TAMPA – In what many people connected to Major League Baseball believe is nothing more than a cheap publicity stunt to stroke politicians egos, Jason Giambi was one of seven former and current players issued subpoenas yesterday by a congressional committee.
“I don’t know much about it, I really don’t,” Giambi said yesterday morning before he was officially served with the papers.
Giambi’s agent, Arn Tellem, responded to questions about the hearings late last night in an e-mail.
“We are in the process of reviewing the matter and evaluating the situation,” Tellem’s statement read.
“Jason has addressed this issue publicly time and time again. Now that spring training has begun, Jason’s focus is where it should be – on baseball.”
A source close to Tellem said Giambi had not received the subpoena as of yesterday.
Giambi could join former sluggers Jose Canseco and Mark McGwire as well as current stars Curt Schilling, Sammy Sosa, Rafael Palmeiro and Frank Thomas in front of the House Government Reform Committee March 17. Union head Donald Fehr, MLB honchos Rob Manfred and Sandy Alderson and Padres GM Kevin Towers will also appear. Canseco, Fehr and Manfred, who will represent Bud Selig, had agreed to appear.
The subpoenas are being challenged by MLB although the Yankees said if Giambi has to miss a game March 17 so be it.
“My thought is the same as last week when this came out and that we support the process and that hasn’t changed. It still applies,” GM Brian Cashman said. George Steinbrenner echoed Cashman’s feelings.
“If he is (subpoenaed) he will have to go,” The Boss said yesterday. “I’ve got nothing against that.”
Joe Torre has been impressed with the way Giambi has handled the pressure and likes his approach at the plate.
“He’s been doing this thing the best he could, handling it and everything that has come down the pike,” Torre said. “But I guess we’ll wait and see if it actually happens and then we’ll figure out what comments to make.”
When Giambi reported to camp he knew the storm caused by his BALCO grand jury testimony wasn’t going to disappear. Giambi apologized for being a distraction and has been received well by crowds. And he has looked good at the plate while re-connecting to the fans with marathon autograph signing sessions.
Now, the subpoena adds to the list of distractions.
“No, I am just here to play baseball,” he said Giambi. “I will let (Tellem) take care of that.”
Giambi couldn’t recall the actual subpoena process when he was served with the papers in the BALCO case but believed they went directly to Tellem. As for what Giambi will say when he appears, that’s a guess. According to law experts he could plead the Fifth.
A lot of what he can do hinges on what type of immunity deal he has with the investigation in California according to a lawyer. Giambi was granted partial immunity in return for his BALCO testimony.
Another issue is publicly Giambi hasn’t admitted to using steroids. Last month Tellem said there were legal issues outside of the BALCO grand jury testimony that kept Giambi from being more forthcoming. Giambi’s camp is also wary of the Yankees going after the $82 million remaining on Giambi’s contract if he admits using steroids.
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A long way to go
Stanley Brand, an attorney for the commissioner’s office, said yesterday MLB would fight the subpoenas issued to players.
Brand wrote a letter to the committee Tuesday outlining baseball’s objections. If the subpoenas are to be carried out the following must take place:
1. The 39-member House Committee on Government Reform could vote to contempt the subpoenaed.
2. The full House of Representatives would vote to approve the contempt citations.
3. A U.S. Attorney would certify them.
4. If baseball wanted to continue its fight, it could take its case to U.S. District Court.
– Brian Costello
