Mike Lupica -- Unhinged

Mike Lupica writes about sports. In the grand scheme of things, it's an unimportant, although lucrative, endeavor. Today, he gets a bit overwhelmed when he tackles the law and politics. It's not pretty. He suggests that the federal investigation into a leak of grand jury testimony is a reflection of how the President is running the country.

The column discusses the fate of two reporters, Mark Fainaru-Wada and Lance Williams, who wrote a book chronicling the alleged use of steroids in baseball. In addition to informing the masses, they intended to make money from this endeavor. Part of their reporting was based on information leaked from a grand jury -- stuff that's supposes to be, well, secret.

Today, Mr. Lupica notes:
"No, it is just Bush's America, where the people in charge think that if they tell a lie often enough it eventually becomes the truth. And in Bush's America, there is no longer any balancing test of any kind, no determination that if some information is leaked, even out of a grand jury, it might be more valuable than punishing the person who leaked it. It is a disgrace."

Mr. Lupica's rant is not encumbered by facts.

According to the presiding judge in the case, here is the rationale compelling their testimony:
"The court finds itself bound by the law to subordinate [the reporters'] interests to the interests of the grand jury'' in discovering the source of the leaks. The grand jury is inquiring into matters that involve a legitimate need of law enforcement.

Regardless of who is running the country, there is no "balancing test" when it comes to enforcing the law. Messrs Fainaru-Wada and Williams, knew or should have known, that they would profit by inducing others to break the law. Further, they were depriving the subjects of the grand jury Constitutionally-mandated protections of due process. (Regardless of what one thinks of Barry Bonds and his alleged use of steroids -- he is still deserving of his rights.)

In fairness to Mr. Lupica, he's reflexively circling the wagons -- writers of all ilk think that providing confidentiality is a trump card.

What's particularly loathsome about Mr. Lupica's column is the cheap shots aimed at the President to wit:
1. Better at being at war with the press than the insurgents in Iraq. I don't recall seeing Mr. Lupica during my year in Baghdad and who is firing the 155mm howitzers at the newspapers?
2. Half-truths got us into the war with Iraq. OK, who said that Iraq didn't have WMD? Last time I counted 700 chemical weapons have been discovered in Iraq since 2003.
3. The same Republican yahoos ... (let)the feds trample California's shield law for reporters. It's a federal case -- we're not talking locker room gossip.
4. The remark that if you tell a lie long enough people will believe it. What lie, if any, are we talking about -- help a reader out.

Mr. Lupica -- leave the law and politics to those who know what they're talking about. Stick to sports -- you won't look as foolish.