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The Banality of Criminality: Complicity and Dishonor in the Age of Trump, the Example of Michael Flynn

Friends of Padre Steve’s World,

Dwight D. Eisenhower noted:

“The supreme quality for leadership is unquestionably integrity. Without it, no real success is possible, no matter whether it is on a section gang, a football field, in an army, or in an office.”

It is becoming more clear every day that the wheels are coming off the Presidency of Donald Trump, and that as a man and as a person that he is losing any grip on reality and lives in a cloud-Cuckoo land of lies, untruths, and alternate facts. He has shown throughout his life and career that he has no integrity, especially while serving as President, which makes Eisenhower’s words relevant to our present crisis.

Likewise it is quite clear now, that the President has been implicated in what the founders of the country and the writers of our Constitution would understand to be high crimes and misdemeanors. The banality of his and his administration’s criminality is buttressed by the cult of personality that surrounds him. The latter would not be possible without the fifty year process of the moral and ethical disintegration of the Republican Party. Eisenhower wouldn’t recognize the GOP of today.

However, the President has not been indicated in Federal Court, nor charged with crimes and impeached by the House of Representatives yet, but the writing is on the wall. It is only a matter of time before Robert Mueller indicts the men closest to the President; his son Donald Jr., and son-in-Law Jared Kushner. The evidence is mounting of their premeditated attempt to collude with Russia for both political and financial gain. The revelations of the past week would be the beginning of the end for the President and his lawless administration if only the GOP members of the Senate would have the courage to do what Barry Goldwater did in 1974 to give Richard Nixon an ultimatum.

Over the past week we have seen countless GOP leaders excuse the blatant lies of the President, and ignore the complicity of him, his family, and his closest collaborators as “they didn’t happen”, “if they did happen they weren’t criminal”, ” they happened and they were against the law, but they are not really Crimes because it’s a bad law”, or “people do them all the time”, and “what about Hillary?” Of course none of these defenses call for personal responsibility or defense of the law and Constitution, it is all about holding onto power.

But even more troubling than the President and his conditorei of putrid family members, bankers, investors, shyster lawyers, and incredibly compromised and often incompetent individuals he has appointed to cabinet positions, are some of the former military men in the cabinet who served in the cabinet. The most notorious of these is the convicted felon and retired Lieutenant General Michael Flynn, who after getting a gift in the form of sentencing accused the FBI of tricking him into lying. I won’t even go into Ryan Zinke, John Kelly, or Mike Pompeo.

Flynn’s film-flam act is maddening to me because as an officer he should have known better. He lied to investigators and he certainly knew that lying to them was wrong. I know this because I enlisted the same year that he was commissioned, and was just two years behind him when I was commissioned. We come out of the same post-Vietnam pipeline of Army officers. We both were commissioned from the ROTC program, albeit from different universities. But we knew the rules, our programs were similar in that Ethics was taught, and after Vietnam it was considered a big deal. I don’t know about Flynn, but I had to take a course on military law while in ROTC. We went through officer basic and officer advanced courses that contained a common core of classes, We served as platoon leaders, company executive officers, company commanders, as well as battalion and brigade staff officers.

As officers we both administered the Uniform Code of Military Justice, and both took sworn statements, administered Miranda Rights, conducted 15-6 investigations, Reports of Survey, and as commanders administered non-judicial punishment under Article 15. When doing that we served as prosecutor, judge, and jury over the soldiers charged with violating the UCMJ. There is no way that Flynn didn’t known that lying to an investigator wasn’t wrong. He lied and knew that it was wrong.

My career path veered from his when I returned to the National Guard to attend seminary full time to become a Chaplain. My senior positions have all been served as an Army or Navy Chaplain. Like him I served in combat, except I did so unarmed, far away from big battalions that could protect me.

But maybe I embraced an ethic that Flynn didn’t, let’s call it The Code. Let me explain.

