Actual malice, meet demonstrable truth

…not long after Joe Biden had been officially declared the winner of [the 2020 presidential] election, a bunch of disreputable right-wing sore losers—that’s the technical term—began to claim that the Dominion machines had somehow been tampered with, and that votes that had been duly cast for Donald Trump via Dominion machines had been secretly switched over to Biden’s column.

The fact that this thesis was very stupid did not stop it from gaining credence among many Trump voters. These people weren’t just angry that their candidate had lost the election; they were angry that Fox News wasn’t reporting that Trump had actually won the election. In retaliation, many of these Trump fans began to unofficially boycott Fox News, instead tuning in to other right-wing news networks, such as Newsmax, which were much more willing to indulge their conspiratorial fantasies.

Check out more of this nice, fun summary of Dominion Voting systems libel suit against Fox News here.  The libel suit is scheduled to go before a jury in a Delaware court tomorrow, assuming the two sides don’t reach a settlement between now and then.

As a recovering journalist myself, I’ll say it is my belief that it should be hard to get a libel verdict against a journalist, a newspaper or broadcast company.  The U.S. Constitution envisions a free press that facilitates a lively public debate of issues, and in the decision that set today’s judicial standard on libel law, New York Times v. Sullivan, Justice William Brennan wrote for a unanimous court that “debate on public issues should be uninhibited, robust, and wide‐open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.”  The threat of litigation is often used to by people who come out on the bad end of those debates to try to scare a paper or a station into not running tough stories (see: Trump, Donald J.; litigation; threats of).

But that doesn’t mean that those who publish on paper, who broadcast through the air, or who post online, should have a free hand to say anything they want at any time with impunity; those who have truly been libeled do have recourse.  But keep in mind, reputable publications can make a strong defense by proving the truth of what they published: if a published statement is true, it is not libelous or slanderous. (It was not ever thus: courts no longer automatically consider statements that damage the reputation as obviously libelous.)  If what was published is factually true, it is not libelous and you cannot win a lawsuit alleging libel.

In a case where the plaintiff is a public figure or a public official, Times v. Sullivan set a high bar for proving you were libeled by a publication: you must prove that the defendant published a story “with knowledge that it was false or with reckless disregard of whether it was false or not.”  (A term you’ll often hear that is used to describe that state is to say the publication acted with “actual malice.”)  While publication of an erroneous story is bad and hurts the reputation of the publication, it is not a case of libel against a public figure or institution (which Dominion is) if the publication believed the story was true and had done the required work to gather the facts to come to believe it was true.

In Dominion Voting Systems v. Fox, the voting machine company claims Fox defamed the company by “spreading false claims that the company rigged the 2020 presidential election to prevent former President Donald Trump’s reelection.”

As noted in a New York Times story last week,

While legal experts have said Dominion’s case is unusually strong, defamation suits are extremely difficult to win because the law essentially requires proof of the defendants’ state of mind. Dominion’s burden will be to convince a jury that people inside Fox acted with actual malice, meaning either that they knew the allegations they broadcast were false but did so anyway, or that they acted so recklessly they overlooked facts that would have proved them wrong.

During standard pre-trial discovery in this case, Dominion uncovered information from inside Fox that Fox News Channel and its on-air talent and some of its management leaders knew that the claims against Dominion were not true (“with knowledge that it was false”) but published the stories anyway—over and over again—to keep from offending their viewers who believed the claims from Trump and his lawyers and other sycophants of a rigged election (“with reckless disregard of whether it was false or not”).

As it often does, Fox defends itself by wearing the mantle of mainstream responsible journalism operating in the public interest; it argues it reported the claims made by Trump and others because they were newsworthy.

Fox has argued that while it understood many of the claims made by its guests about Dominion were false, they were still worth covering as inherently newsworthy. Fox’s lawyers have taken the position that there is nothing more newsworthy than claims by a former president of the United States that an election wasn’t credible.

But Judge [Eric] Davis disagreed.

“Just because someone is newsworthy doesn’t mean you can defame someone,” he said, referring to pro-Trump lawyers like Sidney Powell and Rudolph W. Giuliani, who appeared repeatedly on Fox News and Fox Business in the weeks after the 2020 election and linked Dominion to various conspiracy theories.

