And now let us focus on who SHOULD be going to prison...

Now that we've survived the annual refilling of the Hallmark Corporation's coffers, it's time to get back to some less-than-loving issues. In a story that just isn't getting enough publicity today, the BALCO leaker has been unmasked! Attorney Troy Ellerman has agreed to plead guilty to leaking secret grand jury testimony to San Francisco Chronicle reporters Lance Williams and Mark Fainaru-Wada. Williams and Fainaru-Wada used the testimony as the backbone to their engrossing book Game of Shadows, which as most of the world now knows is a devastating report on BALCO, Victor Conte, and how Barry Bonds developed that huge noggin, backne, and (we can only presume, as I don't want first-hand knowledge) testicles the size of lima beans.

As part of Ellerman's plea deal, federal prosecutors will no longer attempt to put Williams and Fainaru-Wada in prison for contempt for refusing to disclose their source who leaked the testimony, thus avoiding the ironic situation where Barry Bonds would be free while the reporters who disclosed his transgressions would go to jail for their disclosures. As an attorney, I'm torn on this issue. On one hand, I appreciate the sanctity of grand jury testimony. Grand jury witnesses are promised that the testimony will be secret, and thus leaking their testimony is a fundamental breach of trust that could impede a criminal investigation.

However, I also appreciate the public good that has come from these leaks (the Pentagon Papers, anyone?), and I fear that prosecution of every reporter who refuses to disclose a confidential source will lead to a chilling effect on the press's ability to report important stories. In the past, reporters only went to jail when national security was at stake, but under this Department of Justice regime, the scope of cases where they will ask for contempt proceedings has expanded significantly. We've already seen the negative consequences, such as the Cleveland Plain-Dealer refusing to publish stories on local corruption scandals because some of the information was based on grand jury testimony. This type of withholdding stories in the public interest combined with the string of reporters being dragged into the Scooter Libby trial gives me great pause and makes me wonder how much we are chipping away at a free and independent press.

Oh wait, but this blog is about baseball! So, to hell with the legal arguments. Hopefully now that this messiness is behind us, we can focus on what's important, namely nailing Bonds's you-know-what to the wall. Unfortunately, Bonds finalized his one-year deal with the Giants today, and MLB has approved the deal. At this time, it's unclear whether the Giants can terminate the deal in the event that Bonds is indicted, convicted, or if syringes start popping out of his navel. Hopefully the special grand jury investigating the matter will make a determination soon. However, they may not be able to do so without Greg Anderson, who lies in prison for contempt while Bonds presumably sends him non-stuttering love letters on a daily basis. Greg, please come forward and tell the truth. Otherwise, come about July, the image of the all-time home run champ will change from this:


to this:



Ball's in your court, Greg. Straight up now tell me, are you gonna do the right thing?