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	<title>Comments on: Law geek corner: considering Barry Bonds&#8217; obstruction conviction</title>
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	<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/</link>
	<description>Baseball. Baseball. And then a bit more baseball.</description>
	<lastBuildDate>Wed, 22 May 2013 13:35:58 +0000</lastBuildDate>
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		<title>By: gwlaw</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-138812</link>
		<dc:creator><![CDATA[gwlaw]]></dc:creator>
		<pubDate>Wed, 18 May 2011 16:06:55 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-138812</guid>
		<description><![CDATA[Craig, you didn&#039;t explain jury nulification well, you&#039;re missing key aspects.  You should go buy and read the book that your professor wrote about it about two years ago, you&#039;ll understand it better.  The most important thing is that it is a right, has always been around, and is just another check on the system (a very strong system with few checks).

Love, a current student who loves the professors you tried to make fun of and am glad they&#039;re still here, making up one of the best faculties around.]]></description>
		<content:encoded><![CDATA[<p>Craig, you didn&#8217;t explain jury nulification well, you&#8217;re missing key aspects.  You should go buy and read the book that your professor wrote about it about two years ago, you&#8217;ll understand it better.  The most important thing is that it is a right, has always been around, and is just another check on the system (a very strong system with few checks).</p>
<p>Love, a current student who loves the professors you tried to make fun of and am glad they&#8217;re still here, making up one of the best faculties around.</p>
]]></content:encoded>
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	<item>
		<title>By: Craig Calcaterra</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137400</link>
		<dc:creator><![CDATA[Craig Calcaterra]]></dc:creator>
		<pubDate>Fri, 13 May 2011 01:26:37 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137400</guid>
		<description><![CDATA[To be clear: lots of people go to jail because of simple possession. It&#039;s often on plea deals, though due to the threat of taking it to trial, or else it&#039;s stuff that&#039;s charged along with simple possession that gets to a jury.  That shit is awful, and I don&#039;t think it should happen. It&#039;s not terribly common though for someone to be indicted and tried to a jury on such a charge alone.

The real pernicious thing about possession beefs are that they give people records and then quickly turn into multiples, and then because of our dumbass &quot;get tough on crime&quot; culture, that turns into serious time and then lives are ruined and people become unemployable or are indoctrinated into a criminal lifestyle while in prison. 

We&#039;re getting far afield here now, but yeah, I think we agree on the nature of the drug war. I just don&#039;t think that there has been a serious effort to do much to stop it via political means yet, and I&#039;d be loathe to advocate using the jury system to do it because of the damage you can do to the jury system in the process.]]></description>
		<content:encoded><![CDATA[<p>To be clear: lots of people go to jail because of simple possession. It&#8217;s often on plea deals, though due to the threat of taking it to trial, or else it&#8217;s stuff that&#8217;s charged along with simple possession that gets to a jury.  That shit is awful, and I don&#8217;t think it should happen. It&#8217;s not terribly common though for someone to be indicted and tried to a jury on such a charge alone.</p>
<p>The real pernicious thing about possession beefs are that they give people records and then quickly turn into multiples, and then because of our dumbass &#8220;get tough on crime&#8221; culture, that turns into serious time and then lives are ruined and people become unemployable or are indoctrinated into a criminal lifestyle while in prison. </p>
<p>We&#8217;re getting far afield here now, but yeah, I think we agree on the nature of the drug war. I just don&#8217;t think that there has been a serious effort to do much to stop it via political means yet, and I&#8217;d be loathe to advocate using the jury system to do it because of the damage you can do to the jury system in the process.</p>
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		<title>By: solidzac</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137399</link>
		<dc:creator><![CDATA[solidzac]]></dc:creator>
		<pubDate>Fri, 13 May 2011 01:16:58 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137399</guid>
		<description><![CDATA[Simple possession cases rarely if ever lead to jury trials.

I&#039;m going to believe you on this one, as you&#039;ve no doubt forgotten more about it yada yada yada, but I&#039;ve heard of several instances of people (second hand all, friends of friends kinds of things) going to prison for years at a time for simple possession. Again, I&#039;m going to assume you&#039;re right and that a) those are the exception and b) they had criminal records beforehand. 

