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Mike Lupica continues to show his legal expertise

Oct 18, 2013, 11:43 AM EST

Lupica

Today Mike Lupica writes about the A-Rod appeal. As my post from this morning suggests, I’m actually with him regarding how much of a clown show the protests outside of the arbitration have become. But of course Lupica can’t make one decent point and get off it. He has to use it as a new excuse to go after Rodriguez because that’s just what he does.

Except he does it in the dumbest ways possible.  Today he makes two arguments in furtherance of his “A-Rod is an awful monster” campaign. First, if A-Rod is so wronged, why has he not got on a witness stand and proclaimed his innocence?

Through it all, you keep waiting for Alex Rodriguez to be the one to tell you that the case against him is unjust and unfair, that he is an innocent man. Only he never says that, not even to the media, as if he’s under oath. He never says that, his handlers never say it, at least on the record. He just says he will tell his story at the appropriate time.

And you wonder what could possibly be a more appropriate time than at his own arbitration hearing!

You wonder why Alex Rodriguez doesn’t testify on his own behalf the absolute first chance he gets, proclaim his innocence so loudly that they can hear him downstairs on the street between the police barricades.

Any smart observer of this knows the answer to that: A-Rod’s defense is not one of innocence. It’s one of proportionality of punishment. That his suspension is too long compared to other similarly-situated offenders. And more than merely misrepresenting the defense in an effort to make A-Rod seem more disingenuous than he is, he misrepresents how the the arbitration works.  It does not require the player’s testimony. And no one with half a brain would go tell the media — which is what Lupica clearly wants — all about his case while it’s still pending either.

The second argument: if A-Rod has nothing to hide, why is his grand jury testimony from the Anthony Galea case still private, hmm?

You wonder about something else in this case, wonder if Rodriguez is so falsely accused, and such a victim of an MLB investigation his lawyers are flop-sweat desperate to put on trial, why did those same lawyers fight so hard in Buffalo to keep Rodriguez’s grand jury testimony in the federal case against Dr. Anthony Galea, Alex Rodriguez’s old doctor, the patron saint of human grown hormone, sealed from now until the end of time?

If there isn’t anything in Rodriguez’s grand jury testimony about his use of banned substances, if there isn’t anything in there that can hurt the guy, why are his lawyers so scared about it?

Let’s set aside the fact that A-Rod’s current legal team is not comprised of “those same lawyers” who represented him when he gave grand jury testimony in Buffalo. A-Rod hired Joe Tacopina and a different legal team since then, so here Lupica is smearing the wrong folks.

Instead, let’s focus on the fact that no lawyers are “fighting so hard” to keep A-Rod’s grand jury testimony sealed.  Grand jury testimony is sealed as a matter of course pursuant to federal law. The witness can say what he said in front of a grand jury but no one else privy to it can release it. If they do, they can go to jail. Some folks may be fighting so hard to unseal it, but it’s supposed to remain sealed. That’s how the law works.

But of course if you’re Lupica there’s no sense in understanding how grand juries work. To do so would prevent a great opportunity for grandstanding.

  1. Old Gator - Oct 18, 2013 at 11:54 AM

    You can’t make A-roid’s disingenuousness (or maybe “disingenuity” works better as a polysemous term, you know, like Derrida’s differance) any more exorbitant than it already is. It’s a constant, like the speed of light prior to warp drive.

    • DelawarePhilliesFan - Oct 18, 2013 at 12:12 PM

      Cut with the fancy talk – there are HBT readers present

      • Old Gator - Oct 18, 2013 at 12:19 PM

        Those are the ones I’m addressing, even if, amongst them, rattles my jarful of mental lithopedions and/or thumb harpies.

      • Francisco (FC) - Oct 18, 2013 at 1:53 PM

        I love reading OG. I learn a new word every second.

  2. DelawarePhilliesFan - Oct 18, 2013 at 12:15 PM

    Mike Lupica is living proof that all you need to make it as a writer is to be correct twice every decade, and have a very loud mouth.

    • 18thstreet - Oct 18, 2013 at 12:38 PM

      He is also proof that newspapers do not fact-check their columnists’ work. That item about grand jury testimony’s secrecy is something that any competent editor would have caught and corrected.

      • skids003 - Oct 18, 2013 at 12:42 PM

        He’s never been wrong, why would they fact check him?

