May 11, 2006

CASE AGAINST BALCO REPORTERS SHOULD SWIRL DOWN THE DRAIN

      As if the whole Barry Bonds chasing Babe Ruth’s home run record against the backdrop of steroid abuse isn’t fantastical enough now comes news that the reporters who uncovered the entire scandal are being subpoenaed by the U.S. courts and could face some serious jail time.  The result, surreal as it seems, is that the two San Francisco journalists could be sentenced to longer jail terms than those convicted in the scandal.  If this isn’t a miscarriage of justice, or a misuse of the judicial system, then I can’t figure out what could be.   

      Good reporters need sources to leak information or news would never be divulged and criminals would continue to operate unencumbered.  To think that the government and its police have a handle on criminal misdoings is naïve and smacks of blind faith.  I wonder how severe the Watergate reporters would be reprimanded in this day and age.  Of course Woodward and Bernstein had to deal with many incidents of infiltration and surveillance, of treachery and deceit, of threats and demands and they survived to uncover the most dramatic piece of malfeasance in North American political history. 

       Now, I am not putting Lance Williams and Mark Fainaru-Wada into that company.  Uncovering a steroid scandal is big—but not that big—however the story created a new awareness of cheating in sports and directed the major sports leagues, and the amateur organizations, to take a stronger look at its athletes.  Major League baseball has taken, finally, a more intense look at the issue of performance enhancing drugs in its sport and has even appointed a committee to look into the matter.

       The U.S. government—Bush’s government—is seemingly intent on blowing the cover off leaks that emanate from grand jury testimony.  Bush would prefer that any malfeasance on his part or on the part of anyone connected with his regime remain hidden.  He doesn’t want his secrets leaked, and if the secrecy that close to home is to be maintained the leaks have to be stopped long before they can grow in strength and advance on the White House.  If he can plug those leaks in issues such as BALCO he can use the ways and means necessary to ensure there are no leaks in the White House.  But if democracy is to be maintained (its not like its at the forefront of U.S. constitutional directives these days anyway) journalists need to feel the safety net of the First Amendment that protects journalists and their sources against retribution.  But when reporters get close to the White House they feel the wrath of this particular government.  New York Times report Judith Miller spent 85 days in jail last year for refusing to testify in a case that led to perjury and obstruction of justice charges against Vice President Dick Cheney's top aide, Lewis I. "Scooter" Libby.  There are many more examples of indictments, of sentences, and of crackdowns as the government attempts to limit leaks to journalists.  The BALCO case is just another example of Bush putting his insecure foot down. 

      If the BALCO reporters spent even one day in jail it would be one day longer than BALCO vice president James Valente and track coach Remi Korchemny, who both pleaded guilty to distribution charges but received probationary sentences.  BALCO president Victor Conte got four months in prison and Bonds' personal trainer, Greg Anderson (the man at the center of the Chronicle journalists’ book Game of Shadows) was sentenced to three months, the same sentence facing BALCO supplier Patrick Arnold. 

      “Violations of grand jury secrecy rules will not be tolerated," said San Francisco U.S. Attorney Kevin Ryan.  Well…it’s all well and good to thump your chest and point accusing fingers, but Ryan should be very careful on how he conducts himself in this particular affair.  The government itself has long wanted to impose itself into the goings-on in baseball and, especially, these drug related issues.  This particular grand jury leak has benefited the government because it has pushed baseball into looking at itself without any protective covering.  Baseball cannot close ranks like they did following last year’s steroid commission and insist that it can take care of itself.  No longer can baseball make that claim, and that is why an independent(?) committee was formed. 

      The Chronicle reporters were determined to uncover every last detail relating to the BALCO investigation and, obviously, were aided by jurists, or by those that testified, at the proceedings.  Speculation is that Conte himself, after being arrested and charged, spoke openly when on trial and then leaked any and all information he held to protect himself and to indict others more famous, specifically Bonds, to take the attention off himself.  No proof of this has been found and when Conte was asked about it he turned the accusing finger back on the government.  So now the government wants proof that it was Conte and has demanded that the reporters give up their source(s).  Both Williams and Fainaru-Wada have publicly refused to divulge their sources and seem willing to go to jail to protect the identities. 

      The public continue to go back and forth on the validity of the First Amendment and seem inclined to view its shield for reporters on a case-by-case basis.  The government would prefer an easier route and more direct route, but then their wish for absolute power will never be granted. 

      Maybe, Michael Moore should look into this case.