I'm not really sure how he can be disqualified. Sure, there is tons of evidence against him, but no failed drug test.
McGwire, Sosa, Bonds, and a large number of other players have a whole lot going against them, but none of them ever failed a test. As far as MLB is concerned, none of them ever used any banned substances.
Why is that? MLB had no policy in regards to steroids in place. Even after the original Canseco suspicions in the early to mid nineties, MLB did absolutely nothing to truly discourage the use of these drugs. It was only after Congress got after their asses that MLB did anything about it.
I do not condone any of the above mentioned players' use of performance enhancing drugs, but if they were allowed within the confines of the rules, I don't see how MLB can take any official action. True, the use of drugs was clearly not in the spirit of the game and did likely blast some of MLB's beloved numbers out of the record books, but isn't it MLB's responsibility to protect those sacred numbers?
Sports writers have the final say on the HOF, and who knows how that will go. It is likely that many of the "tainted" players will not be put in on the first ballot, but I doubt they'll be kept out for good. I also doubt that there will be any asterisks or anything like that in the records or on their displays. Without hard proof like a failed test, it would be difficult to implement something like that.
Having said all of this, I lost all respect I had for Big Mac after his testimony to Congress and have zero regard for Sosa or Bonds. It's just too bad none of them were/are as foolish as Raffie. At least we KNOW he's a cheater.
Just my .02