My thirty-seven plus year military career began in the Army. I enlisted in the California Army National Guard when I entered the senior ROTC program at UCLA. Though I never attended West Point, Annapolis, or any of the other military academies, I always embraced the Cadet Code of the United States Military Academy at West Point. It states:

“A cadet will not lie, cheat, steal, or tolerate those who do.”

Likewise I have always subscribed to and tried to uphold the motto of West Point, which General Douglas MacArthur put into such moving words in 1962:

“Duty, Honor, Country” — those three hallowed words reverently dictate what you ought to be, what you can be, what you will be. They are your rallying point to build courage when courage seems to fail, to regain faith when there seems to be little cause for faith, to create hope when hope becomes forlorn.

Unhappily, I possess neither that eloquence of diction, that poetry of imagination, nor that brilliance of metaphor to tell you all that they mean.

The unbelievers will say they are but words, but a slogan, but a flamboyant phrase. Every pedant, every demagogue, every cynic, every hypocrite, every troublemaker, and, I am sorry to say, some others of an entirely different character, will try to downgrade them even to the extent of mockery and ridicule.

But these are some of the things they do. They build your basic character. They mold you for your future roles as the custodians of the nation’s defense. They make you strong enough to know when you are weak, and brave enough to face yourself when you are afraid.

They teach you to be proud and unbending in honest failure, but humble and gentle in success; not to substitute words for action; not to seek the path of comfort, but to face the stress and spur of difficulty and challenge; to learn to stand up in the storm, but to have compassion on those who fall; to master yourself before you seek to master others; to have a heart that is clean, a goal that is high; to learn to laugh, yet never forget how to weep; to reach into the future, yet never neglect the past; to be serious, yet never take yourself too seriously; to be modest so that you will remember the simplicity of true greatness, the open mind of true wisdom, the meekness of true strength.

They give you a temper of the will, a quality of the imagination, a vigor of the emotions, a freshness of the deep springs of life, a temperamental predominance of courage over timidity, an appetite for adventure over love of ease.

They create in your heart the sense of wonder, the unfailing hope of what next, and the joy and inspiration of life. They teach you in this way to be an officer and a gentleman…”

The code may sound old fashioned, a bit puritanical, or even pharisaical to some, including many current and former officers. I actually had a friend, a retired Army Chaplain who retired at a grade higher than I will ever hold told me that in my criticism of the President and his high ranking supporters that he saw “my inner Pharisee” come out. I told him that it wasn’t my “inner Pharisee, but my inner Army company Commander.” I subscribe to a code of honor that far too many people across the political spectrum despise and ridicule, especially those of the Christian Right who defend the President as if he is the Messiah. Sometimes I feel like Jack Nicholson’s character in A Few Good Men, except I wouldn’t order the code red.

The concept of honor may be a punch line to many people but for me it has been a way of life. That honor includes telling the truth, even as an officer to commanders and those that outrank me. Doing this has cost me dearly many times in my career in both the Army and Navy. I cannot shut up an be silent when I see superiors lying, cheating, and tolerating those who do. To enforce such ideas on junior personnel is expected, but to speak those words in a prophetic voice to those in power is dangerous, but I have often lived dangerously, and truthfully I have been lucky. Only once has someone tried to have me tried by Court Martial, and that was a retired officer last year who made a written complain to my commanding officer for a sermon that I preached, but I digress…

The reality is that throughout my life I have tried to live up to the Cadet Code, and the motto of Duty, Honor, Country my whole life and for doing somI have often been treated as an anachronism, out of step with the world, even at times from senior military officers.

I could tell you stories, but only over a beer in a bar about those instances, without any recording devices at hand. That being said, if I ever ran into the people that I am talking about, I would confront them in person and give them a chance to defend their actions. I would then walk away, satisfied that my honor was still intact.

