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NOISE FROM THE DUGOUT
The Mitchell Apologia
By Tom Goldstein
On December 13, 2007, former Sen. George Mitchell released the findings
of his investigation into "the illegal use of steroids and other
performance enhancing substances by players in Major League Baseball."
The main conclusion of the 409-page report: "For more than a
decade there has been widespread illegal use of anabolic steroids"
and performance-enhancing drugs by major league players "in violation
of federal law and baseball policy."
This is news?
Since 1988, when allegations were first reported in the media of steroid
use among players, Major League Baseball has known that it might have
had a problem with steroid abuse. In 1994, when several players were
on a pace to break Roger Maris's single-season home run record, the
owners had further notice that something other than juiced balls might
be responsible for the slugfest taking place every day at the ballpark.
And when home run production exploded in 1998, led by Mark McGwire's
record-breaking seventy home runs that year (and his admitted use
of the dietary supplement, androstenedione), MLB had more than enough
circumstantial evidence to warrant an investigation into whether players
were using illegal drugs or other questionable substances to improve
their performances on the field. Yet baseball did nothing.
In mid-2002, former MVPs Jose Canseco and Ken Caminiti both claimed
that steroid use was widespread among major league players, yet MLB
conducted no investigation and ultimately negotiated a weak drug-testing
program with the players' union when a new basic agreement was reached
later that year. Only after Canseco published his controversial
2005 autobiography, Juiced, where he again alleged that numerous
ballplayers were steroid users (including McGwire)and highly
publicized congressional hearings before the U.S. House of Representatives
Committee on Government Reformdid MLB finally adopt a drug-testing
policy that had significant penalties for illegal steroid use. But
still no acknowledgement that baseball had a serious enough problem
to warrant further inquiry.
Then, in 2006, came the publication of Game of Shadows by San
Francisco Chronicle reporters Lance Williams and Mark Fainaru-Wada,
an investigative exposé of the Bay Area Laboratory Co-Operative
(BALCO) scandal that implicated major league stars Barry Bonds, Jason
Giambi, and Gary Sheffield as users of steroids and performance-enhancing
drugs. The book caught the attention of several influential members
of Congress, so Commissioner Bud Selig, recognizing that MLB could
stall the obvious for only so long, did the prudent thing: he appointed
a former Senate majority leader to investigate.
Of course, George Mitchell wasn't exactly a random selection. He currently
serves as a director (an officer position) for the Boston Red Sox,
formerly served on the board of directors of the Florida Marlins,
and spent eleven years as a director (and later chairman of the board)
of the Walt Disney Company, parent company of ESPN and, until 2003,
owner of the Anaheim Angels franchise. He was also a hand-picked member
of baseball's "Blue Ribbon panel on baseball economics."
Mitchell dutifully disclosed these potential conflicts of interest
in the appendix to his report, and stated that "none of these
matters affected my ability to conduct an investigation that was thorough,
impartial, and fair." This may be so, but it should come as no
surprise that the strongest words of criticism Mitchell could muster
for the inaction of Selig and the owners during the past decade is
that "the response by baseball was slow to develop and was initially
ineffective." No kidding.
In fairness to Mitchell and his staff of investigators, the report
includes a thorough discussion regarding steroid incidents over the
years, as well as a compilation of information on eighty-nine major
league players alleged by Kirk Radomski, a former New York Mets clubhouse
employee, and Brian McNamee, a personal trainer whose clients included
Roger Clemens and Andy Pettitte, to have used steroids and performance-enhancing
drugs. In addition, the report offers three common sense recommendations:
(1) MLB should create an internal "department of investigations"
to deal with allegations of illegal use or possession of performance-enhancing
substances, and should strengthen its methods for barring drugs from
the clubhouse; (2) MLB should improve its efforts to educate players
and others regarding the grim health dangers that result from this
drug use; and (3) the club owners and the Players Association should
adopt a new drug testing program that employs an independent testing
administrator utilizing a state-of-the-art testing protocol that goes
above and beyond the current urine testing procedure.