The judge admonished Fox’s lawyers, saying they cannot make the argument that the false statements about Dominion came from guests like Ms. Powell and not from Fox hosts. That argument is irrelevant, he said, because the fact remains that Fox is responsible as the broadcaster.

“It’s a publication issue, not a who-said-it issue,” he said.

There’s no guarantee to the outcome of a jury trial, of course…but if I may presume to summarize a closing argument for Dominion:

  • Fox lied about Dominion rigging its election machines to steal the 2020 presidential election from Crybaby He-Man
  • Dominion made every effort to inform Fox that what its guests and its hosts were saying on the air was incorrect
  • Fox knew that the accusations against Dominion that were being made on its programs were lies, but permitted them to continue
  • Dominion suffered monetary losses and losses to its reputation as a result of Fox’s broadcasts, and asks for money damages

Nice and neat, and not confusing.

Fox has been lying on the air to its audience for years, telling them (1) what they want to hear, regardless of whether it is true, and (2) what certain politicians have agreed to parrot, to build political consensus and power.  But this time, it lied about a company that was willing to call them out in a court of law, and the case has landed before a judge who has demonstrated his loyalty to demonstrable truth and facts.  For Fox, that is a whole new kind of audience.

And now, a public service announcement on behalf of America’s sanity

It is the midst of winter here in the Northern Hemisphere…right now forecasters are forecasting their asses off about a major ice storm aimed at a hunk of the South.  The days are still comparatively short, and with the cold weather that has accompanied a lot of rain in our part of the world (is the drought over yet?) I am not alone in looking for more indoor distractions until golf weather returns.

But, please God, not this: American journalism outlets and associated information-providing avenues, would ya stand down on the perpetualization of the campaign for president of the United States!  Stop with the assumption that there is nothing more important to talk about, nothing so critical for me to know about, than who is favored and disfavored by people responding to public opinion polls.  Even if those people are telling the pollsters the truth, who cares right now?!  So much can happen in the months and months before anyone casts a meaningful ballot that these results are pointless; they only serve to keep funds flowing to the political-industrial complex.

It is too early.  It is soooo tiresome.  Even the primaries and caucuses that happen more than six months before the general election aren’t helpful in learning about candidates.  The whole thing has become a proxy for the on-going national food fight on “cultural issues” (that really aren’t even about culture) and not about administering government operations or even on providing leadership on issues.

And, at this point a year away from the first voters voting in the next national election, what you are telling us has proved to be, so often, so very wrong.  In Politico, Jeff Greenfield reminds us that in most recent years the “favorites” at this point do not win the contest.  You remember Howard Dean trouncing John Kerry in 2004, right?  And 2008, when Rudy Giuliani blew away John McCain while Hillary Clinton obliterated that senator from Illinois with the big ears?

The point here is not to argue for a vow of journalistic silence in the long slog leading up to the actual contests; it’s to put that part of the process into context, along with a serious dose of humility. Yes, Trump looks weakened, but are we really ready to anoint Ron DeSantis the nominee before he proves himself on the big stage? Yes, Biden is an octogenarian whose approval rating has been underwater since August 2021, but is anyone in his party really about to challenge his hold on the White House?

If you need something civic to worry about, worry about the government debt ceiling and the on-going budget deficits; give some thought to how our country can help our allies stifle threats from Russia and China; consider the real causes for and possible humane solutions to the humanitarian crisis at our southern border and the budget crisis it’s created for federal and state governments.  You could engage in the speculation about which team will win the Super Bowl or who will be selected as the next head coach of your favorite NFL team.  You could even talk to your friends about who will win The Bachelor, but please promise to do that verrry quietly so the rest of us can’t hear you.  But please leave the next race for president alone for now.

And if you need something to keep you warm on these cold winter days and nights, curl up with The Columbia Journalism’s Review of how American journalism handled coverage of Donald Trump.  There’s something here to warm the hearts of media-haters everywhere.

