Process Crimes -- Another Argument for Limited Federal Government
I caught just a bit of the congressional hearing on performance enhancing drugs (PEDs) in baseball. The whole thing is frightening.
Roger Clemens may or may not have used HGH. Andy Pettitte admitted to using HGH. Brian McNamee claimed to have supplied HGH to both. Who is telling the truth? There's no way to tell. It all comes to down to "he said--he said" accusations based upon conversations years ago with no witnesses present. How do you unravel that? You really can't.
This is reminiscent of the "rock, scissors, paper" game that kids play. In my mind, Pettitte's testimony clearly trumps Clemens'--everyone believes Andy. Clemens is more believable than McNamee, since the latter admitted to the congressional committee that he had lied to them on a number of occasions. But Pettitte had to admit that McNamee's claim was correct. Rock (Pettitte) beats scissors (Clemens). Scissors (Clemens) beats paper (McNamee). Paper (McNamee) beats rock (Pettitte). The whole thing is a sordid mess.
As for the baseball world, anyone caught using a PED becomes a pariah and subject to the dreaded curse of the asterisk. They are perceived as "cheaters." Whether Clemems used PEDs or not, the very perception that he did so started a raging debate among the sportswriters and bloggers about Roger's lasting legacy. Is the greatest pitcher of our time really the greatest pitcher of our time? If Clemens cheated, well then, he gets his just recompense--he'll be banned from the Hall of Fame (the baseball equivalent of excommunication or being deposed from office).
To be fair, Clemens is taking McNamee to federal court with a defamation suit, and Clemens has made himself hoarse proclaiming his innocence.
But the fact is HGH use is not illegal, and it wasn't illegal when Pettitte and Clemens (allegedly) used it.
Enter Congress. When Roger Clemens raised his hand and testified under oath before that congressional committee, everything changed. If Clemens lies to Congress, he is apt to be slapped with a perjury charge in which he could do serious time in a federal pen. The crime, mind you, was not taking HGH. The crime is lying to Congress. This is a process crime, plain and simple. This is what happened to Scooter Libby, and a host of others (whose names escape me) all because Congress uses its power to create a potential crime when no underlying crime was even present. This is political "gotcha" with horrific consequences to the victim. Both political parties do it, and it is absolutely shameful when they use these committees to conduct vendettas and create crimes that were not there before the committee called for hearings.
And just why is Congress involved in this matter in the first place? In the words of North Carolina Rep. Patrick McHenry. "This isn’t a hearing, it’s a show trial. . . . And it is another reason why people are fed up with Congress. We’re facing huge challenges in housing, government spending, taxes and illegal immigration. Congress would be better served to focus on any of those issues instead of inserting itself into a name-calling, finger-pointing, school-yard brawl.” Amen!
Roger Clemens may go to jail for lying because Henry Waxman (D), Tom Davis (R), and all the rest of the members of their committee want their pompous-ass mugs on camera.
If the consensus among the baseball world is that Clemens used HGH, he'll suffer the consequences. His reputation will be forever tarnished and the greatest pitcher of the modern era might not be elected to the Hall of Fame. The punishment fits the crime.
But to create a situation in which a man who did not commit a crime now does so, is criminal. If process crimes are not evidence as to why we should do everything in our power to reign these guys in, then I don't know what is.