Finally, I&#039;m pretty sure Simon only advocated nullifying specifically non-violent cases, so I always assumed that if robbery, assault, and worse were involved, he would (and would expect others to) withdraw their support for such an action.]]></description>
		<content:encoded><![CDATA[<p>Simple possession cases rarely if ever lead to jury trials.</p>
<p>I&#8217;m going to believe you on this one, as you&#8217;ve no doubt forgotten more about it yada yada yada, but I&#8217;ve heard of several instances of people (second hand all, friends of friends kinds of things) going to prison for years at a time for simple possession. Again, I&#8217;m going to assume you&#8217;re right and that a) those are the exception and b) they had criminal records beforehand. </p>
<p>Finally, I&#8217;m pretty sure Simon only advocated nullifying specifically non-violent cases, so I always assumed that if robbery, assault, and worse were involved, he would (and would expect others to) withdraw their support for such an action.</p>
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		<title>By: Craig Calcaterra</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137393</link>
		<dc:creator><![CDATA[Craig Calcaterra]]></dc:creator>
		<pubDate>Thu, 12 May 2011 23:45:05 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137393</guid>
		<description><![CDATA[It&#039;s probably worth unpacking this a bit. Simple possession cases rarely if ever lead to jury trials. They are their own problem and a problem that leads to greater ones, but when we talk of nullification as a social policy, understand that it would rarely if ever have an affect on the worst atrocities of the war on drugs, which is the criminalization of harmless behavior and the encumbering of otherwise honest people with criminal records that make their lives harder.

I am all for changing this radically, be it via legalization of some drugs or, at the very least, decriminalization of the offenses related there to.  Precious little has been done on these fronts, however. To the extent the process has been utilized, however, there has been some success and public opinion is changing in small but increasingly significant ways.

When we get to talking about jury trials, however, we are typically talking about crimes that, while they may have drugs at the center, are more serious. Robbery. Assault.Worse.  These are not the sorts of crimes I&#039;m comfortable ignoring in the name of social justice.]]></description>
		<content:encoded><![CDATA[<p>It&#8217;s probably worth unpacking this a bit. Simple possession cases rarely if ever lead to jury trials. They are their own problem and a problem that leads to greater ones, but when we talk of nullification as a social policy, understand that it would rarely if ever have an affect on the worst atrocities of the war on drugs, which is the criminalization of harmless behavior and the encumbering of otherwise honest people with criminal records that make their lives harder.</p>
<p>I am all for changing this radically, be it via legalization of some drugs or, at the very least, decriminalization of the offenses related there to.  Precious little has been done on these fronts, however. To the extent the process has been utilized, however, there has been some success and public opinion is changing in small but increasingly significant ways.</p>
<p>When we get to talking about jury trials, however, we are typically talking about crimes that, while they may have drugs at the center, are more serious. Robbery. Assault.Worse.  These are not the sorts of crimes I&#8217;m comfortable ignoring in the name of social justice.</p>
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		<title>By: solidzac</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137389</link>
		<dc:creator><![CDATA[solidzac]]></dc:creator>
		<pubDate>Thu, 12 May 2011 23:12:10 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137389</guid>
		<description><![CDATA[I&#039;d like to make it clear that I would certainly think long and hard before I did something as drastic as undermine the legal process, but I can&#039;t help but think of all the people who get sent to prison because they happened to have some drugs on them. I don&#039;t know that, as a member of a jury, I could look a defendant in the eye and declare them guilty of a crime I don&#039;t agree should even be a crime in the first place. And while I agree that the things need to be changed politically before anything of worth can really be accomplished, it&#039;s a little bit like saying that Rosa Parks should have just sat where she was told and go home to write to her congressman about how unfair segregation was.]]></description>
		<content:encoded><![CDATA[<p>I&#8217;d like to make it clear that I would certainly think long and hard before I did something as drastic as undermine the legal process, but I can&#8217;t help but think of all the people who get sent to prison because they happened to have some drugs on them. I don&#8217;t know that, as a member of a jury, I could look a defendant in the eye and declare them guilty of a crime I don&#8217;t agree should even be a crime in the first place. And while I agree that the things need to be changed politically before anything of worth can really be accomplished, it&#8217;s a little bit like saying that Rosa Parks should have just sat where she was told and go home to write to her congressman about how unfair segregation was.</p>
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		<title>By: rebarratige</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137374</link>
		<dc:creator><![CDATA[rebarratige]]></dc:creator>
		<pubDate>Thu, 12 May 2011 21:43:56 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137374</guid>
		<description><![CDATA[Craig -

