you need to know now is this: Continue reading →

And This, Craig, is Why Barry Bonds Should Only Get In The Hall Of Fame With A Ticket

/ Jack Marshall / 17 Comments
Blame Barry, Chris.

Blame Barry, Chris.

In Baltimore, a young, slugging first baseman is leading the charge to get the Baltimore Orioles into the American League play-offs. He is on a home run pace that could net him 60  or more, and fans voted him the starting first baseman on his league’s All-Star team. Because his production this year far exceeds anything he had accomplished before, however, Chris Davis’s emergence isn’t being celebrated as much as it is being suspected. Another steroid scandal looms over major league baseball, one which threatens to engulf two former MVPs, as well as other players. Fans and sportswriters don’t trust players any more, or their power totals, not since Mark McGwire and especially Barry Bonds juiced and injected their way to shattering the game’s home run records.

This bothers lawyer/baseball blogger Craig Calcaterra, and it should., as someone concerned with justice. Of the smearing of Davis, he calls it…

“…utterly baseless speculation; Davis has always had tremendous power but is now, in the past year, matched it up with better plate discipline — is the product of a media landscape which has decided that every power hitter is a ‘roider. Jose Bautista got this treatment a couple of years ago. Davis is getting it now. Everyone who engages in this business does so because they’ve been convinced by the baseball media that such speculation is not just justified but necessary. It’s neither of those things. The drug testing system put in place had avoiding these parlor games as one of its primary justifications. But that’s not good enough for some, apparently.” Continue reading →

Being Clear on Pete Rose and the Hall of Fame

/ Jack Marshall / 39 Comments

Hall OFLast week, I raised the greasy topic of Pete Rose, in fact defending Pete against the unethical efforts by Topps to avoid invoking his name on their cards, as if he were baseball’s Voldemort. Somehow, the comments morphed into debate about whether Pete deserves to be in the Hall of Fame, and I fear that my position regarding Pete’s qualifications was muddled in the various exchanges.

No, Pete doesn’t deserve to be in the Hall of Fame, for two very clear reasons. His conduct in betting on baseball games, including his own team’s games, while he was a Major League manager requires that he be banned from baseball for life under Rule 21 of Major League Baseball’s official rules, and the Major League Baseball Hall of Fame in Cooperstown has its own rule that makes any player so banned ineligible for enshrinement. Rose is prevented from admission to the Hall by those rules, which were in place when his conduct brought them into play. He doesn’t deserve to be in the Hall, because the rules say so. Pete Rose broke a cardinal rule that potential Hall candidates cannot break. The ethical reason he should not be in the Hall is accountability, or as Tony Baretta used to say on the old TV show, “Don’t do the crime, if you can’t do the time.”

Is there anything at all about Rose’s career record as a player that doesn’t qualify him for the Hall, indeed, over-qualify him? No. Unlike Barry Bonds or Mark McGwire, his statistics are beyond challenge or criticism. He didn’t cheat. He was a great and admirable player in every way.

Was there anything in his conduct as a player on the field, as a player off the field, or off the field as a retired player, that constituted such egregious misconduct that it would justify refusing his admission the Hall of Fame under its so-called character clause? [ “Voting shall be based upon the player’s record, playing ability, integrity, sportsmanship, character and contribution to the team(s) on which the player played.”]

Here is where I want to clarify my position. My answer to this is “No.” Continue reading →

If Only The Profession Was This Strict AFTER Admitting A Lawyer To The Bar…

/ Jack Marshall / 11 Comments
No, surprisingly in light of last week's revelations from Cambridge, the applicant who cheated on her bar exam did NOT go to Harvard. I'm as stunned as you are!

No, surprisingly in light of last week’s revelations from Cambridge, the applicant who cheated on her bar exam did NOT go to Harvard. I’m as stunned as you are!

One of the legal profession’s ethics anomalies is that its character standards for entering legal practice are far more unforgiving than the standards for keeping one’s license to practice after being admitted. For while John Edwards continues to be a North Carolina lawyer in “good standing,” an Ohio bar applicant was held to lack the requisite good character to be a trustworthy lawyer (Ohio Supreme Court opinion here) because of the following set of facts.

When Jasmine Shawn Parker of Covington, Kentucky was taking the Ohio bar exam, a test monitor reported that she had continued to write for up to 30 seconds after “time” was called on a set of two exam questions, and then again for 45 to 60 seconds on two sets of two exam questions. The Board of Bar Examiners investigated, and asked Parker’s tablemates about their observations or her actions, if any, after time had been called. They reported that Parker had continued writing for maybe a second or two past the declared deadline on Day 1 of the exam, and on the second day, had continued to write past the stopping point “long enough to get at least two lines of writing on paper.” As a penalty after these findings, the Ohio Board of Bar Examiners gave Parker no credit on the exam question with the highest point value. Never mind: Parker’s score was high enough to pass the bar exam anyway. Her alleged cheating, however, led the Board of Commissioners on Character and Fitness to recommend her license be denied, with the opportunity to reapply.  Continue reading →

Unethical Quote of the Week: MLB Players Union Chief Michael Weiner

/ Jack Marshall / 12 Comments

“Today’s news that those members of the BBWAA afforded the privilege of casting ballots failed to elect even a single player to the Hall of Fame is unfortunate, if not sad….To ignore the historic accomplishments of Barry Bonds and Roger Clemens, for example, is hard to justify. Moreover, to penalize players exonerated in legal proceedings — and others never even implicated — is simply unfair.”

—-Major League Baseball players union executive Michael Weiner, in a formal statement released after the news that the Baseball Writers Association of American had denied Hall of Fame admission this year to all-time home run leader Barry Bonds, pitching ace Roger Clemens, and several other players who have either admitted to steroid use or are strongly suspected of being users. No player was on the requisite number of ballots this year.

It takes a Harvard lawyer to be that unethical in so few words.

It takes a Harvard lawyer to be that unethical in so few words.

It’s not easy to pack so much bad ethics into one statement, but we should not be surprised that the baseball players’ union chief was up to the task. The union shares responsibility with baseball’s “see-n0-evil” management during the steroid era and the willful blindness of the sportswriting community for allowing steroids and other performance enhancing drugs to permanently scar the game’s integrity and distort its records beyond repair. Small wonder Weiner is eager to rationalize his organization’s complicity with an absurd, deceptive and corrupting assertion that none of it should make any difference:

  • The writers did not “ignore” Bonds’ accomplishments. To the contrary, his “accomplishment” of blatantly abusing steroids, launching a late career surge of power and prowess that was alien to the career arc of every other player who ever set foot on a field as he morphed into baseball’s version of the Hulk, all while lying his head off and convincing other players that drug-assisted cheating was the accepted way to achieve fame and fortune, was exactly why he was on less than 40% of the ballots ( 75% is required for enshrinement.) Continue reading →