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Bonds nailed

Discussion in 'Other Sports' started by TitanJeff, Feb 15, 2008.

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    TitanJeff Kahuna Grande

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  1. PhiSlammaJamma Yao

    C. Johnson
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    Spotlight is now on Bonds, lol. I guess nobody cares about Palmeiro, yet....but if you fail a drug test and you have a solid source regarding the provision of the steroid, then you are in big trouble. I think in this case it would be fair game to go after Bonds for perjury, even tho' I don't see the point as he's no threat to anyone.

    I think the more disappointing effect this is having is that I think Congress is screwing itself in end. People used to feel an obligation to tell Congress the truth. They really did. But after all this. Nobody will want to talk to them. Because what is happening is that anyone who testifies is being prosecuted. So who will ever testify again. Everyone will take the 5th in fear of the consequences. And if I were the Patriots video guy, I wouldn't talk no matter what they offered me, because I'd probably end up in jail for talking. It's almost too risky to drag yourself in and try to tell the truth. If you forget something, your dead.
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    TitanJeff Kahuna Grande

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    If called to testify, I don't think a player has the option to decline.
  2. BigRed3 Straight Cash, Homey

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    Hear that thud? I think Ryan just fainted.
  3. PhiSlammaJamma Yao

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    Even if subpoenaed, you don't have to go. VP Cheney even told congress he wouldn't go if he got served. Many people never show. They can also take the 5th. Which is exactly what is happening. Everyone has the opportunity for due process no matter what Congress wants to do with you.

    If the baseball players want to avoid testifying in front of Congress, they will have to ignore the subpoenas and wait until the contempt citations are issued. Once their case is in federal court, they can argue that the subpoenas were unwarranted. (They might try to argue that Congress has no legislative purpose, for example, or that the congressional proceeding will impede the criminal inquiry already underway).
  4. Rebel Titan Oiler Cannon Ball

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    Phi,
    For the average citizen you must attend or go to jail for contempt. Cheney was able to use his executive privilege as acting VP to not attend.
  5. PhiSlammaJamma Yao

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    Not quite. Members of Congress threaten witnesses with contempt citations from time to time, but actual citations are rare, and convictions are even less common. One of the most recent citations was issued in 1982, after the director of the Environmental Protection Agency, Anne Gorsuch Burford, refused to hand over documents related to the management of the $1.6 billion Superfund program to clean up toxic waste sites. When Congress passed a citation for contempt, the U.S. attorney refused to prosecute, asking a federal court to instead rule the citation unconstitutional.

    It just that up until now, people felt obligated to go. But you don't have to.

    The Courts will give you due process first. And if they wanted to, they could actually strip the power of the Congress to subpeona anyone ever. Which is why the Congress doesn't want to take things too far. It's just that right now the Court system feel like Congress needs that power. But at anytime, the Federal Courts could strip away the power of the Congress to do any of the things they currently do in regards to testifying.
  6. Rebel Titan Oiler Cannon Ball

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    The Constitution vests all legislative authority in Congress. U.S. Const., art. I, ยง 1. Although the Constitution does not expressly authorize Congress to issue subpoenas, the Supreme Court has stated that the authority to subpoena is an "indispensable ingredient" of Congress' legislative power. Eastland v. United States Servicemen's Fund, 421 U.S. 491, 505 (1975). In McGrain v. Daugherty, 273 U.S. 135, 174 (1927), the Court declared that "the power of inquiry-with process to enforce it-is an essential and appropriate auxiliary to the legislative function." According to the Court:

    A legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change; and where the legislative body does not itself possess the requisite information-which not infrequently is true-recourse must be had to others who do possess it. Experience has taught that mere requests for such information often are unavailing, and also that information which is volunteered is not always accurate or complete; so some means of compulsion are essential to obtain what is needed.

    Id. at 175. Similarly, in Eastland, the Court said:


    The power to investigate and to do so through compulsory process plainly falls within [the definition of Congress' legislative function]. This Court has often noted that the power to investigate is inherent in the power to make laws.

    Eastland, 421 U.S. at 504.2

    In 1983 Rita Lavelle was indicted for lying to Congress; convicted; sentenced to 6 months in prison, 5 years probation thereafter, and a fine of $10,000
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    TitanJeff Kahuna Grande

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  7. Starkiller 9

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    Canada?
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