What sort of evidence would you require in order to convince you that, with regard to the criminal law&#039;s treatment of drugs and drug use, the political process is &quot;broken&quot;? What would have to be the case before you reached that conclusion? Serious question. I think arguments about whether or not politics &quot;works&quot; here or there break down because nobody bothers to define &quot;working&quot; and &quot;not working&quot; in any rigorous way.]]></description>
		<content:encoded><![CDATA[<p>Craig -</p>
<p>What sort of evidence would you require in order to convince you that, with regard to the criminal law&#8217;s treatment of drugs and drug use, the political process is &#8220;broken&#8221;? What would have to be the case before you reached that conclusion? Serious question. I think arguments about whether or not politics &#8220;works&#8221; here or there break down because nobody bothers to define &#8220;working&#8221; and &#8220;not working&#8221; in any rigorous way.</p>
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		<title>By: nixonotis</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137365</link>
		<dc:creator><![CDATA[nixonotis]]></dc:creator>
		<pubDate>Thu, 12 May 2011 20:59:16 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137365</guid>
		<description><![CDATA[But then you&#039;re a politician, not a lawyer.]]></description>
		<content:encoded><![CDATA[<p>But then you&#8217;re a politician, not a lawyer.</p>
]]></content:encoded>
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		<title>By: genericcommenter</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137364</link>
		<dc:creator><![CDATA[genericcommenter]]></dc:creator>
		<pubDate>Thu, 12 May 2011 20:48:34 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137364</guid>
		<description><![CDATA[Professor b. *might* not be all that bad, especially if his view is being oversimplified to the extent I believe. I think jury nullification is a valid tactic in the case of unjust laws, and there is no doubt some laws are both unjust and applied disproportionately ( both in bringing charges/indictments and punishments) for different classes.]]></description>
		<content:encoded><![CDATA[<p>Professor b. *might* not be all that bad, especially if his view is being oversimplified to the extent I believe. I think jury nullification is a valid tactic in the case of unjust laws, and there is no doubt some laws are both unjust and applied disproportionately ( both in bringing charges/indictments and punishments) for different classes.</p>
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	<item>
		<title>By: Craig Calcaterra</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137362</link>
		<dc:creator><![CDATA[Craig Calcaterra]]></dc:creator>
		<pubDate>Thu, 12 May 2011 20:46:49 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137362</guid>
		<description><![CDATA[Because it&#039;s not true. There is a political process that still works in this country and that process, not the criminal justice system, is where political statements should be made.

I get where he&#039;s coming from. And I understand that he has lost faith in the process. But that doesn&#039;t mean everyone else should.]]></description>
		<content:encoded><![CDATA[<p>Because it&#8217;s not true. There is a political process that still works in this country and that process, not the criminal justice system, is where political statements should be made.</p>
<p>I get where he&#8217;s coming from. And I understand that he has lost faith in the process. But that doesn&#8217;t mean everyone else should.</p>
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	<item>
		<title>By: solidzac</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137358</link>
		<dc:creator><![CDATA[solidzac]]></dc:creator>
		<pubDate>Thu, 12 May 2011 20:43:03 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137358</guid>
		<description><![CDATA[Any particular reason why? I&#039;m the farthest thing from an authority as you can get, but Simon&#039;s arguments - if I recall correctly being that it&#039;s essentially the only way people can express their dissatisfaction with the war on drugs - were pretty persuasive to me.]]></description>
		<content:encoded><![CDATA[<p>Any particular reason why? I&#8217;m the farthest thing from an authority as you can get, but Simon&#8217;s arguments &#8211; if I recall correctly being that it&#8217;s essentially the only way people can express their dissatisfaction with the war on drugs &#8211; were pretty persuasive to me.</p>
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		<title>By: superpriebe</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137293</link>
		<dc:creator><![CDATA[superpriebe]]></dc:creator>
		<pubDate>Thu, 12 May 2011 18:33:50 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137293</guid>
		<description><![CDATA[&quot;I know a lot of you are sick of this, but there are a bunch of lawyers who hang around here too, and this is for them.&quot;