The truth can hurt—tell it anyway

One of my first jobs after graduating from college was hosting a weeknight radio talk show in Austin, Texas.  This was the early 1980s and Austin was both politically and socially a very liberal town, yet over time I found a higher-than-expected percentage of conservatives among my audience on a radio station that played rock and roll the rest of the day.  I did interviews when an interesting guest was available—Madalyn Murray O’Hair came to the studio one night, had Timothy Leary on the phone once—but often it was an open line to talk about, and debate and argue, topics in the news.  I enjoyed the give and take with people who had a different opinion and were willing to make their case, and to listen to mine and respond on the merits.  I fancied myself left of center but not crazy; I had more than one caller who complimented me for being funny and so reasonable…for a liberal.

This was as a new American conservatism was eclipsing the old one: William F. Buckley, Jr.’s worldview was being subtly undermined and overwhelmed by the Moral Majority appeal to right-thinking Christian evangelicals who were urged to get involved and install their religious beliefs as secular law.  America was a Christian nation after all, they were told, so it was the right thing to do; any fancy intellectual arguments, or any point of view that sprung from a differing interpretation of the will of God, could be safely ignored.

And here we are.  Give the radical right credit: they played the political game on its own terms, they played it smart, and they won.  A lot.  We have the same American states, same U.S. Constitution and structure of government, and at least on the surface we have the same tradition of respect for the rule of law, for freedom of speech, for individual liberty and societal responsibility, as we did forty or more years ago.  But it’s not the same.

I try to be optimistic.  I believe that each new generation of Americans is more committed than the last one to the “liberal values” of racial and gender equity and equality, and the free exchange of ideas, and freedom of religion as well as freedom from religion, and that the fearful closedmindedness at the heart of the professional patriots of today will force their movement to wither and become the appendix of the American political system: present, but useless.

But in the meantime, I think the far right senses that its time is running out, and it’s desperately grabbing at any opportunity to maintain relevance and power, going all out to fortify their calcified beliefs in law and install like-minded judges to protect those gains.  Here in my state of Texas this week, a state legislator who is running in the Republican primary for attorney general has initiated “an inquiry into Texas school district content,” which is to say, he’s using his state house committee to investigate the books that public schools use to teach our kids.  (The vice chair of the committee says the panel never took a vote on this; she learned about it from a local school official.)

Attached to [Matt] Krause’s letter was a 16-page list of books published from 1969 to 2021 that included “Between the World and Me” by Ta-Nehisi Coates and “The New Jim Crow: Mass Incarceration in the Age of Colorblindness” by Michelle Alexander. Other books on the list deal with issues of race, gender identity and sexuality.

The Fort Worth Republican asked school leaders to identify where copies of the listed books were located in school libraries and classrooms and the amount of money districts had spent on them.

He also asked districts to identify any other books or content that address human sexuality, sexually transmitted diseases, or any material that “might make students feel discomfort, guilt, anguish, or any other form of psychological distress” because of their race or sex.

The far right is very good at creating a villain where none existed, then using that villain to whip up fervor among those who don’t know any better.  Think Joe McCarthy, but with a broader canvas.  In this case, appealing to the good Christian souls who don’t have a racist bone in their bodies to battle the evildoers who would indoctrinate the innocent little schoolchildren of Texas into thinking the unthinkable: that the racism of the present as well as of the past, including not just the toleration of human slavery but the promotion and protection of it in law and custom, has tangible effects that all we experience today.

Well, everyone’s entitled to their opinions…how they act on them is another thing.  In the Washington Post this week, Michael Gerson makes the point that only one side in the current ideological dispute in America is threatening the future of our country:

In a country of 330 million people, one can find plenty of anarchist rioters, Marxist college professors and administrators who use tolerance as a club to beat those they deem intolerant. But judging their threat as equivalent to that of the populist right is itself a threat to the country. At some point, a lack of moral proportion becomes a type of moral failure.

My main concern here is with previously rational and respectable conservatives who are providing ideological cover for the triumph of Trumpism on the right. Often some scruple prevents them from joining fully in former president Donald Trump’s gleeful assault on democratic legitimacy. So their main strategy is to assert that leftist depredations against democracy are equivalent. If both sides have their rioters and petty autocrats, why not favor the rioters and petty autocrats whose success will result in better judges?