But what bothers me now mor than anything is watching men and women who I once respected, defend the indefensible, excuse the inexcusable, and accuse the already acquitted for actions of the President and those around him who if he had been a Democrat they would have already voted to impeach. But my standard has been consistent regardless of who the President is and what his party affiliation. I wanted to see Bill Clinton impeached, I couldn’t support John Edwards because of he cheated on his wife when she had cancer, and as much as I liked and admired him, I thought it was right that former Senator Al Franken resigned, as much as I liked and respected him as a Senator. I have no respect for Newt Gingrich in part for having an affair, and divorcing his wife while she was fighting cancer. Likewise,as much as I like him as a person, I still believe that George W. Bush was a War Criminal for invading Iraq.

The office of the President, the Constitution, and our system of government mean much more to me than my party affiliation. Frankly, that has always been the case for me.

I spent the vast majority of my adult life as a Republican for God’s sakes, but after returning from Iraq, and seeing the claims of the Bush Administration for the war, which I had believed, turn out to be lies on the order of the crimes that we prosecuted at Nuremberg, just couldn’t remain in the party.

When I see people who I know and consider to be friends throw ethics, morality, and faith under the bus to defend the indefensible acts of this President I do get worried, and all of us should be because it is happening all the time.

I was raised to believe that military officers are to hold to a higher moral code than politicians, lawyers, businessmen, or even priests or preachers; I was an officer long before I was ordained. For me it all goes back to the West Point Cadet Code.

So when I see Michael Flynn attack the FBI for “tricking him to lie” after he was cut a huge deal for his testimony, I have to wonder where he was in the classes about military ethics. But then maybe his Professor of Military Science hadn’t been assigned to the Task Force that investigated the My Lai Massacre, or whose primary history professor at California State University Northridge, Dr. Helmut Haeussler, who served as an interpreter at the Nuremberg Trials. I know what happens when military officers sacrifice their integrity to serve leaders that have none, or in wars where they abandon all the principles that they were supposed to uphold.

But then, just maybe in the words of my friend, mentor, and former superior, maybe I am a Pharisee because I value honor over political expediency, or what helps me the most right now.

So for today I will leave you with the words of General Ludwig Beck who lost his life during the abortive attempt to kill Hitler on July 20th 1944:

“It is a lack of character and insight, when a soldier in high command sees his duty and mission only in the context of his military orders without realizing that the highest responsibility is to the people of his country.”

That is what I consider to the moral failure of the officers cannot see anything wrong in the actions of this President and his administration; they place their party and ideology over the Constitution, the law, and the people. They not only tolerate, but they defend those who lie, cheat, and steal to gain political power.

For me it always comes back to that code of honor.

Until tomorrow,

Peace,

Padre Steve+

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Filed under crime, culture, ethics, History, Military, News and current events, Political Commentary

Padre Steve’s Highs and Lows of 28 Years Service

Ooops, this should have posted the 25th…all references in the post though it posted today are for the 25th.  The meltdown was the 24th, not my duty night.

Note: I think that I have pretty much recovered from last night’s mini-meltdown, though tired have has a good day working some stuff that is pretty cool that could be a positive thing for Navy and VA Chaplains.  I think success does help mitigate some of the effects of a meltdown.  If today had been crappy and I hadn’t had a good talk with Elmer the Shrink it might have continued.  Now with some sleep I could be cooking with gas even though my house is all electric.

On to the Post:

Soldier Once and YoungEnlisted in National Guard 1982

“So we’re all dogfaces, we’re all very, very different, but there is one thing that we all have in common: we were all stupid enough to enlist in the Army. We’re mutants. There’s something wrong with us, something very, very wrong with us. Something seriously wrong with us – we’re soldiers. But we’re American soldiers! We’ve been kicking ass for 200 years!” Bill Murray as John Winger in “Stripes” 1981

Well sports fans I am at the hospital tonight celebrating 28 years of service in the military. It really doesn’t seem like any more than 27 ½ but who’s counting right? And when I look back at the Army I joined I am reminded of Stripes.

I think that I have pretty much recovered from last night’s mini-meltdown, though tired have has a good day working some stuff that is pretty cool that could be a positive thing for Navy and VA Chaplains.  I think success does help mitigate some of the effects of a meltdown.  If today had been crappy and I hadn’t had a good talk with Elmer the Shrink it might have continued.  Now with some sleep I could be cooking with gas even though my house is all electric.