    • Glenn - Oct 18, 2013 at 5:28 PM

      Name the twice.

  3. lightcleric - Oct 18, 2013 at 12:26 PM

    See folks, THIS is when you should say “stick to baseball”. Not when baseball tries to promote anti-bullying, but when blowhard commentators like Lupica pretend they lnow about anything but sports(and often not even that).

    • skids003 - Oct 18, 2013 at 12:41 PM

      Hey, be easy on Lupica, he hasn’t been the same since Kingman stuffed him in his locker!!

      On second thought, he’s a class a one know it all jerk.

  4. eagles512 - Oct 18, 2013 at 12:28 PM

    Lupica is a complete joke

  5. chip56 - Oct 18, 2013 at 12:31 PM

    I’m just curious why it has taken Tacopina so long to read that letter that Matt Lauer gave him on the Today Show. You know, the one MLB wrote when Tacopina said that he wished MLB would drop the confidentiality clause of the CBA so that they could air Alex’s side in public? The one where MLB said, “sure, sign this and we agree to drop that clause and we can all put our cards on the table.”

    I mean, that was in August I think…how much faith can you have in a lawyer who can’t read and sign a simple letter in 3 months?

    • sabathiawouldbegoodattheeighthtoo - Oct 18, 2013 at 1:50 PM

      Oh, you mean the letter that probably violated the CBA in and of itself? The one that purports to alter an agreement that ARod himself was not a party to, and thus has no authority to alter? The letter that is being used as evidence against MLB in ARod’s lawsuit against them, as it was an obvious stunt to try to cause him public embarrassment?

      Frankly, your comment above is a bit Lupicaian.

      • chip56 - Oct 18, 2013 at 2:43 PM

        If a player wants to waive the confidentiality clause of the JDA as it relates to his individual case (as Tacopina claimed Alex did) then he has every right to do so. The letter simply stated that MLB was willing to comply with Tacopina’s request so long as it was understood that waiving the clause gave MLB the right to put the evidence they had against Alex into public view as well.

        That doesn’t violate anything.

  6. jjpileggi - Oct 18, 2013 at 12:32 PM

    You are being kind. Mike Lupica is a blow hard some important know-nothing.

  7. chip56 - Oct 18, 2013 at 12:36 PM

    Lupica is a joke, but he does have one point. Tacopina said from the moment he was hired that the allegations were false and that Alex couldn’t wait to tell his side of the story. One would think that “telling your side of the story” means testifying on your behalf. Of course it could mean writing a book about this when you’re retired, but it’s certainly a reasonable interpretation.

    • sabathiawouldbegoodattheeighthtoo - Oct 18, 2013 at 1:54 PM

      You know that the arbitration hearing is still ongoing, right? So, we don’t even know if ARod is going to testify yet. As it is MLB accusing him of something, I would imagine that they have to present their evidence first. Then ARod’s team can decide how to argue against it. Then there is the matter of his civil suit. Really, there are a multitude of reasons why ARod would not have testified yet, or why he may not testify at all. “Satisfying Lupica” is not as high on his priority list as many other goals, such as “keep playing baseball” or “get the $100MM left on my contract.”

      Are you Lupica? I am beginning to wonder…

      • chip56 - Oct 18, 2013 at 2:44 PM

        Except again – as Craig pointed out – Alex’s defense isn’t “I’m innocent” it’s that “whoa, you’re punishing me too harshly”

      • sabathiawouldbegoodattheeighthtoo - Oct 18, 2013 at 3:08 PM

        And the proceedings are still going on, or yet to go on. Of course he is not going to discuss everything until the appropriate time. Despite what Lupica may think, ARod has more important golas in all of the than satisfying Lupica’s sense of fairness.

      • chip56 - Oct 18, 2013 at 3:24 PM

        I’m not arguing that Lupica is right – I’m just saying that Alex and his lawyers have said time and again that oh if only they were able to talk, all the world would see the light and be on their side.

        Yet instead they are doing everything to keep Alex’s words (either current ones or ones offered in the past such as Grand Jury testimony) from being heard.

        Craig was partially correct when he said that Grand Jury testimony is secret, but that is for the protection of the accused, not the witnesses. Unless making Alex’s testimony public hurts Anthony Galea, then I don’t think he has a legal leg to stand on.

        Of course, that’s not for MLB to decide.

  8. Liam - Oct 18, 2013 at 12:40 PM

    My only complain with George Costanza’s character is that he liked Mike Lupica.

