You still don't know the facts, there is a small chance that he did take them on accident, now that chance is really small, but you still have to give him that. Put yourself in his situation, you knowing that you did not take these steroids, you want to clear your name, but you cannot clear it while this investigation is going on. For all you know, he could have tested positive before he went before congress. Now with that being said, are you going to come out and try to tell your side of the story and expect congress to believe you? No matter what he says, even if he did not take them, people are going to be skeptical. So as long as he keeps his mouth shut, he doesn't have any legal problems. Once he feels that he can present his case, then he will do so, if he lied, then he will never present a case and simply hope everything goes away. Even then, you can't prove he knowingly did it. Even Canseco said he doubts Palmeiro was doing any steroids during this year. But look at another side of the issue, the one player that was claiming he did steroids several years ago, and he is still testing positive, I haven't read into the scientific info, but I guess it could be a possibility, but then again, that would lead to what I said earlier about Palmeiro's testimony to Congress. All we can say, is that he tested positive for steroids, we can't and probably will never be able to determine whether he took them purposely unless like you said, he comes out and says it, and technically, Giambi really never came out and said it because of legal issues, but everybody got the message.