So 28 years ago today I went down and signed my name on the dotted line.  It was August 25th 1981 two months after the release of the movie Stripes and two months before I saw it with Judy at the $1 movie theater.  On that end of summer day I went down and signed my contract with the Army ROTC program at UCLA with the Chief Lord of Discipline himself, the Captain Bruce Lawson swearing me in.  He had just finished PT and though still in his PT clothes administered the Oath of Enlistment.  It was not much on ceremony but it was a start.  In fact most of my promotions in either the Army of the Navy have not come with much fanfare and I’m actually pretty okay with that so long as I get paid and get to do what I love doing which is being a Priest and getting to serve now as a Navy Chaplain.  So I followed with a trip down to the National Guard Armory on Victory Blvd in Van Nuys to enlist in the National Guard. Since I was not a scholarship student I was allowed to simultaneously enter the Guard.  So the 25th was kind of like a double header for me, I did the oath for the Guard later in the afternoon. It’s like Tommy Lasorda once said: “I love doubleheaders. That way I get to keep my uniform on longer.”

So I went in to Headquarters and Headquarters Battery and met the Company Commander, Captain J.J. Kramer, now a retired Colonel I believe and Major Charles Armagost, the Full Time Unit Administrator and Adjutant.  Wearing his green fatigues the good Major administered the Oath for the California National Guard, which differed from the Federal Oath in that it also included words about obeying the Governor of the State and the Laws of California etc…Following that I was walked down to the supply room where a rather rotund Sergeant began issuing me uniforms and field gear.  I got my first gift of US Military designer clothing and was told to report the Thursday after Labor Day for a “Battery Dark Night.”  So began my rather auspicious career.

I remember being in uniform in those early days without a single ribbon or medal to my name.  I’d look around and see all the guys who had served in Vietnam and some in Korea as well with all kinds of ribbons, medals, unit citations and qualification badges.  I would look at them and once I remarked to Judy that I wish that I would have a lot someday.  She accused me of whining, something that I feel is a mischaracterization of my attitude about not having anything and something that now with a full chest of ribbons, medals and qualification pins that she is not hesitant to remind me of and tell others about.

2LT Dundas 1983Look Mom One Ribbon

So what has transpired in 28 years?  Here are some of the highlights and a few lowlights of the of this adventure.

In 1981 it all began and things happened fast, within two weeks of enlisting I was driving an M-151A1 Jeep to Ft Irwin CA as part of battalion advance party and then spending the weekend learning to call in artillery fire. After going through hell and being destroyed and rebuilt by SFC Harry Ball, Drill Sergeant US Army like Richard Gere was in An Officer and a Gentleman I somehow got commissioned in part due to the forbearance of Major Lawson, the former Captain Lawson who has sworn me in.  Judy asks if I had my own “Puget Sound Deb” when she sees the movie with me that winter. However just prior to getting commissioned during my last annual training period at Camp Roberts I led team of Ersatz East German Kommando’s on raids against battalion rear area as the opposing forces.  I was almost run over in may M-151A1 by an M-548 Ammo Carrier during a strafing run coming down hills firing blanks from machine guns like the Rat Patrol and dropping Smoke and CS grenades in the vehicle’s path.  Later we captured the battery Operations Center during a firing mission. None of this made them happy but the Forward Observers and I had a blast.

After I got commissioned I attended the Medical Department Officer Basic Course at Ft Sam Houston TX and suffered for Jesus for 9 weeks in the Riverwalk Marriott hotel in downtown San Antonio. After this I spent 11 glorious weeks at Ft Knox Kentucky which by the way is in a “dry county” or at least it was back then  going through a 6 week course after being bumped by Saudi Arabian exchange officers.

