To: The Rabbit who wrote (1146 ) 1/14/1999 3:11:00 PM From: Barney Read Replies (1) | Respond to of 2733
PERJURY "JUST ABOUT FOOTBALL" IS NOT AN INDICTABLE OFFENSE by George Kiser "The Granite Bay View" January 1999 The Clinton Administration has indicted some ex-Northwestern football players for lying to a grand jury about betting against their own team, then playing poorly to win the bets. To bolster his case, one of the prosecutors emphasized that lying to a grand jury undermines the judicial system: [Perjury] can bring an investigation to a halt or in this case prolong the investigation for an extensive time." So what? When all is said and done, the alleged offense is "just about football," so whether the players lied under oath is irrelevant. Asking such questions was clearly a "perjury trap" because bad ball playing is not a crime, many Americans gamble, and all lie. If a prosecutor knows a suspect is likely to lie, there is simply no legitimate reason to call that person before a grand jury. If these young men really did lie under oath, their perjury is understandable, for telling the truth surely would have embarrassed them, their friends, and their families; their teammates and the university they loved, and football fans around the country. Even if these men are technically guilty, two of our nation's most cherished principles suggest they should be honored, not indicted. First, haven't we all been taught that loyalty to friends and associates is admirable? And, second, don't we rightly chastise those who seek to win at all costs? This nation has sunk to a new low when loyalty becomes indictable and law enforcement turns its big guns on players who unselfishly help opposition teams. Another serious problem is that these prosecutors obviously have a get-the-players mentality. If they had no bias against their targets, why did they even investigate them? Why did they indict them when all Americans are presumed innocent? And how can Clinton prosecutors possibly be unbiased against their targets when on of the avowed goals of the Justice Department is to indict and prosecute criminals? Let me make clear that I don't approve of football players betting on their own teams or deliberately fumbling or misleading grand juries. In fact, these are despicable acts, but what I am saying is that such wrong doing simply doesn't rise to the level of an indictable offense. Stern punishment is in order, but it should take one of the following forms. First, we could let the American people decide, for in a democracy all legitimate power is grounded in the people. Thus, if the polls show that the American people would rather get this matter behind them, President Clinton should order the Justice Department to drop the charges. A second punishment is premised on the fact that even prosecutors recognize that gambling point-shavers will naturally attempt to shield their wrong doing from public view. In light of this privacy interest, we could just let the defendants' families and their alma mater decide. If they're willing to forgive them, why shouldn't we? Third, if the defendants are found guilty, we ought to realize that the penalty authorized by law for such an inconsequential matter is absurd: up to five years in the penitentiary for each count of perjury before a federal grand jury. Inasmuch as these young men have already suffered terribly, we could settle for a public apology, a brief period of counseling, or partial repayment for the cost of the government's investigation. If the latter punishment is chosen, perhaps the fine could be paid by Northwestern, the teammates of the accused, or football enthusiasts around the country. My final proposal: a pardon from President Clinton. As a recent prosecutorial target, surely he can "feel the pain" of these young men now victimized by his own Justice Department.