I&#039;m not a lawyer, but I thoroughly enjoy reading the Bonds posts (and your other law-related posts in general). I&#039;d say they&#039;re among my favorite things to read on this blog. Keep &#039;em coming.]]></description>
		<content:encoded><![CDATA[<p>&#8220;I know a lot of you are sick of this, but there are a bunch of lawyers who hang around here too, and this is for them.&#8221;</p>
<p>I&#8217;m not a lawyer, but I thoroughly enjoy reading the Bonds posts (and your other law-related posts in general). I&#8217;d say they&#8217;re among my favorite things to read on this blog. Keep &#8216;em coming.</p>
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		<title>By: jwbiii</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137277</link>
		<dc:creator><![CDATA[jwbiii]]></dc:creator>
		<pubDate>Thu, 12 May 2011 18:02:46 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137277</guid>
		<description><![CDATA[Jeff Novitzky&#039;s background is with the IRS. They are really good at following the money. If there was any payoff from Bonds, they would likely have found it and charged Bonds with that.]]></description>
		<content:encoded><![CDATA[<p>Jeff Novitzky&#8217;s background is with the IRS. They are really good at following the money. If there was any payoff from Bonds, they would likely have found it and charged Bonds with that.</p>
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	<item>
		<title>By: Craig Calcaterra</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137273</link>
		<dc:creator><![CDATA[Craig Calcaterra]]></dc:creator>
		<pubDate>Thu, 12 May 2011 17:55:25 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137273</guid>
		<description><![CDATA[And while I love David Simon&#039;s work and share his criticisms of the war on drugs and a lot of other topics, he&#039;s wrong here.]]></description>
		<content:encoded><![CDATA[<p>And while I love David Simon&#8217;s work and share his criticisms of the war on drugs and a lot of other topics, he&#8217;s wrong here.</p>
]]></content:encoded>
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	<item>
		<title>By: solidzac</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137268</link>
		<dc:creator><![CDATA[solidzac]]></dc:creator>
		<pubDate>Thu, 12 May 2011 17:46:29 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137268</guid>
		<description><![CDATA[b) a man who got on 60 Minutes by arguing that criminal juries should, as a rule, ignore the facts and law in a case and commit nullification when poor and underprivileged people are on trial.  

Not to bring him up twice in the same thread, but David Simon has written that he thinks this exact thing should be done in all cases involving non-violent drug offenders.]]></description>
		<content:encoded><![CDATA[<p>b) a man who got on 60 Minutes by arguing that criminal juries should, as a rule, ignore the facts and law in a case and commit nullification when poor and underprivileged people are on trial.  </p>
<p>Not to bring him up twice in the same thread, but David Simon has written that he thinks this exact thing should be done in all cases involving non-violent drug offenders.</p>
]]></content:encoded>
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	<item>
		<title>By: rebarratige</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137256</link>
		<dc:creator><![CDATA[rebarratige]]></dc:creator>
		<pubDate>Thu, 12 May 2011 17:33:58 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137256</guid>
		<description><![CDATA[I think you answered your own question there - if it is happening, Bonds is obviously going to keep it so far under the table that it&#039;s also under the floorboards. So, nothing comes out about it.]]></description>
		<content:encoded><![CDATA[<p>I think you answered your own question there &#8211; if it is happening, Bonds is obviously going to keep it so far under the table that it&#8217;s also under the floorboards. So, nothing comes out about it.</p>
]]></content:encoded>
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	<item>
		<title>By: rebarratige</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137248</link>
		<dc:creator><![CDATA[rebarratige]]></dc:creator>
		<pubDate>Thu, 12 May 2011 17:31:18 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137248</guid>
		<description><![CDATA[Or, alternatively: The court&#039;s job is to enforce &quot;fairness,&quot; whether or not that involves enforcing the law.