557th comany command 1985Company Commander

From January 1984 through late December 1986 we were stationed with the 557th Medical Company Neubrucke and later Wiesbaden. Was a platoon leader and became company XO when our XO checked into a psych ward before Winter REFORGER. While in the field was promoted but o one realized that fact until we came out of the field in mid- February. In a late night hastily arranged ceremony which I had to drag Judy in from bed to see I was promoted and got my first real medal. In September I became a “relief pitcher” Company Commander when my new CO got fired. I was told “Lieutenant; clean up that Company.” After 7 months, and having to adjudicate close to 50 Article 15’s, and kicking a bunch of drug users out of the Army I was relieved by a Captain and I had my first and last Change of Command ceremony. Became a personnel officer at our group, pissed off the boss and had a miserable last couple months in Germany. However I completed my first row of ribbons made some really good lifelong German friends and learned to drive really fast and really good and developed a fine appreciation of good beer.

In 1987 I attended the Military Personnel Officer Course at Ft Benjamin Harrison which is in Indianapolis and continued on to Fort Sam Houston where I was assigned as the Adjutant for the Academy Brigade, Academy of Health Sciences.  I got promoted right after I got there and since Judy had not arrived I had the world’s best platoon sergeant, SFC Cynthia Carter help pin on my new Captain bars. Judy was quite happy that Cindy got to do this as she really liked her.  My Brigade Commander wondered what was up with that, but it was an honor to have her do the pinning. While there I worked on AIDS/HIV personnel policy and became “CINC AIDS” at the Academy. While there I collected my second Army Achievement Medal and an Army Commendation Medal.

Berlin WallBerlin Wall 1986

In 1988 I left Active Army to attend Seminary and was appointed as an Armor officer in Texas Army National Guard.  I was told by my boss LTC Jim Wigger that I was moving from the “frying pan into the fire as the chaplains were a cutthroat bunch” and that the “Medical Department was not even in the same league as the Chaplains.” When the Division Chaplain found out that a seminarian was getting ready to drive tanks he pitched a fit and had me enter the Chaplain Candidate program.  In seminary I attended  the Chaplain Officer Basic Course at Fort Monmouth NJ. As Deputy Course leader and Company “First Sergeant” pissed off lots of chaplains and seminarians. Thankfully I was backed up by LTC Rich Whaley who saved my ass for the first time and not the last time.  I met my friend Fr Jim Bowman who kept me from doing anything really stupid. In 1992 I graduated from seminary was ordained and become a chaplain and assigned to 111th Engineer Battalion in Abilene. That year I got thrown out of the Chaplain Officer Advanced Course when school changed a policy on Chaplain Candidates awaiting final approval to be chaplains to enter course. After Billy Martin style tantrum Rich Whaley saves my ass a second time.

In 1993 I went back to Chaplain Officer Advanced Course, made amends and did the appropriate penance.  Meet up with Fr Jim Bowman again. In the fall of 1994 finished the final phase of the Chaplain Officer Advance Course.  Happiness is Ft Monmouth in your rear view mirror. In the summer of 1984 I viewed the O.J. Chase live on miniature TV in M-577 Command Track with Lakers playoff game in split screen while at Fort Hood.

In January 1995 I moved to Huntington WV to take a job as a contract ER Chaplain.  I transferred from one former Confederate Unit to another going from the Texas to the Virginia Army National Guard.  In December I was promoted to Major and transferred to the Army Reserve and got rid of the 410 mile one way trip for a drill.