  9. chiadam - Oct 18, 2013 at 1:28 PM

    Oh, the irony of Calcaterra complaining about a guy not making one decent point and getting off it. Calcaterra is to steroids columns what Marge Simpson is to pink Chanel suits.

  10. shawndc04 - Oct 18, 2013 at 1:42 PM

    Well, wait a minute Craig. MLB has petitioned the United States District Judge in Buffalo to order the release of the transcripts. No one is subject to violating the law; the judge’s order will control. Galea pleaded guilty in 2011. It is not completely clear what MLB is seeking but apparently they want to determine whether A-Rod lied to them about Galea, and whether the anti drug programs were working. ARod’s attorneys are indeed fighting the motion; Lupica, whatever people think of him, is correct on that point. Draw whatever inferences you want from the opposition by Alex. Usually people are told that their grand jury testimony will remain secret if they do not testify at trial.

  11. joestemme - Oct 18, 2013 at 2:22 PM

    FUC# A-Roid and Lupica’s legal expertise.

  12. zekluna - Oct 18, 2013 at 2:49 PM

    I can’t tell: do you dislike Lupica or like A-Rod or on the payroll for Tacopina?

    • sabathiawouldbegoodattheeighthtoo - Oct 18, 2013 at 3:09 PM

      Dislike sloppy journalism?

  13. gostlcards5 - Oct 18, 2013 at 3:13 PM

    OK…Time for some fun. We have this statement after all the Cardinal-bashing from Craig the last 3 weeks or so. To me, the statement sounds very familiar….:

    “But of course Lupica can’t make one decent point and get off it. He has to use it as a new excuse to go after Rodriguez because that’s just what he does.

    Except he does it in the dumbest ways possible. Today he makes two arguments in furtherance of his “A-Rod is an awful monster” campaign. ”

    — Now for a slight adjustment or two… —

    “But of course Calcaterra can’t make one decent point and get off it. He has to use it as a new excuse to go after St. Louis because that’s just what he does.

    Except he does it in the dumbest ways possible. Today he makes umpteen arguments in furtherance of his “the Cardinals are the Evil Empire of the NL” campaign. ”

    — Hmm..good stuff. Looks like I could be a blogger, too!

  14. coloradogolfcoupons - Oct 18, 2013 at 4:10 PM

    “other similarly-situated offenders.”

    Like WHAT other ‘similarly-situated offenders’???

    Name another lying sob on roids who looked us in the eye on National TV and told us to judge him going forward, who joined the anti-steroid Hooten foundation and spoke to legions of HS kids and then kept doing roids, who tried to hire Bosch’s lawyer, and documents, who is the world’s biggest liar and narcissist, a complete phony from HS on because of roids….you mean there are MORE OF THESE SIMILARLY-SITUATED GUYS???

    • pauleee - Oct 18, 2013 at 5:53 PM

      Why are you so mad? Did your coupons expire?

      • coloradogolfcoupons - Oct 18, 2013 at 9:11 PM

        The ocean called, they’re running out of ‘e’

  15. stevem7 - Oct 18, 2013 at 9:09 PM

    You can bank on the fact that Mike “I’m the dumbest reporter on the planet” Lupica won’t have anything to say about the revelation that MLB paid $125,000.00 to BUY phony evidence. He is the biggest loser in NYC and why any newspaper pays him money is beyond most folks ability to comprehend.

    • coloradogolfcoupons - Oct 18, 2013 at 9:17 PM

      Please define ‘phoney evidence’

      Is it evidence about the ‘Phoney’ Aroid?

      Or do you have evidence you can prove is false? If so, let’s see it, by all means.

      The evidence against Aroid has been seen on National TV right from his lips, among other places. Add in the fact he has YET to deny any of this Biogenesis evidence is false…he just says he will tell his side when it is ‘appropriate’

      He should be expelled from MLB and his contract voided, just as a lesson for others who are trying to game the system. You KNOW he’s guilty if you will just admit it to yourself you’ll feel better

      • stevem7 - Oct 18, 2013 at 9:29 PM

        Gee that Colorado golf air has allowed your brain cells to leave bogeys all over the page.

        But you did make an excellent case of being an AROD hater.

        Any evidence that is purchased is always phony. Come down to sea level and let your brain cells re-grow cause you’re currently running on EMPTY.

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