Danger.]]></description>
		<content:encoded><![CDATA[<p>Or, alternatively: The court&#8217;s job is to enforce &#8220;fairness,&#8221; whether or not that involves enforcing the law.</p>
<p>Danger.</p>
]]></content:encoded>
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	<item>
		<title>By: Jonny 5</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137227</link>
		<dc:creator><![CDATA[Jonny 5]]></dc:creator>
		<pubDate>Thu, 12 May 2011 17:13:22 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137227</guid>
		<description><![CDATA[Dlevalley,That&#039;s why I think it&#039;ll be overturned in appeals court. I&#039;m not saying it shouldn&#039;t be either. But by the verdict that MUST be the America you live in. You may not wish to acknowledge it, and that&#039;s fine too.

Gates, Isn&#039;t that the point of a legal defense? I mean usually there&#039;s a guilty party, and for the guilty to be set free there must be some sort of &quot;obstruction&quot; or misleading of the court and jury. Or all guilty parties would be found guilty.]]></description>
		<content:encoded><![CDATA[<p>Dlevalley,That&#8217;s why I think it&#8217;ll be overturned in appeals court. I&#8217;m not saying it shouldn&#8217;t be either. But by the verdict that MUST be the America you live in. You may not wish to acknowledge it, and that&#8217;s fine too.</p>
<p>Gates, Isn&#8217;t that the point of a legal defense? I mean usually there&#8217;s a guilty party, and for the guilty to be set free there must be some sort of &#8220;obstruction&#8221; or misleading of the court and jury. Or all guilty parties would be found guilty.</p>
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	<item>
		<title>By: clydeserra</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137226</link>
		<dc:creator><![CDATA[clydeserra]]></dc:creator>
		<pubDate>Thu, 12 May 2011 17:12:23 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137226</guid>
		<description><![CDATA[I would bet you have it backwards. Bonds&#039; answers may have been trying to protect Anderson.]]></description>
		<content:encoded><![CDATA[<p>I would bet you have it backwards. Bonds&#8217; answers may have been trying to protect Anderson.</p>
]]></content:encoded>
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		<title>By: BC</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137221</link>
		<dc:creator><![CDATA[BC]]></dc:creator>
		<pubDate>Thu, 12 May 2011 17:09:32 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137221</guid>
		<description><![CDATA[Nothing has come out in the proceedings that discusses whether Bonds is telling Anderson to go to jail rather than testify, and Bonds is paying him off?   That would be grounds for obstruction based on withholding a witness, no?  I don&#039;t think anything like that has come out.  And if it is going on, Bonds is smart enough to get the guy paid in cash under the table.
Just another angle.]]></description>
		<content:encoded><![CDATA[<p>Nothing has come out in the proceedings that discusses whether Bonds is telling Anderson to go to jail rather than testify, and Bonds is paying him off?   That would be grounds for obstruction based on withholding a witness, no?  I don&#8217;t think anything like that has come out.  And if it is going on, Bonds is smart enough to get the guy paid in cash under the table.<br />
Just another angle.</p>
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	<item>
		<title>By: clydeserra</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137213</link>
		<dc:creator><![CDATA[clydeserra]]></dc:creator>
		<pubDate>Thu, 12 May 2011 16:59:24 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137213</guid>
		<description><![CDATA[Well in that case the conviction is the one that would be extra-constitutional.]]></description>
		<content:encoded><![CDATA[<p>Well in that case the conviction is the one that would be extra-constitutional.</p>
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	<item>
		<title>By: dlevalley</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137212</link>
		<dc:creator><![CDATA[dlevalley]]></dc:creator>
		<pubDate>Thu, 12 May 2011 16:58:02 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137212</guid>
		<description><![CDATA[So, if the prosecution can&#039;t meet their burden of proof, but we all *know* he did and *really* don&#039;t like the guy, the prosecutor should just tack on a lesser charge that the defendant isn&#039;t guilty of but that will make everyone feel real good about the case? 

