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  #1 (permalink)  
Old Mon Jan 07, 2008, 06:38am
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Quote:
Originally Posted by MCJB Ump
He won't at the Congressional hearings.
Congressional hearings - now that's a joke! To start with, the Congress is not the Judicial System. In reality, they (the Congress) have no power to force anything on anyone. According to the Constitution, they are the Representatives and voice of the people not judges and magistrates! I don't know where this all came about (Congressional Hearings) but it is nothing but pure BS!

If there is a charge on these baseball players, then let the Judicial System handle it and tell the Congress to go back to sleep until election time! All of this "investigating" costs money -- OUR MONEY! Who really gives a hoot if Clemens used steroids, anyway? Is it going to affect your life? Why doesn't baseball just enforce it's policy 9if there even is one) as of Jan 1 2008.... "If you are caught with steroids, your are out of baseball" and be done with it all!

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Old Mon Jan 07, 2008, 11:08am
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Quote:
Originally Posted by ozzy6900
Congressional hearings - now that's a joke! To start with, the Congress is not the Judicial System. In reality, they (the Congress) have no power to force anything on anyone. According to the Constitution, they are the Representatives and voice of the people not judges and magistrates! I don't know where this all came about (Congressional Hearings) but it is nothing but pure BS!
You are incorrect. Congress has the constitutional authority to compel Roger to testify if they so choose. Moreover, Congress has a lot more authority than you think. In our 3-branch government, the balance of power does tip slightly in favor of Congress, as it should.
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  #3 (permalink)  
Old Mon Jan 07, 2008, 11:55am
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From MLB.com (and dozens of other news outlets)

Report: Clemens sues McNamee. Pitcher claims defamation on part of former trainer
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  #4 (permalink)  
Old Mon Jan 07, 2008, 12:59pm
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Quote:
Originally Posted by Dakota
It would be great if he can prove that he has been clean. However, why would his Trainer lie? I understand to avoid prosecution he had to "tell the truth". He threw Pettet under the bus and he fessed up. Why claim Roger did it if in fact he's clean? Unless Roger figures his Trainer can't provide a paper trail or Roger never took performance enhancing drugs.
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  #5 (permalink)  
Old Mon Jan 07, 2008, 08:32pm
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Quote:
Originally Posted by gordon30307
It would be great if he can prove that he has been clean. However, why would his Trainer lie? I understand to avoid prosecution he had to "tell the truth". He threw Pettet under the bus and he fessed up. Why claim Roger did it if in fact he's clean? Unless Roger figures his Trainer can't provide a paper trail or Roger never took performance enhancing drugs.
He has a lot of motive. The bigger the names, the better they let you off. If you claim you really were involved in something, they might give you a reduced sentence. It is no different in any Federal case. They do not want small people, they want the big fish. And if you can claim that your illegal dealings involved the biggest of names, the better. Just like the IRS does not go after people that owe a $100 on their taxes. But if you owe thousands and blatantly are avoiding filing, they go after you.

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Old Mon Jan 07, 2008, 08:49pm
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The Vols beat yall by 4 touchdowns in '01 so shut up!
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  #7 (permalink)  
Old Mon Jan 07, 2008, 09:00pm
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Quote:
Originally Posted by JRutledge
He has a lot of motive. The bigger the names, the better they let you off. If you claim you really were involved in something, they might give you a reduced sentence. It is no different in any Federal case. They do not want small people, they want the big fish. And if you can claim that your illegal dealings involved the biggest of names, the better. Just like the IRS does not go after people that owe a $100 on their taxes. But if you owe thousands and blatantly are avoiding filing, they go after you.

Peace
The flaw in this explanaton is that McNamee was granted immunity in exchange for telling the truth and, according to his lawyer, was told that if it turned out he lied he stood to lose his immunity.
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Old Mon Jan 07, 2008, 09:19pm
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Quote:
Originally Posted by GarthB
The flaw in this explanaton is that McNamee was granted immunity in exchange for telling the truth and, according to his lawyer, was told that if it turned out he lied he stood to lose his immunity.
Of course he was. That is why he has a motivation to give them what they want. Either way it goes, none of us know the truth. But to make it sound like he could not be lying because he does not have a motive is silly. When you are given immunity, it is done so the government gets what they really want. McNamee is not who they are going after.

And if you listened to the phone conversation, it was clear McNamee was trying to apologize to Roger for what he had done. If you are telling the truth, why apologize?

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Old Mon Jan 07, 2008, 09:20pm
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Lightbulb Guilty until proven Innocent