But here’s the rub: By any rational standard, both sides are not equivalent in their public effect.

Only one party has based the main part of its appeal on a transparent lie. To be a loyal Republican in 2021 is to believe that a national conspiracy of big-city mayors, Republican state officials, companies that produce voting machines and perhaps China, or maybe Venezuela, stole the 2020 presidential election. The total absence of evidence indicates to conspiracy theorists (as usual) that the plot was particularly fiendish. Previous iterations of the GOP tried to unite on the basis of ideology and public purpose. The current GOP is united by a common willingness to believe whatever antidemocratic rot comes from the mouth of an ambitious, reckless liar.

Only one side of our divide employs violent intimidation as a political tool. Since leaving the presidency, Trump has endorsed the view that the events of Jan. 6 were an expression of rowdy patriotism and embraced the cruel slander that the Capitol Police were engaged in oppression. Turn to Fox News and hear hosts and guests referring to a coming “purge” of patriots, alleging that the left is “hunting” the right with the goal of putting conservatives in Guantánamo Bay, and speaking of “insurgency” as a justified response.

Only one political movement has made a point of denying the existence and legacy of racism, assuring White people that they are equally subject to prejudice, and defending the Confederacy and its monuments as “our heritage.” This is perhaps the ultimate in absurd bothsidesism. My side suffers from economic stagnation and the unfair application of affirmative action. Your side was shipped like coal and sold like cattle; suffered centuries of brutality, rape, family separation and stolen wages; and was then subjected to humiliating segregation and the systematic denial of lending, housing and justice. Who can say which is worse?

Gerson is not the first to make this point; it needs to be made more often, with volume and clarity.  This is not a “both sides of the story” thing where you intimate that the two sides just have a philosophical difference of opinion.  And here, journalism has let us down.

The practice of journalism in America has changed over the centuries, if not necessarily evolved and improved.  I come out of the post-Watergate era of journalism education, which taught us to get “both sides” of a story and not favor one over the other.  It was not that a reporter could not have a personal opinion on a topic, it was just irrelevant—the goal in writing a story was to uncover facts and context and assemble them into a narrative for the reader so he or she could better understand an issue and come to their own opinion about it.

Of course, the truth is there have always been more than two sides to most stories, and any reporter’s worldview influences how they go about the uncovering of facts and context.  Editors are there to help smooth that out so the final product is accurate, and fair, and enlightening.  But in the end, the journalism is done for the benefit of the customer: the reader, the listener, the viewer.  We sure as hell are not there to campaign for any politician, yet for generations politicians and their supporters have accused reporters and their employers of being unfair: if you write bad things about me, you’re against me; you’re biased.  It doesn’t matter whether the “bad things” are in fact true, or that the reporter or the paper routinely publish “bad things” about all candidates from all parties.  (From our perspective, those are all good stories!)

But over the years, some outlets—many of them—developed a preemptory defense against accusations of unfairness: report facts, but don’t add context that leads to a judgment about the participants; then they can’t accuse you of being unfair.

Of course, they still can and do make the accusation, so the strategy is flawed on its face.  But in a tragic example of the law of unintended consequences, that acrobatic effort to produce “neutral” journalism is failing the customer.  As Jackie Calmes writes in the Los Angeles Times, in the case of national politics today it is failing the country.

I started to chafe at false equivalence a quarter-century ago, as a congressional reporter amid Newt Gingrich’s Republican revolution. One party — his — was demonstrably more responsible for the nasty divisiveness, government gridlock and norm-busting, yet journalistic pressure to produce seemingly “balanced” stories — pressure both ingrained and imposed by editors — prevented reporters from sufficiently reflecting the new truth.

By 2012, as President Obama dealt with the willful obstructionists, conspiracists and racists of an increasingly radicalized Republican Party, political scientists and long-respected Washington watchers Thomas E. Mann and Norman J. Ornstein put the onus for the dysfunction squarely on the GOP in their provocative book “It’s Even Worse Than It Looks.” Significantly, they implicated journalists: “A balanced treatment of an unbalanced phenomenon is a distortion of reality and a disservice to your consumers.”

