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Major League Baseball Will Fight Subpoenas


Major league baseball has vowed to fight Congressional subpoenas recently issued to many of its top stars, saying it will go to court to prevent the testimony of players and game officials if need be.

The House Government Reform Committee hearing is scheduled for March 17 in Washington. Among those ordered to appear are sluggers Sammy Sosa, Jason Giambi, Mark McGwire, Frank Thomas, Rafael Palmeiro and pitcher Curt Schilling. Executives such as players association chief Donald Fehr, major league baseball executive vice-president Sandy Alderson and Padres general manager Kevin Towers have also been ordered to appear. The committee also has requested drug testing documents from the commissioner's office.

Stanley Brand, a lawyer for the commissioner's office told the Associated Press that the subpoenas were improper. 'The audacity, the legal audacity of subpoenaing someone who's been a grand jury witness before there's been a trial in the case in California is just an absolutely excessive and unprecedented misuse of congressional power,' Brand said. 'Not even the Iran-contra committee attempted to do that, and when it did, it tainted irreparably the prosecutions that came out of that investigation. Now if that's what Congress wants to do to advance what it says is the public interest in combating a very serious problem that baseball has confronted, then in my judgment they've torn loose from their legislative moorings and they're marauding in an area of the law that has very serious consequences for the judicial system.'

Frank Thomas, Jose Canseco, Donald Fehr and Rob Manfred of the commissioner's office have agreed to testify. The others have yet to make a decision.

A statement released by Representatives Tom Davis and Henry Waxman, both on the committee, explained the reason for the hearing. 'It is important the American people know the facts on baseball's steroid scandal. Consistent with our committee's jurisdiction over the nation's drug policy, we need to better understand the steps MLB is taking to get a handle on the steroid issue, and whether news of those steps and the public health danger posed by steroid use is reaching America's youth.'

Clearly, having many of its stars testify before Congress about steroid use two weeks before the opening of the new season would be a black eye for major league baseball. Fighting the subpoenas and having the case drag on through federal courts, however, may be an even bigger and lengthier problem for the image of America's pastime.

Brad Kurtzberg



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