With the exception of dropping a few links, I have remained quiet on the revelations and controversies surrounding baseball and the, now infamous, Mitchell Report. There are reasons for this. I am not a “true” baseball fan in the traditional sense — I don’t follow stats, rarely keep track of the rosters of the various teams, and I quickly grow weary of watching baseball on television. I have always been a much bigger fan of college and minor league baseball. While I do, generally, pull for the Braves, Indians, and Red Sox, I am hardly a follower of the game. Thus, I am less than informed as to the comings and goings in Major League Baseball. In addition to this, there is the Report itself — it is over 400 pages long, and I’ll be damned if I’m going to take the time to read the whole thing (although I did listen to part of it being read on XM Radio — sounded like stereo instructions).

Be that as it may, with all of the furor surrounding the Mitchell Report’s expose on the use of performance-enhancing drugs, things are getting a little ridiculous.

In particular, everyone in the national media keeps talking at length about Roger Clemens needing to clear his name. There are talking heads from every corner of the world (including President Bush, for God’s sake) pontificating on whether Clemens should speak out publicly, whether he should lose his Cy Young awards, whether he should be banned from baseball, blah, blah, blah. The uniform message — from both Clemens’ supporters and detractors — is that Clemens needs to clear his name. Some have even articulated the need for Clemens to “prove his innocence.” Apparently, this thought has occurred Clemens considering his attorneys have been earning their pay trying to publicly respond to the Mitchell Report, and — according to ESPN Radio — Clemens has hired a private investigator to uncover evidence to exonerate Clemens.

Roger Clemens may have taken performance-enhancing drugs, those drugs may have had an impact on his performance on the field over the last decade, he may have taken shots in the ass during games, he may have cheated, he may have an extreme hatred for old people, he may drop acid in the dugout between innings, he may have a harem of 150 Asian sex slaves which he keeps locked in a hidden 10’ x 10’ room in his basement, and he may have been the second shooter on the grassy knoll in Dallas. All of this may be true. It also may be complete speculation and bullshit.

As an attorney, I know one thing about accusations — they are meaningless. What you think may be true — hell, even what you think you can prove — is of no consequence. The only thing that matters is what can be proven. Last I checked, the Mitchell Report has not proven any of the accusations against Clemens — nor does it purport to do so. What so many people seem to ignore is that George Mitchell did not issue the “Mitchell Edict,” the “Mitchell Inquisition,” the “Mitchell Judgment,” or the “Mitchell Done Caught Yo’ Ass and Now You Goin’ to da’ Woodshed, Bee-otch!” All George Mitchell ever intended to do was report on the information he and his team of investigators could collect regarding the use of performance-enhancing drugs in baseball. Nonetheless, everyone seems to be acting as if the Mitchell Report was intended to be — and in fact is — the judge, jury, and executioner.

Here is what I say to Roger Clemens: You may be pure as the driven snow, you may be a lying, cheating, needle-toting ’roid head. Frankly, I could care less either way. Regardless of what you are or are not, you don’t have to prove anything. Until you are put in front of a real court, a real fact-finder; until real evidence is taken, and third-hand rumor and hearsay excluded; until you are proven to have engaged in improper conduct, you don’t have to prove a damn thing!

I understand the natural reaction some people have when an accusation goes unrefuted — if you aren’t proving its wrong, then it must be true. The fact remains that until the accusation is proven to be true, the accused doesn’t have any obligation to say a single word. Now I understand the Court of Public Opinion does not always work that way. But everyone has an opinion on everything — if it were otherwise, then I wouldn’t be writing this blog. In the end, however, the Court of Public Opinion is not a jury, is not a judge, is irrational, is impulsive, is a royal pain in the ass, is impossible to please, and is illegal to kill. It reminds me of my buddy’s ex-wife (… but I digress). Just like my friend’s ex-wife, the best thing you can do with the Court of Public Opinion is simply ignore it.

Make no mistake, I’m not taking Clemens’ side, but I’m not attacking him either. By the same token, I’m neither criticizing, nor endorsing the Mitchell Report. (How could I? I haven’t even read it all) All I am saying is that until something is proven Roger Clemens has no obligation to do anything. For that reason, until the day comes that something of consequence is proven, if I were Clemens, I’d just step up on the mound, bring that glove up tight, stare down to home plate, rare-back …

… and give them all the finger.

- Go Figure …

About the Author:  "Lawvol" -- I'm just a guy living in North Carolina who has an unnatural fascination with the color orange. Just because I'm a Tennessee alum and die-hard Volunteer fan doesn't mean that I can't poke a little fun at the Big Orange and anybody else for that matter. Feel free to complain all you want. >> Read more from this author

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