New MajorNew Major December 1995

In July of 1996 I got mobilized and sent to Germany to support Bosnia mission, lose job. While in Germany get to do a lot of cool stuff, got a bunch of medals and though the Chaplains there wanted me to be brought on regular active duty get told I am too senior to transfer to Regular Army. I actually think that the guy who made the decision remembered me from Chaplain School and did not want someone like me in “his” Chaplain Corps. Upon my return from Bosnia support the Reserves assigned to Ft Indiantown Gap PA as Installation Command Chaplain where in September 1998 I got to close down help close down the Federal side of things and transfer chapel and congregation to National Guard care. In October I returned to the reserves like a journeyman ball-player being sent back to AAA from the Majors. In December the Navy offered me a deal to play “in the show” on active duty and I took it, went from being an Army Reserve Major to Navy Lieutenant. My friend Father Fred Elkin was my first detailer and offered me a choice of East Coast or West Coast Marines when I asked for a ship.  We now serve together and get a good laugh about that now. It did turn out to be a good thing for me. One of the cool things about my time in the Navy has been since I have blown myself up enough in the Army and seen others do likewise that I know where the career “land mines” are and how not to step on them. This has been a great benefit to me.  It was like changing from one league to another in the middle of a baseball season.  The old stats don’t count for or against you when you start playing in the new league.

After Navy Chaplain School I was assigned to the 2nd Marine Division at Camp LeJuene NC. From then on my life has been going non-stop.  I was chaplain for 4 different battalions in the Division where Father John Kaul used me as a “relief pitcher” in situations where chaplains had either been fired for doing illegal or immoral things or replacing people who had to move on short notice orders. Did CAX at 29 Palms on multiple occasions and did a deployment to the Far East, Okinawa, Japan and Korea.  Collected more medals got my “old” version Fleet Marine Force Qualification. I was assigned to HQ BN 2nd MARDIV. 9-11 -01 attack happened. A couple of months later I reported to USS HUE CITY CG-66 in Mayport.

Dundas of the DesertDundas of the Desert 29 Palms 2000-2001

Not long after reporting went on the final work up exercises prior to deployment, deployed to the Horn of Africa, Northern Arabian Gulf, Gulf of Oman and Mediterranean.  Was an advisor for a boarding team in Northern Arabian Gulf and made 75 boardings of detained smugglers.  We almost got to see the Indians and Pakistanis get in a nuclear war, that was a bit sporty and we supported air operations in Afghanistan. After a period in the yards during following deployment as well as work with the great Marines who served in the Battle of Hue City I checked off the ship in October 2003, again collecting more medals and ribbons.

Boarding partyBoarding Party 2002

I went to Norfolk where I was assigned to the Marine Corps Security Force Battalion and my Commanding Officers, Colonel Mike Paulovich and Colonel Donald Rogers sent me about the world to care for our Marines.  Over that time I probably averaged 2 trips a month out of the area, many overseas to Japan, Hawaii, Spain, France, the United Kingdom and Bahrain, others to places far and wide in the Continental United States.  Colonel Paulovich and I probably worked more closely together than any commander that I have ever worked with and we went through many difficult times in that assignment. We are still friends to this day.  One of the cool things is the people that we work with. I was promoted to Lieutenant Commander in April 2006.  This meant that I had spent almost 16 years of my career wearing Captain or Lieutenant bars.  I again collected more ribbons and medals for the time with the Marines and was one of the first Navy Officers to get the Fleet Marine Force Officer Qualification pin while completing Marine Command and Staff College.

Belleau woodBelleau Wood France 2004

I then went to Navy EOD Group Two in Little Creek where I was the first chaplain assigned to EOD.  While there I got to go to Jordan to the Jordanian Army/UN Peace Operations Training Center and to Sicily.  I was snatched up to go to Iraq in July 2007 and served the most meaningful operational deployment of my career serving our Marine, Army, Navy, Air Force and Department of Justice and Homeland Security advisors to the Iraqi Army, Police and Border Forces in Al Anbar Province.  I came back from Iraq with a great case of PTSD, a gift that keeps on giving.  I checked out of EOD in September 2007 again with more medals and ribbons to my current assignment at Naval Medical Center Portsmouth where I get to do what I am passionate about as a Priest and Navy Chaplain serving in a teaching hospital.

My Tom Clancy lookIraq 2008

Looking back it has been a long and strange trip and it is still an ongoing journey.  People ask me how I keep going even with the PTSD and it’s like Tommy Lasorda says “Guys ask me, don’t I get burned out? How can you get burned out doing something you love? I ask you, have you ever got tired of kissing a pretty girl?” Speaking of which now that I am on the way home after 31 or so hours at work I probably need to do with Judy when I see her.

