Views on the Bonds' indictment: let's stick to the facts

In looking at the reaction concerning the indictment of Barry Bonds on perjury and obstruction charges, there are themes:

1.  Barry Bonds is a jerk.

For Barry Bonds, who's always been light years longer on talent than he is on decency and common sense, telling the truth was never an option. Arrogance was his armor and the law -- whether of social interaction, the game he played or nation under whose aegis he became rich and famous -- was of no consequence to him because he was above it. No matter what you call it, he got not so much what he deserved, but what he earned. -- Mike Celizic, NBCNews.com

Apparently Bonds offended many journalists out there.  The fact of the matter is that the indictments are not about Barry Bonds personality.  Being a jerk does not constitute a crime; nor does that lead to bad karma.  We should stick to the topic of the indictment, which is lying to the grand jury.

2. A new attorney general ordered Bonds indictment.

Another possibility is that something did happen very recently that impacted on this case, but had nothing to do with Barry Bonds himself -- namely, we just got a brand new Attorney General, Michael Mukasey. This is a high-profile case and it seems that any decision to indict Barry Bonds would have to be made at the highest levels. -- Rob Becker, FoxSports.com

The new Attorney General has likely not yet found the key to the bathroom in his new office.  Barry Bonds perjury charges are probably not critical to the administration of justice.  We doubt the new AG ordered the Bonds' indictment.

3.  Barry Bonds should have been contrite about steroid use.

Back when the first grand jury was convened in 2003, Bonds could have quivered a bit and said he had been a bad slugger by going for the quick fix and deceiving the public, and he could have promised to never do it again, and he could have walked, free to break Babe Ruth's record and Henry Aaron's record without this infamy hanging over him. Americans love a good confession. But the truth is not in Barry Bonds, who is so far outside the limits of reality that he did not see the advantage to a little show of humility, a little flash of honesty. -- George Vecsey, New York Times

The grand jury did not ask Barry Bonds to admit to being a bad slugger.  The questions seen in the indictment simply asked Bonds about his use of PEDs.  The prosecutor did not prosecute Bonds for PED use.  The prosecutor prosecuted Victor Conte, and Greg Anderson, and others, for conspiracy to deliver illegal substances.  The prosecutor did not ask Bonds to promise he would never again use PEDs.  The prosecutor asked Bonds to tell the truth.  When Bonds allegedly lied to the prosecutor, he obstructed justice.

4. This indictment shows Bonds cheated by using 'roids.

What a dismal day for baseball and for anyone who paid good money to watch Bonds hit who knows how many home runs with the benefit of steroids or performance-enhancing drugs in his body. The shame of it all is that his natural talent would have been enough. But according to the indictment, Bonds couldn't resist what the syringes, or the Clear, or the Cream, could provide. -- Gene Wojciechowski, ESPN.com

Yes and No; the indictment is about perjury and obstruction, not about the use of illegal substances.  This not a sad day for baseball, but rather a sad day for Barry Bonds.  Baseball has experienced a sad decade or two.  Baseball's negligence of the PED issue set the stage;  Barry Bonds PED use would have been of no concern to the Gov't had he simple told the truth to the prosecution.

The indictment (preliminary Point 9) states Bonds tested positive for the juice.  However, that test will be used to support the charge of perjury.

If the Gov't supported sports fraud laws, then Bonds' use of PEDs would be of vital interest to the prosecutor.  However, in drug prosecutions, the Gov't is interested in the distributors or those that obstruct justice in pursuing the dealers.

5. Yes.

Before we put both feet through this looking-glass of absurdity, let's go on record with a few things: Bonds is more likely a jerk, not a pariah. I have few doubts that he cheated baseball, baseball fans and baseball's record books. Because of that, I was as eager as the next guy to see him caught. I wanted him exposed in baseball's courtroom for his crimes against the game. The charade that has been played out by the U.S. Attorney's Office for the Northern District of California is hardly a satisfying substitute. -- Rick Maese, Baltimore Sun

Bonds is not indicted for juicing; in fact we see no issue here that would keep Bonds out of the Hall of Fame per se.  Bonds is accused of lying about PED use.  However, strictly speaking, Bonds' lying to a grand jury is not the same issue as Bonds' significant use of PEDs -- use that taints his baseball records.

See sports fraud above