Saturday, March 14, 2009

Tinfoil hat time!

Now what?

I was looking forward to doing a post-mortem with Jack Marshall when the decision in the Bonds collusion arbitration case came down however a wrench has been thrown into the works. MLB/MLBPA agreed to postpone the grievance until after the trial so what happens now that the trial has been delayed?

Let’s face it, absent Greg Anderson’s testimony or the unlikely overturning of Judge Susan Ilston’s decision to exclude evidence that was illegally obtained; if it does go to trial Bonds’ has an excellent chance of skating plus the government runs the risk of having its dirty laundry brought out into the public purview plus Jeff Novitzky--a hero in the minds of many--would end up looking as bad as Bonds once the defense got through with him.

If the other agents working initially on the BALCO case are called to testify by the defense, Novitzky will end up being mentioned in the same breath--not with Elliot Ness--but Mark Fuhrman, another lawman whose comments aided a different African American superstar of professional sports in a courtroom…O.J. Simpson.

According to these ones “Jeff has never held back what he felt about Bonds” stating that “Novitzky hated Bonds”; “[Novitzky] envisioned congressional hearings, book deals and TV” and that BALCO “…was turned into a publicity stunt” to forward Novitzky’s career and his vendetta against the slugger. According to another agent, Novitzky stated regarding Bonds "He's such an [anus] to the press, I'd sure like to prove [that he used steroids]."

Toss in the fact that the Treasury Inspector General for Tax Administration (TIGTA) opened an investigation of Novitzky (that was nothing short of a godsend to BALCO founder Victor Conte) and the Bonds’ defense team has nothing short of a cornucopia of dirt on the agent.

Even if the government wins the battle and gets a conviction on any one of the counts (believe me, they’re willing to settle for that and declare victory) they could lose the war since their actions in pursuing the case will demonstrate that they are the ones that endanger the public well being and not the defendant.

After all, if you cherish your constitutional rights, Jeff Novitzky is the guy you need to keep an eye on--not Barry Lamar Bonds. Bonds might call you a nasty name or ignore you completely were you to approach him but he isn’t likely to break down your door without a warrant, seize your goods and later lie about what they did while inside or harass folks you care about.

The odds of seeing Bonds led away in shackles is a longshot at best.

One has to wonder why the government is pursuing this when it appears their objectives have been met regarding Bonds; I don’t think there is anyone that believes that he didn’t use anabolic steroids at some point in his career, his legacy has been irreversibly tarnished, his chances for the Hall of Fame is in jeopardy, he is out of baseball and will not return--in short: Barry Lamar Bonds has been disgraced.

To continue to pursue this would be to expose the low dealings of the government and Novitzky to the general public--many of whom still believe they’re doing the work of God in all this; they may get a conviction on one of counts but ultimately may end up looking like the real villains when all is said and done.

As of right now--they are at their best point in time: Bonds is wearing the black hat and the government can simply drop the case spinning it by saying they have bigger fish to fry and John Q. Public will feel that Bonds “got off” on a technicality but the Oedipus complexing offspring of unmarried parents was guilty of everything up to and including betraying Jesus Christ for 30 pieces of silver.

So why the delays?

Surely a man as intelligent as Novitzky has to realize that a trial will not serve his career or reputation well and the feds have to be suspecting that they might actually do the impossible and turn Bonds into a sympathetic character--especially if all the facts become public knowledge.

Even if they get Anderson to testify, the defense will most certainly detail chapter and verse the goon tactics used by the federal government to get his cooperation. When all is said and done (assuming their best case scenario and BLB is fitted with an orange jumpsuit) even the most ardent Bonds-basher may wonder if the right person was put behind bars.

Any fair minded person weighing the sins of Barry Lamar Bonds against those of the people pursuing him would be able to discern who are the truly dangerous folks and menace to their personal well being.

Therefore (pauses to don the tinfoil hat) are the two events somehow related? An indefinite postponement of the trial would seem to create an almost indefinite postponement of the collusion hearing. If the feds drop the case, the arbitration could proceed almost immediately and if MLB knows their guilty as sin they would have no illusion about how it would play out.

