THE PETE ROSE DECISION : Legal Opinion : THE GIAMATTI TEXT

Baseball Commissioner Bart Giamatti’s statement Thursday on Pete Rose being banned from baseball for life:

“The banishment for life of Pete Rose from baseball is the sad end of a sorry episode. One of the game’s greatest players has engaged in a variety of acts which have stained the game, and he must now live with the consequences of those acts. By choosing not to come to a hearing before me, and by choosing not to proffer any testimony or evidence contrary to the evidence and information contained in the report of the special counsel to the commissioner, Mr. Rose has accepted baseball’s ultimate sanction, lifetime ineligibility.

“This sorry episode began last February when baseball received firm allegations that Mr. Rose bet on baseball games and on the Reds’ games. Such grave charges could not and must never be ignored. Accordingly, I engaged and Mr. (Peter) Ueberroth--then commissioner--appointed John Dowd as special counsel to investigate these and any other allegations that might arise and to pursue the truth wherever it took him. I believe then and believe now that such a process, whereby an experienced professional inquires on behalf of the commissioner as the commissioner’s agent, is fair and appropriate. To pretend that serious charges of any kind can be responsibly examined by a commissioner alone fails to recognize the necessity to bring professionalism and fairness to any examination and the complexity a private entity encounters when, without judicial or legal powers, it pursues allegations in the complex, real world.

“Baseball had never before undertaken such a process because there had not been such grave allegations since the time of (Commissioner Kenesaw Mountain) Landis. If one is responsible for protecting the integrity of the game of baseball--that is, the game’s authenticity, coherence and honesty--then the process one uses to protect the integrity of baseball must itself embody that integrity. I sought by means of a special counsel of proven professionalism and integrity, who was obliged to keep the subject of the investigation and his representatives informed about key information, to create a mechanism whereby the integrity we sought to protect was itself never violated. Similarly, in writing to Mr. Rose on May 11, I designed, as is my responsibility, a set of procedures for a hearing that would have afforded him every opportunity to present statements or testimony of witnesses or any other evidence he saw fit to answer the information and evidence presented in the report of the special counsel and its accompanying materials.

“That Mr. Rose and his counsel chose to pursue a course in the courts rather than appear at hearings scheduled for May 25 and June 26, and then chose to come forward with a stated desire to settle the matter, is now well known to all. My purpose in recounting the process and the procedures animating that process is to make two points that the American public deserves to know:

“First, that the integrity of the game cannot be defended except by a process that itself embodies integrity and fairness.

“Second, should any other occasion arise where charges are made or acts are said to be committed that are contrary to the interests of the game or that undermine the integrity of baseball, I fully intend to use such a process and procedure to get to the truth and, if need be, to root out offending behavior. I intend to use, in short, every lawful and ethical means to defend and protect the game.

“I say this so that there may be no doubt about where I stand or why I stand there. I believe baseball is a beautiful and exciting game, loved by millions--I among them--and I believe baseball is an important, enduring American institution. It must assert and aspire to the highest principles--of integrity, of professionalism, of performance, of fair play within its rules. It will come as no surprise that like any institution composed of human beings, this institution will not always fulfill its highest aspirations. I know of no earthly institution that does. But this one, because it is so much a part of our history as a people and because it has such a purchase on our national soul, has an obligation to the people for whom it is played--fans and the well-wishers in the millions--to strive for excellence in all things and to promote the highest ideals.

“I will be told that I am an idealist. I hope so. I will continue to locate ideals I hold for myself and for my country in the national game as well as in other of our national institutions. And while there will be debate and dissent about this or that or another occurrence on or off the field, and while the game’s nobler parts will always be enmeshed in the human frailties of those who, whatever their role, have stewardship of this game, let there be no doubt or dissent about our goals for baseball or our dedication to it. Nor about our vigilance and vigor--and indeed our patience--in protecting the game from blemish or stain or disgrace.

“The matter of Mr. Rose is now closed. It will be debated and discussed. Let no one think that it did not hurt baseball. That hurt will pass, however, as the great glory of the game asserts itself and a resilient institution goes forward. Let it also be clear that no individual is superior to the game.”