The ascension of Donald Trump four years later should not have been such a surprise. With his continued hold on the Republican Party in the Biden era, Mann and Ornstein’s admonition is truer than ever.

Yes, it’s critical for political journalists to remain fair and balanced, in contrast with the right-wing network that cynically co-opted those adjectives. And, yes, variations on the word “lie” justifiably made it into the mainstream — something I never thought I’d see, let alone write — to describe what comes out of Trump’s mouth whenever his lips move. Sadly, that was progress.

(snip)

This is a Republican Party that is not serious about governing or addressing the nation’s actual problems, as opposed to faux ones like critical race theory.

Healthcare costs, child care, climate change, income inequality, you name it — Republicans don’t even acknowledge the problems, let alone propose solutions. Statewide candidates from Nevada to Virginia echo Trump in claiming that addressing (nonexistent) election fraud is, as he put it in another statement Wednesday, “the single most important thing for Republicans to do.”

Republicans in Congress scandalously opposed a bipartisan commission to investigate the Jan. 6 insurrection, which threatened them as well as our democracy. They won’t support a must-pass increase in the nation’s debt limit, despite the trillions of debt that they and Trump piled up. Yet it was Sen. Charles E. Schumer of New York, the Democratic majority leader, who came in for pundits’ rebuke last week when he lambasted Republicans for flirting with a default, just after they’d allowed a temporary debt-limit measure to pass. What was he supposed to do? Celebrate the Republicans’ “bipartisanship” in defusing, only until December, the dynamite they’d lit under the economy?

On Saturday, the Senate’s most senior Republican, Sen. Charles E. Grassley, gleefully accepted Trump’s endorsement for reelection at a rally in Iowa where Trump repeatedly lied that he’d beaten Biden. The next day on “Fox News Sunday,” the second-ranking Republican in the House, Rep. Steve Scalise of Louisiana, repeatedly refused to say that the election was not stolen from Trump.

Democrats can’t be expected to deal with these guys like they’re on the level. Nor should journalists cover them as if they are.

Telework Journal: That didn’t take long

When it comes to fighting a deadly virus, it appears that we are all learning that sooner is better than later.  That’s the stated reason why at my workplace, NASA Johnson Space Center, and at the other NASA centers around the country, we moved from Stage 2 to Stage 3 of a response plan in just two days, even though there was no significant change in reported cases of COVID-19.  Administrator Jim Bridenstine’s message to the troops employed some of the same boilerplate we’re all getting pretty familiar with, in emails from every credit card and department store and restaurant and car repair shop and golf course with which we have ever had digital congress: a sincere declaration that they are “closely following the advice of health professionals” and that “Implementing best practices early and quickly will increase likelihoods for better outcomes.”

Despite there being verrry few cases at NASA of people who have come down with COVID-19, and no one at all here in Houston, the agency has gotten in line with the latest recommendations from the White House and moved to a stricter standard for allowing people to come to the office to do work.  As you can see in the chart (below) Stage 3 means that as of this morning only people with mission-essential tasks were to come to work, and the on-site day care is now closed, but the hardest part for many people will be, I fear, that in-person meetings are prohibited.

IMG_0656

Everybody is getting smarter about the best way to fight this crisis, even the president himself—and his favorite TV news channel, where they seem to have come around to the fact that science is real and have stopped imagining it as an attack on Dear Leader.  The mental flexibility of is just amazing!

I did have to go to the office today to take care of some things I couldn’t do from home but left as soon as I could and headed home, stopping on the way to get my car washed.  (It needed it, I promise.)   I chose the medium-priced of the three packages, advertised at $24.99.  But when I went inside to pay, the cashier asked for $18.49; assuming I’d just misread the sign, or that I had caught an unexpected sale, I gave her my card, signed the slip, and headed for the window to see my car transformed back to its original beauty.  Standing there across the waiting room from another menu board, I saw the advertisement that Wednesdays are Senior Days, with special pricing on the regular wash or any of the packages; I pulled out my receipt and looked more closely.