Sorry, that&#039;s not the America I live in.]]></description>
		<content:encoded><![CDATA[<p>So, if the prosecution can&#8217;t meet their burden of proof, but we all *know* he did and *really* don&#8217;t like the guy, the prosecutor should just tack on a lesser charge that the defendant isn&#8217;t guilty of but that will make everyone feel real good about the case? </p>
<p>Sorry, that&#8217;s not the America I live in.</p>
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		<title>By: Mr. Jason "El Bravo" Heyward</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137205</link>
		<dc:creator><![CDATA[Mr. Jason "El Bravo" Heyward]]></dc:creator>
		<pubDate>Thu, 12 May 2011 16:44:54 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137205</guid>
		<description><![CDATA[I plead the fizzith! The best defense a witness can take.

http://www.youtube.com/watch?v=4CzocBkrWpA]]></description>
		<content:encoded><![CDATA[<p>I plead the fizzith! The best defense a witness can take.</p>
<p><span class='embed-youtube' style='text-align:center; display: block;'><iframe class='youtube-player' type='text/html' width='635' height='388' src='http://www.youtube.com/embed/4CzocBkrWpA?version=3&#038;rel=1&#038;fs=1&#038;showsearch=0&#038;showinfo=1&#038;iv_load_policy=1&#038;wmode=transparent' frameborder='0'></iframe></span></p>
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		<title>By: Charles Gates</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137204</link>
		<dc:creator><![CDATA[Charles Gates]]></dc:creator>
		<pubDate>Thu, 12 May 2011 16:44:42 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137204</guid>
		<description><![CDATA[You&#039;re bordering really, really close to: mounting a legal defense is tantamount to obstruction of justice.]]></description>
		<content:encoded><![CDATA[<p>You&#8217;re bordering really, really close to: mounting a legal defense is tantamount to obstruction of justice.</p>
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		<title>By: Mr. Jason "El Bravo" Heyward</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137202</link>
		<dc:creator><![CDATA[Mr. Jason "El Bravo" Heyward]]></dc:creator>
		<pubDate>Thu, 12 May 2011 16:42:49 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137202</guid>
		<description><![CDATA[Well at least he wasn&#039;t a motherf@cker.]]></description>
		<content:encoded><![CDATA[<p>Well at least he wasn&#8217;t a motherf@cker.</p>
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		<title>By: Jonny 5</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137200</link>
		<dc:creator><![CDATA[Jonny 5]]></dc:creator>
		<pubDate>Thu, 12 May 2011 16:40:57 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137200</guid>
		<description><![CDATA[I would say this is setting a precedence I don&#039;t like. That is if it isn&#039;t overturned on appeal. But I also think it was a charge specifically used to punish Bonds for his crimes when the jury couldn&#039;t come to an agreement on guilty beyond reasonable doubt for the other charges. &quot;We know you&#039;re guilty, there isn&#039;t overwhelming evidence, so here&#039;s what you get.&quot; And while it may not actually hold water as noted above, it&#039;s probably fair to say he did indeed attempt to mislead which I consider obstruction. We all know he was trying to save his, as well as others a$$es, he had to mislead to do so I think.]]></description>
		<content:encoded><![CDATA[<p>I would say this is setting a precedence I don&#8217;t like. That is if it isn&#8217;t overturned on appeal. But I also think it was a charge specifically used to punish Bonds for his crimes when the jury couldn&#8217;t come to an agreement on guilty beyond reasonable doubt for the other charges. &#8220;We know you&#8217;re guilty, there isn&#8217;t overwhelming evidence, so here&#8217;s what you get.&#8221; And while it may not actually hold water as noted above, it&#8217;s probably fair to say he did indeed attempt to mislead which I consider obstruction. We all know he was trying to save his, as well as others a$$es, he had to mislead to do so I think.</p>
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		<title>By: Charles Gates</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137194</link>
		<dc:creator><![CDATA[Charles Gates]]></dc:creator>
		<pubDate>Thu, 12 May 2011 16:38:06 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137194</guid>
		<description><![CDATA[The tyranny of good intentions.]]></description>
		<content:encoded><![CDATA[<p>The tyranny of good intentions.</p>
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	<item>
		<title>By: clydeserra</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137190</link>
		<dc:creator><![CDATA[clydeserra]]></dc:creator>
		<pubDate>Thu, 12 May 2011 16:34:20 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137190</guid>
		<description><![CDATA[Thanks for the link. It seems to me that the ASUA had a trail for Mr. Bonds in mind when he was being questioned. The question that stands out to me is the &quot;what is your greatest achievement?&quot; There is no reason to ask that unless you want to use it in your closing. Its not relevant to anything and without a defense attorney in the room no one would object.