Steve Summer Whites 2008July 2008, Grand Admiral of the Ottoman Navy?

Peace,  Steve+

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Filed under Baseball, History, iraq,afghanistan, Loose thoughts and musings, Military, PTSD

Manny, A-Rod and Barry: How the Media and Government Selectively Target Ballplayers or Don’t

I love baseball as a game.  The Deity herself speaks to me through baseball.  While baseball to use the words of George Will is “Heaven’s gift to mortals” it is played, managed and judged by fallen humanity…thanks so much Adam and Eve, you should have gone to the concession stand in the Garden of Eden and got a hot dog and beer and left that that tree that you were told not to touch alone. As  the New Baseball Edition of the Bible says: “And God spoke to Adam and Eve saying “Thou mayest eat and drink freely from any concession stand, vendor or restaurant in the park, but thou shalt not eat from the Tree of the Knowlege of Good and Evil, lest you die or otherwise blow the game.”    It is my opinion that baseball’s problems can be traced to the failure of the first couple to get this one little thing right.

As a result of the fall we can be assured that while baseball is the chosen sport of the Deity who “in the Big Inning created the heavens and the earth” it will not be perfect in this world.  This is readily apparent in the past 7 or 8 years or so of the baseball steroid scandal.  There is much blame to go around in this whole sordid affair from the commissioner’s office, to owners, the MLB Players union President Donald Fehr and the players themselves who blocked efforts to initiate tough and fair drug testing managed by them and the league.

Because of the league and players inability to police themselves they opened themselves to machinations of congressional committees led often by congressmen who have to assert their dominance in every aspect of American life.  I actually found the inquisitional hearings led by Representative Henry Waxman to be a disgusting overreach of government power directed by people who couldn’t get picked to play on a little league team. The unbridled jealousy of career politicians who haven’t worked a real job in years toward the highly successful athletes was displayed as they dragged player after player before their committee.  Congressmen asked them leading questions about the use of substances that were not always illegal setting them up for eventual prosecution of lying to Congress because like in the case of Bonds they gave ambiguous answers to the questions.  Now I am not saying that the players were without blame, many set themselves up for this by blatantly looking guilty if they were not guilty of anything.  The league and player’s union policies and response did nothing to help the matter and now we sit with what seems to be a never ending circus which harms the game.

My beef with many of those involved is that they do not respect the game.  This goes for players, owners, union officials, media, politicians and investigators.  This disrespect for the game has reached epic proportions as the hubris of all concerned reached incredible heights.  While I could go on and on about this I am going for now focus on the inequitable treatment of the accused players by the media and government which I believe is glaringly apparent in the treatment given to Barry Bonds as opposed to players such as Alex Rodriguez and Manny Ramirez.

Baseball purists are perhaps the most religious of fans.  We don’t like it when people mess with the game.  The game itself is sacred, thus when players, owners, union people, media or the government do things that we perceive to hurt the game we get just a tad bit upset.  Football, Basketball and Hockey players, owners and officials can just about get away with murder and not only remain in the game but become or remain stars who eventually reach their respective Hall of Fame.  Baseball on the other hand will take the person who has committed an infraction and like the ancient Israelites cast heavy stones upon their reputation and memory to the seventh generation.  Baseball can be a very unforgiving game.  The diamond is “holy ground” and the game is to be respected by players, owners, media, government and fans alike.   This has not been the case in regard to steroids and other performance enhancing substances including their use by players, toleration by owners and “fishing expedition” investigations by Federal agents and Congress.

This being said in the past six years there has been an inequitable treatment of players accused or proven to have taken banned or illegal performance enhancing drugs or supplements.  When Congress, the media and a then relatively unknown IRS investigator named Jeff Novitzky.  One of the best commentators on the way that the Bonds investigation and prosecution has been handled, Jonathon Littman notes that the “Clear” that Bonds was accused of using was not illegal at the time that he allegedly used it, but also was not classified as a steroid.  Littman notes that

“Experts say prosecutors might have intentionally asked Bonds what they knew to be ambiguous questions – never defining steroids or making a distinction between drugs that were illegal or merely banned by many major sports.”