However, for anybody who isn't impressed by a thick, lawyerly crafted
dossier that provides a lot of detail but essentially repeats information
disclosed elsewhere, the Mitchell Report is nothing more than a slick
public relations job intended to distract the public and provide cover
for Congress that MLB is finally "doing something." Mitchell
may consider his report to be an "independent" investigation,
but he does little to call out the blatant laxity in Selig's leadership
or the failure of baseball's former director of security to do anything
more than cursory follow-ups of information about steroid use that
came to his attention. In addition, where there is a conflict between
accounts provided by different sources, there is no indication that
Mitchell or his staff attempted to probe MLB officials to ascertain
whether they may have been lying or covering up details. Instead,
Mitchell lets stand assertions by the Commissioner's office that its
hands were repeatedly tied by the collective bargaining agreement,
thus reinforcing the notion that MLB would have done something about
steroids but for the intransigence of the Players Association.
According to information available at mlb.com, "the cost of the
[Mitchell] investigation has been reported to be as much as $20 million."
For probably two to three percent of that amount, MLB could have compiled
a general outline of much of the information contained in the report
(and with the savings realized, probably funded thousands of youth
baseball programs). Of course, such a document wouldn't have had the
imprimatur of a respected figure like George Mitchell, but there's
little that he has recommended that couldn't have been arrived at
by Major League Baseball on its own had there been one scintilla of
leadership at the top. Instead, Selig and his cronies looked the other
way, and the only condemnation that Mitchell can offer of their actions
is that "everyone involved in baseball over the past two decadesCommissioners,
club officials, the Players Association, and playersshares to
some extent the responsibility for the steroids era." Sure, everybody
knew what was going on, but who other than Bud Selig could have forced
baseball to deal with the issue?
What is especially galling about Mitchell's report is that when it
comes to recommending consequences for illegal behavior and potential
violations of baseball's own drug policy, he urges "the Commissioner
to forego imposing discipline on players for past violations of baseball's
rules on performance enhancing substances, including the players named
in this report, except in those cases where he determines that the
conduct is so serious that discipline is necessary to maintain the
integrity of the game." While I would never suggest that ballplayers
should be disciplined based merely on allegations, the idea that players
should be given amnesty simply because "being chained to the
past is not helpful" is ludicrous. Two of baseball's most accomplished
players in historyBarry Bonds, a seven-time MVP and all-time
home run record holder, and Roger Clemens, a seven-time Cy Young Award
winner and one of the game's greatest pitchersare implicated
in the steroids scandal and Mitchell just wants to let bygones be
bygones?
Mitchell even goes so far as to make a gratuitous comparison between
the crisis in baseball over steroids and the longstanding conflict
in Northern Ireland that he helped mediate to a peaceful resolution:
"From my experience in Northern Ireland I learned that letting
go of the past and looking to the future is a very hard but necessary
step toward dealing with an ongoing problem. This is what baseball
now needs."
Where was Bud Selig in all of this? I want to see Clemens' and Bonds' records removed from the game. Set an example.
post by Taylor Ritchie to the New York Times "Bats" blog the day the Mitchell Report was released, one of 255 comments in a ten-hour period.
There is an oft-cited phrase that fans like to quote when baseball
is in crisisthat the commissioner should act in "the best
interests of baseball." As the Mitchell Report demonstrates all
too clearly, the best interests of baseball no longer concern the
integrity of the game, at least not the way most individuals would
view that concept. Instead, the "best interests of baseball"
have come to mean only the financial viability of the sport: Take
no action unless economic repercussions are unavoidable. So baseball
dances its way around the steroids mess, Congress sleepwalks through
the issue, and, as one anonymous blogger notes, the "culture
of cheating will continue and thrive, as sure as there will be a crowd
waiting to buy tickets for next season." Play ball!
Where else but in Major League Baseball can someone engage in activity in violation of federal and state law, violate their organization's express policies, violate their employment contract, lie about it to the public, refuse to cooperate with official investigations, and, when caught, "not be punished for past misdeeds." I bet Michael Vick sure wishes he had taken up baseball. . . .
post by Mark Friedfeld, New York Times "Bats" blog
EFQ
TOM GOLDSTEIN has been publisher of EFQ since
1998 and its editor since the Fall 2000 issue. He is a graduate
of the William Mitchell College of Law.
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