I like this take, I just wonder how an appeals court can deal with it.]]></description>
		<content:encoded><![CDATA[<p>Thanks for the link. It seems to me that the ASUA had a trail for Mr. Bonds in mind when he was being questioned. The question that stands out to me is the &#8220;what is your greatest achievement?&#8221; There is no reason to ask that unless you want to use it in your closing. Its not relevant to anything and without a defense attorney in the room no one would object.</p>
<p>I like this take, I just wonder how an appeals court can deal with it.</p>
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		<title>By: getmetsmerized</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137182</link>
		<dc:creator><![CDATA[getmetsmerized]]></dc:creator>
		<pubDate>Thu, 12 May 2011 16:18:06 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137182</guid>
		<description><![CDATA[I&#039;m currently a rising 3L, and my first year Crim professor told us that it didn&#039;t matter what the law said; all that mattered was how we felt about it. One time during class while we were reading a case, he yelled out, &quot;You f**k me like my father!&quot; thanks to his misreading of the facts of the case that made him think there was some sort of incest involved. 

Our final exam included a question asking us to read an excerpt from David Simon&#039;s &quot;The Corner,&quot; and write about how the interrogation techniques of the police made us feel. I got one of the better grades in the class because I used the word &quot;sh*t&quot; during an in-class discussion and peppered my final exam with a smattering of f-bombs. He said he could really feel my passion.

Then he got fired immediately after that semester, and no one has any idea why.]]></description>
		<content:encoded><![CDATA[<p>I&#8217;m currently a rising 3L, and my first year Crim professor told us that it didn&#8217;t matter what the law said; all that mattered was how we felt about it. One time during class while we were reading a case, he yelled out, &#8220;You f**k me like my father!&#8221; thanks to his misreading of the facts of the case that made him think there was some sort of incest involved. </p>
<p>Our final exam included a question asking us to read an excerpt from David Simon&#8217;s &#8220;The Corner,&#8221; and write about how the interrogation techniques of the police made us feel. I got one of the better grades in the class because I used the word &#8220;sh*t&#8221; during an in-class discussion and peppered my final exam with a smattering of f-bombs. He said he could really feel my passion.</p>
<p>Then he got fired immediately after that semester, and no one has any idea why.</p>
]]></content:encoded>
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		<title>By: tuftsb</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137181</link>
		<dc:creator><![CDATA[tuftsb]]></dc:creator>
		<pubDate>Thu, 12 May 2011 16:17:31 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137181</guid>
		<description><![CDATA[Thanks, Craig.

Are there grounds for appeal regarding Jusge Illston&#039;s instructions as it relates to the obstruction of justice interpretation?]]></description>
		<content:encoded><![CDATA[<p>Thanks, Craig.</p>
<p>Are there grounds for appeal regarding Jusge Illston&#8217;s instructions as it relates to the obstruction of justice interpretation?</p>
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	<item>
		<title>By: halladaysbiceps</title>
		<link>http://hardballtalk.nbcsports.com/2011/05/12/law-geek-corner-considering-barry-bonds-obstruction-conviction/comment-page-1/#comment-137180</link>
		<dc:creator><![CDATA[halladaysbiceps]]></dc:creator>
		<pubDate>Thu, 12 May 2011 16:16:50 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=56884#comment-137180</guid>
		<description><![CDATA[Based on the court review, I think it&#039;s pretty obvious he will walk at the end and the prosecution will not pursue the case further.

Craig, as a side note, I heard your interview with the morning guys on WIP. Some good stuff. Roy Owsalt&#039;s bulldozer love and Blanton&#039;s &quot;Cranky&quot; arm. 

Also giving the Phillies some props. I commend you.]]></description>
		<content:encoded><![CDATA[<p>Based on the court review, I think it&#8217;s pretty obvious he will walk at the end and the prosecution will not pursue the case further.</p>
<p>Craig, as a side note, I heard your interview with the morning guys on WIP. Some good stuff. Roy Owsalt&#8217;s bulldozer love and Blanton&#8217;s &#8220;Cranky&#8221; arm. </p>
<p>Also giving the Phillies some props. I commend you.</p>
]]></content:encoded>
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