“This case has been presented as Barry Bonds lying about steroids,” said Christopher Cannon, a San Francisco defense attorney with extensive experience in federal perjury cases. “The government’s theory is that he was taking the Clear. If the government knows the Clear wasn’t a steroid – then when Barry said he wasn’t taking a steroid, he was telling the truth.”

Likewise the manner in which Novitzky has led the government investigation leads on to wonder what the motivation is for the prosecution.  There was very little money involved in the BALCO case, those accused or convicted have received very minor penalties, but the investigation which has spanned years has cost the government 55 million dollars.  As Littman writes:

“The paucity of illegal profits and drugs raises the question whether prosecutors realized that the only potential for criminalizing the behavior of athletes who took banned substances was to set perjury traps or bait athletes into lying to the grand jury or to a federal agent.

“It sounds like a misuse of the grand jury,” said John Bartko, a former assistant U.S. Attorney in San Francisco who has tried perjury cases. “They go and try to trip the guy into lying.””

Now Bonds may not be the most sympathetic character, but he does deserve to be treated as innocent until proven guilty.  Instead the prosecutors and some in the media have gone out of their way to destroy any chance of Bonds either playing again ever reaching the Hall of Fame.  He is called a cheater in an era when it is likely that that a large number of players were doing the same thing, without penalty.  It seems to me that Bonds has been singled out while others are left alone.

This is nowhere nearly apparent than with the recent admission by Alex Rodriguez that he took steroids, after having previously denied it and the positive test and 50 game suspension of Manny Ramirez for the use of a banned substance, a suspension that Ramirez just completed.  A-Rod seems to have weathered his admission and I see no one coming after him while Ramirez’s return punctuated every other game during the day.  Neither man received the abuse heaped upon Bonds and they have admitted or actually tested positive for the use of steroids or banned substances.

Having had to administer drug tests as a Army Company Commander I know that the burden of proof is on the prosecutor.  The manner of testing and the chain of custody must be impeccable, otherwise allegations are just that and you cannot, unless you want to look like a fool and attempt to prosecute under Article 15 proceedings or Courts-Martial without unimpeachable evidence that a person took a substance known to be illegal at the time it was used, not something that was made illegal after the fact.  The Bonds prosecution looks to me like a gross misuse of the Grand-Jury system and government power to make an example of Barry Bonds.  If Bonds had been a mediocre player or not hold the records for the all time home runs and single season home runs he would not be a target.

Having said all of this the entire steroid era, especially the actions of the baseball owners, commissioner and players union sullied the game and opened the door to political opportunists like Waxman and investigators who use questionable and likely unethical and maybe even illegal means in order to trip up as suspect, as Novitzky appears to me to have done.  Baseball must police itself and both players and owners must subscribe to a fair and clearly defined drug policy that leaves no room for misinterpretation.  Maybe they should look to military rules of evidence for such a program which apply to all players equally with both random tests throughout the season which would ensure that every player was tested as well as periodic sweeps of the entire league.

In the case of Bonds and those whose real or alleged crimes now date back six or more years it is time to stop the madness.  It is a waste of taxpayer money to continue this sham puritanical inquisition against Bonds while so many others are given a pass.  Bonds name and reputation have been destroyed and he has never been convicted of a crime by prosecutors who continually have their evidence thrown out and indictments overturned by judges.

If you want to read more by Littman and his reporting of this go to: http://sports.yahoo.com/mlb/news?slug=li-novitzkythomas031909&prov=yhoo&type=lgns

As far as A-Rod and Manny, they are not going to the All-Star game this year as baseball fans are tired of this kind of behavior.  If owners and players will not police themselves those of us who love and respect the game will ensure that they are accorded no honors.

Peace, Steve+

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