IMG_0658

They didn’t even ask.

Damn.

“Spectacular in its horridness”

This was not what I was talking about when I said

Fellas, you owe it to the fans.  We may not forgive you and get over it right away even if you mea culpa, mea culpa, mea maxima culpa all over the place, but I can promise you that a hell of a lot of us will never get over it if you don’t even try.

What happened today in West Palm Beach is much closer to “don’t even try” than to a real, honest explanation or apology.

After months of investigation by the Office of the Commissioner, Major League Baseball released a report last month finding the Houston Astros guilty of cheating for using technology to steal signs from their opponents in 2017 and 2018.  Astros owner Jim Crane fired the manager and general manager for not stopping the player-driven scheme, and a week later he ran interference for his players—who at that point hadn’t yet said anything—by saying they would all talk when they got to together in spring training and then offer a public apology.  That meeting happened last night, and the big apology came in a news conference this morning.  Here, courtesy of KPRC-TV in Houston, is the entire pathetic performance.

No doubt the Astros in-house public relations folks consulted with outside experts in crisis management to come up with a plan; Crane needs to be asking for his money back from all of them.  Putting the owner front and center speaking on behalf of his team seems the start of the right response, but the script they gave him to read was, as the kids say, an epic fail.  Over the course of about half an hour Crane (1) repeatedly made the point that he personally was not responsible at all, even though (2) he hired the general manager and the manager who were assigned blame in the commissioner’s report because (irony alert) they did not properly supervise their subordinates, (3) acknowledged that his players broke the rules but refused to say they “cheated,” at one point (4, in answer to a question that starts at 8:04 into the clip) said his team’s rule-breaking actions did not impact any games, and then (5, two questions later, starting at 9:39) denied that he had said what we all heard him say.  Over and over, his answer to every question that tried to start getting some into specifics became a variant of “the report says what it says, and that is what is right, and we will say no more than that.”  He looked stupid.  As an Astros fan, I am embarrassed by his ignorant performance.

Consensus of the crisis management pros consulted by the Houston Chronicle today was that this event made things worse:

“The core of the problem is that the team’s owner and players tried to declare the crisis over before it’s really over,” [Gene] Grabowski [of crisis communications firm kglobal]  said. “They sounded arrogant when they said they are moving on. That’s for the fans and sports writers to say — not guilty players and owners.”

(snip)

Mike Androvett, who owns a public relations, marketing and advertising firm that works with attorneys in Dallas and Houston, said the news conference failed to put the past to rest and, instead, “reinforced that the 2017 World Series win will likely be forever tainted.”

“I felt like the apologies by Mr. Crane and the two ballplayers seemed a little begrudging and lacking in specificity,” Androvett said. “If the intent was to nip this controversy in the bud, I think it will have the opposite effect.”

Crane, he said, “was not willing to share specific details, and he seemed only too ready to defer back to the commissioner’s report.”

Androvett said [Alex] Bregman and [Jose] Altuve, each of whom spoke for less than a minute at the news conference before giving more detailed answers in the clubhouse, “were placed in an unwinnable position, and as a result, their apologies rang a little hollow.”

(snip)

Marjorie Ingall with the website sorrywatch.com, which tracks and rates messages of public contrition, said the Astros news conference “was spectacular in its horridness. It’s the way not to apologize. It’s every example of terrible corporate policy.”

Among Crane’s failures during his news conference, Ingall said, was refusing to acknowledge the damage the Astros inflicted on their opponents.

“You have to apologize to the people you’ve harmed,” she said. “If you’re not doing that, you’re not really apologizing.”