The problem here is that this man has had his name included in a report that is based solely on hearsay. The people who are giving the information on who was involved in this activity are either granted immunity for their testimony, or also have an axe to grind against their former employers.One point RC made at his News Conference was that it will take years to clear his name with the public. Once labeled, whether you are cleared and exonerated, your reputation is damaged for good. When deciding on who is more credible in this matter, it is a no brainer for me.
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Old Mon Jan 07, 2008, 12:20pm
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Quote:
Originally Posted by UMP25
You are incorrect. Congress has the constitutional authority to compel Roger to testify if they so choose. Moreover, Congress has a lot more authority than you think. In our 3-branch government, the balance of power does tip slightly in favor of Congress, as it should.
To start with, Congress is only supposed to call tribunal hearings inferior to the Supreme Court. It was originally supposed to be a way to acquire information. It was never supposed to be the high and mighty proceedings that we have seen since the 1950's! They were never supposed to have any "power" other that acquire information. Remember, this was before the days of the FBI, US Marshals and Police agencies. Gathering facts for a National problem in those days was very difficult. Today, the Congress chooses to "investigate" anything it pleases with no regard to the cost either monetary or other! Leave this BS to the Judicial System.
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Old Mon Jan 07, 2008, 05:34pm
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Quote:
Originally Posted by ozzy6900
To start with, Congress is only supposed to call tribunal hearings inferior to the Supreme Court. It was originally supposed to be a way to acquire information. It was never supposed to be the high and mighty proceedings that we have seen since the 1950's! They were never supposed to have any "power" other that acquire information. Remember, this was before the days of the FBI, US Marshals and Police agencies. Gathering facts for a National problem in those days was very difficult. Today, the Congress chooses to "investigate" anything it pleases with no regard to the cost either monetary or other! Leave this BS to the Judicial System.
It's not the job of the judicial system to investigate anything. The judiciary has way too much power as it is. Also, your allusion to tribunals inferior to SCOTUS is a falty analysis; that's irrelevant here. Congress has the ultimate authority, even over SCOTUS in certain respects. Congress cannot eliminate SCOTUS, or change SCOTUS's original jurisdiction authority--that's specified in Article III. However, it can remove SCOTUS's power to review any area of law it chooses (except, of course, those specifically permitted via original jurisdiction).

Congress can subpoena witnesses, or force them to testify under oath, before its committees. This authority comes from the Constitution's grant to Congress of “all legislative powers” (Article 1, Section 1). Witnesses are subpoenaed to provide information that will assist committees in preparing legislation. In the case of Mc-Grain v. Daugherty (1927), the Supreme Court recognized that Congress could subpoena even private citizens to testify. The Court noted that since not everyone would volunteer needed information, “some means of compulsion are essential to obtain what is needed.” Witnesses who refuse to respond to a congressional subpoena, or refuse to give information (unless they invoke their 5th Amendment protection against self-incrimination) may be found in contempt of Congress and sent to prison.

Last edited by UMP25; Mon Jan 07, 2008 at 05:38pm.
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Old Mon Jan 07, 2008, 05:47pm
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Nothing in the Constitution declares the rulings of the SCOTUS as "the law of the land." SCOTUS has the power it currently dictates onto the people because it declared that power for itself (otherwise known as "The Divine rights of Justices"). SCOTUS continues its slow gathering of power to itself while neither of the other two branches have had the rocks to defy the Supreme Court's self-declared supremacy.

Since the executive is the only branch with police powers, and the legislative is the only branch with taxing / purse powers, either or both could legally and easily (theoretically) curtail the out-of-control (IMO) federal judiciary.

They (executive and judiciary) have failed to adequately put the SCOTUS and the federal judiciary in general back in line as a co-equal branch, preferring to operate as subservient while trying to stack the court so the dictates of the court would agree with the politics of those currently in power in each branch.

JMO, and only JMO.
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  #13 (permalink)  
Old Mon Jan 07, 2008, 06:09pm
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Quote:
Originally Posted by Dakota
Nothing in the Constitution declares the rulings of the SCOTUS as "the law of the land." SCOTUS has the power it currently dictates onto the people because it declared that power for itself (otherwise known as "The Divine rights of Justices").
That would be because of Marbury v. Madison. Regardless, decisions of SCOTUS are, indeed, the law of the land and cannot be altered unless by an act of Congress (if it's not a constitutional "right") or by a constitutional amendment or by a future SCOTUS reversal.

Quote:
SCOTUS continues its slow gathering of power to itself while neither of the other two branches have had the rocks to defy the Supreme Court's self-declared supremacy.
I won't deny this, and it's something that ought to bother all Americans, not just conservatives (who seem to be the ones doing the most complaining about this).

Quote:
Since the executive is the only branch with police powers, and the legislative is the only branch with taxing / purse powers, either or both could legally and easily (theoretically) curtail the out-of-control (IMO) federal judiciary.
The Executive Branch can't curtail judicial rulings, save perhaps to defy them, which I do not support at all. Congress, on the other hand, has the final say over both the Executive and the Judiciary, which is at it should be.
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Old Mon Jan 07, 2008, 06:52pm
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Roger the Dodger in a BAD Spot

Roger lied when he stated he hoped to play another year. He's lied about that at least 3 times.
Roger named at least 5 drugs he injested. How many more hasn't he fessed up to taking?
Anyway, Roger better hope his training partner didn't leave a paper trail.
Oops, his training partner was caught and plead guilty for having one.
Any bets MLB and the government will lose some of the evidence?
Phone call, for Mr. Jason Grimsley!
http://sports.espn.go.com/mlb/column...son&id=2474247
http://sports.espn.go.com/mlb/news/story?id=2609002

Last edited by SAump; Mon Jan 07, 2008 at 07:08pm.
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Old Mon Jan 07, 2008, 06:57pm
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Wow. I went to law school and spent 3 years and tens of thousands of dollars studying Constitutional Law (yeah, I was a constitutional law nerd)...but if I had just been patient I could have learned it all here. (sigh)

Is it too late to get a refund?
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