However, if they string it out a year or two, which would in turn delay the grievance which in turn would put Bonds at an age where there would be zero chance he could be given a major league job. It would certainly serve Novitzky’s vendetta well--he could crow to his friends that it was he that got Public Enemy No. 1 out of baseball thereby protecting impressionable children. Certainly the feds want to make sure Bonds is no longer part of the national pastime and if they cannot put him behind bars, they can take steps to ensure that he is barred from ever “contaminating” the game ever again.

While hard time would definitely cause Bonds’ anguish--could it be that the feds would consider inflicting the end of his career a nice consolation prize? After all, the bottom line in all this is making sure that the surly ballplayer learns some manners and if you’re going to be spoken of as one of the game’s greats then you have to make nice with the white power structure in society and the media.

I guess time will tell.

Best Regards

John

3 comments:

iwillbeginagain said...

could it be that the feds would consider inflicting the end of his career a nice consolation prize?

Certainly.
Looking at the different actors in this case and their goals.

The Number 1 goal of Novitsky was personal profit. Smearing Bonds was the means to this goal. It's reported he's moved to the FDA. Whether the move was lateral or down or an advancement wasn't reported. We'd have never heard of him or seen his picture if not for the Bonds case. Certain authors painted him heroically. So he may not have gained financially, but gained in other ways.
The number 2 goal of Novitsky was to hurt Bonds and other successful athletes. That has been accomplished wonderfully whether Bonds is convicted or not. All the negative info on Bonds is ultimately sourced from Novitsky. He showed he was dominant over the superhero Bonds. Bonds' career is over, his is not. In addition to not being paid any more to play baseball, Bonds has probably paid $5 or $10 million or more in legal fees.

The number one goal of the prosecutors was personal profit and career advancement. Got no feeling how this is working out for them. But, they have abused the system wonderfully to destroy someone so perhaps this makes them more effective prosecutors. IF things had worked out smoothly, they would have obtained much additional money and positive fame - so it was worth the risk. As it is they still have a chance to win and keeping Bonds from a collusion case could help them. If once charged, your choices are to plead guilty or be destroyed fiscally you might as well plead. The longer the trial is delayed, the more Bonds spends. And if he can't get any money from a collusion case, the fewer resources he has available to him.
Like Novitsky, the prosecutors' number two goal may have been personal animus because bringing forth this indictment with all of they had to know to be inadmissible hearsay just doesn't seem possible without emotional involvement. It could have been political pressure and nothing personal. Again, Bonds' career is over, their's is not - and any result at this point has left Bonds utterly defeated. If the motivation was personal animus, that's a win.

I don't believe for one second that any of these guys had ever deluded themselves into believing they were doing the work of God. That was just the self-righteous commentators. Keeping Bonds from playing is good enough for those guys too.

John Brattain said...

The "work of God" remark was about the media and public's perception of the investigation and not about what the investigators felt they were doing.

You're bang on that this is about career advancement and not justice. The FDA would be linked with the supplement industry so I'm guessing Novitzky is where he wishes to be.

Thanks for the insights.

Best Regards\\John

iwillbeginagain said...

Wracked my brain all day and could not think of another person that could have been such a no-lose target for the feds as Barry Bonds. Noone else had been berated by mainstream media so long - creating a dedicated following of people who wished him ill - while at the same time being able to continually rub it in their faces by being able to perform better than almost anyone else.
Putting a stop to that, is, as you say, the work of God to the rabble.

There have been many, many Wall Street hucksters - but none have had a pervasive following of hate for so long a time as to where trumped up charges and barring them from their livelihoods would be cheered (authentic charges with real victims are a different story). A Cramer won't be there for another 10 years of hate if the tide stays against him. And I haven't seen any writing that calls him "evil".

It would have to be somebody like Karl Rove who retained power (is he still on trial? I don't know), but he's not nearly as famous, so not as hated, and hasn't he already gotten his comeuppance?