You can see Bregman and Altuve at 2:56 and 3:45 of the news conference: they said little, but did seem taken with the seriousness of the moment if not truly sorry for what they did to cause it.  They did a bit better later in the morning inside the clubhouse, when they and a few teammates—Carlos Correa, George Springer, Justin Verlander, Josh Reddick and Lance McCullers—seem to really start to express some contrition for this illegal plan:

As I’ve put the pieces together, the story is that a team intern showed up with an Excel-based program (“Codebreaker”) that helped the front office decode a catcher’s signs, but that effort was denounced as pedestrian by Carlos Beltran when he was signed as a free agent before the 2017 season.  (The original story from The Athletic is here, a version out from under a paywall is on Sports Illustrated here.)  Beltran and bench coach Alex Cora, both now “ousted” as managers of the Mets and Red Sox, respectively, because of this affair, reportedly got the scheme rolling to route a center field camera video feed to the clubhouse/dugout area so the catcher’s signs could be deciphered and a short message—sent via bangs on a trash can in the tunnel behind the dugout—could be sent to tell the Astro-at-bat what kind of pitch was coming.  And, we are given to believe, many of the Astros players and coaches opposed this scheme but “felt powerless” to stop it.

Clubhouse dynamics came into play, and Beltrán, a 20-year veteran, reportedly didn’t take too well to players approaching him about the operation. Players described him to The Athletic as “El Jefe, the Godfather, the king, the alpha male in the building.”

A half-dozen former Astros players spoke with The Athletic on the condition of anonymity and said some players were afraid to approach Beltrán and express their disdain for the cheating scheme. At one point, veteran catcher Brian McCann approached Beltrán and asked him to end the operation.

“He disregarded it and steamrolled everybody,” one of the team members said. “Where do you go if you’re a young, impressionable player with the Astros and this guy says, ‘We’re doing this’? What do you do?”

(Beltran retired after the 2017 season; the Astros players reportedly stopped using the system to steal signs sometime in the 2018 season because they felt it was not productive.)

To this point, I have not heard a single Astros player, coach, executive or team official try to make a case that the charges are false, that the Astros are innocent.  (We’re starting to hear rumblings that there are plenty of other teams that are guilty, too, but that’s irrelevant to whether or not the Astros cheated; no one is saying the Astros didn’t do it.)  Nobody I’ve heard has tried to pardon any of the players individually, make us believe that this guy didn’t participate in the cheating.  They are publicly accepting the accusation that they violated the rules of the game, that they cheated in a way that effected the outcome of games.

Today Jim Crane and his players spent a lot of time reminding us us that they are have said they are sorry, that they have expressed remorse, as if that is all they need to say for us to be honor-bound to start to forget the whole sorry affair and rightfully turn attention to who will be the fourth and fifth starters this year, and whether or not Myles Straw can adequately replace Jake Marisnick as the designated late inning pinch runner.

What the Astros haven’t conveyed so far, at least not to me yet, is that they really “know why they’re supposed to be sorry” about this.

The players and owner Jim Crane held a team meeting on Wednesday to plan a course of action for the next day of camp. On Thursday, they severely underwhelmed. Astros hitters Jose Altuve and Alex Bregman provided roughly two minutes of insincere, vague remarks, while Crane issued a strange denial that the team’s cheating actually affected the outcome of the games.

“I am really sorry about the choices that were made by my team, by the organization, and by me,” Bregman said, squeezing as much out of the passive voice as he could.

(snip)

The Astros’ talking points all had heavy overlap. The players said most of them didn’t speak out earlier because they wanted to get together and address it as a team. (Or maybe they wanted to get their stories straight and not admit any more than what was in MLB’s investigation.) They were sorry that they didn’t do more to stop it. They hoped to move on and be better in the future. They also didn’t specify what exactly they were supposed to be sorry for.

One more thing: it occurs to me that there is a way that the Astros could still make this even more annoying.  If—despite all we’ve learned so far about the Astros cheating and whatever may still come out—if the team and the players come out tomorrow, and the next day, and next week and next month, and for however long it is that people in and out of the game are still pissed off and/or disappointed about this sorry episode…if they now take the attitude that they have done all the apologizing that is necessary and have nothing more to say on the matter…if one of them looks down his nose at a reporter and huffs that he has “already addressed that issue” and refuses to say another word…

And if the reporters let them get away with that?  If they don’t “chase them ‘round the moons of Nibia and ‘round the Antares maelstrom, and ‘round perdition’s flame” to get a honest answer to a legitimate question…well, that’s a whole ‘nuther blog post.