This week, the Baseball Hall of Fame announced the voting results of its induction balloting from 2008. Jim Rice and Rickey Henderson will be inducted into Cooperstown this summer after receiving the required 75% of the vote. Former A’s and Cardinals slugger Mark McGwire, however, will not be inducted; he received 21% of the vote.

Mark McGwire was widely regarded as one of the greatest sluggers of all time during his playing career. Upon his retirement, the debate around McGwire’s Hall of Fame induction didn’t surround whether it would happen, but whether it would happen on his first ballot.

Mark McGwire, however, hasn’t quite been able to detach himself from the label of steroid-user. If he used steroids, the argument goes, we need to disregard his on-the-field play and vote against him for the Hall.

In my mind, there are three and only three lines of reasoning that one can take in order to reasonably justify a vote against McGwire…

1.) We shouldn’t vote for McGwire because his on-the-field performance does not merit induction into the Hall of Fame.

2.) We shouldn’t vote for McGwire because we can presume he is guilty of a sin (steroid use) that Major League Baseball had not outlawed and our desire that the sin in question had been banned by baseball is sufficient cause to penalize offenders retroactively.

3.) We shouldn’t vote for McGwire because we can presume he is guilty of a sin that the law forbids, and that acts that are illegal in law ought to be bound on the performance of an athlete for the consideration of their performance.

Let’s assume for the sake of argument that McGwire’s on the field performance warrants induction to Cooperstown. We’re left, then, with assumptions two and three as the sole justifications for a vote against McGwire. Both assumptions are entirely flawed.

Neither assumption holds any water at all unless we can presume McGwire guilty of steroid use. Even granting the McGwire critic a lowered burden of proof, the evidence still remains minimal.

*In his book, former Major League player Jose Canseco (who has admitted to his own use of steroids) mentions Mark McGwire by name as being among those he knows to have used steroids during their playing career. Jose Canseco would be among the easier witnesses to discredit.

*Mark McGwire hit a lot of home runs and if it looks like a duck and quacks like a duck, it’s a duck. Lots of players, of course, have hit a lot of home runs. It alone proves nothing.

*McGwire didn’t tell Congress everything he knows when under oath. Therefore, he’s hiding something steroid-related. To this I would say two things. First, one cannot find competent legal counsel who would NOT have advised McGwire to do as he did before Congress. Second, that each of us doesn’t volunteer information to authorities in no way indicts us for crimes we know of. Granting McGwire the same benefit of the doubt is not a courtesy taken too far.

Truth be told, I wouldn’t be all that surprised if it were proven that McGwire did, in fact, use steroids. That’s not the point. The point is to show how ridiculous it is to presume this guilt given how weak of a collection of evidence we have to support it. My naked opinion is not worth discussing. What I can support with fact and reason is.

The second faulty assumption in the McGwire-critic’s case is the belief that the standards of the critic can be applied retroactively. Steroids were banned by baseball in 2002; McGwire retired after the 2001 season. First of all, even given that McGwire DID use steroids, he did not violate any steroids-based rule during his career. If I perform act x in 2009, and x is banned in 2010, I am guilty of no crime. Secondly, the McGwire-critic has no authority whatsoever to legislate the rules of MLB. I might prefer that the DH be banned or that pitchers pitch from 55 feet or that center field fences be at least 420 feet from home plate – but these aren’t my call. I also might have wished that MLB had acted sooner to ban steroids. If I am a Hall of Fame voter, I’m not the rulemaking body; I’m a judge of performances under the circumstances as legislated (or not legislated) by MLB and the Players’ association.

The third bad assumption that the McGwire-critic could take is that acts that are illegal in law are bound on the conduct of an athlete for consideration of their athletic performance. This is the weakest assumption, but one that’s nonetheless possible to make. If steroids were illegal, the argument goes, McGwire should not have used them despite MLB not banning them. We can all agree that we’d prefer our athletes to have clean criminal records. Suffice it to say that many baseball Hall of Famers do not. We have not historically held a player’s criminal conduct against them when considering their playing career; we ought therefore not cherry-pick against McGwire.

If I cannot presume McGwire guilty of steroid use, and I cannot retroactively apply rules as they were written after McGwire retired, OR I cannot hold the standards of the law against McGwire unfairly, then all I’m left with is a great baseball career. Taken as a given that said career is Hall of Fame worthy, all we can do then is vote to put McGwire in Cooperstown.