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January 2022


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Tag: Roger Clemens

Former Trainer Wants FBI Records in Civil Suit Against Roger Clemens

Steve Neavling

The former Yankees trainer suing former pitching superstar Roger Clemens for slander wants to use FBI records in the civil defamation case, the New York Post reports.

The trainer, Brian McNamee, claims in Brooklyn federal court that Clemens “intended to deceive the public and Congress into falsely believing that McNamee is a liar,” according to the Post.

McNamee is requesting FBI notes of an interview with Yankee pitcher Andy Pettitte.

McNamee intends to take sworn depositions from Clemens, Pettitte and their wives, the Post reported.

Column: Roger Clemens Shutouts Feds 6-0: Feds Should Have Dropped Case

Allan Lengel

By Allan Lengel

Hopefully the case of baseball star Roger Clemens  provides a lesson for the Justice Department.

Yes, it’s wrong to lie to Congress, which is what he was charged with.

Nevertheless, when you have a questionable case — and in this instance a very questionable one — walk away.

The prosecution screwed up in the first trial when it accidentally introduced evidenced that had been barred by the judge. The judge declared a mistrial. He then considered tossing out the case all together.

Clemens was charged with lying to Congress about steroid use.

The judge eventually let the prosecution proceed with a second trial. He could have saved the government some grief by tossing the case.

But noooo.

On Monday, a federal jury in D.C. acquitted Clemens on all six counts.

For a pitcher, that’s known as a shutout.

Not even close: 6-0.

Big loss for the government in a big case.



Breaking News: D.C. Fed Jury Acquits Roger Clemens For a Second Time

Roger Clemens/file photo

By Allan Lengel

On its second try, federal prosecutors failed once again to convict ex-baseball star Roger Clemens of lying to Congress.

CNN reported that a federal jury acquitted Clemens on Monday on all six counts.


Second Trial Against Baseball Star Roger Clemens Begins on Monday

By Allan Lengel

Fed prosecutors in D.C. will get a second chance on Monday to try and convict baseball great Roger Clemens of lying to Congress about using performance enhancing drugs after the screwing up big time the first time around.

Jury selection begins Monday in D.C. federal court,  just blocks from the Capitol.

U.S. District Judge Reggie Walton last July declared a mistrial after the prosecution introduced a video which contained evidence Walton had barred.

Some had thought the judge would not grant a new trial.

The government came under criticism by some, saying it was wasting its resources by going after someone like Clemens. But others argued that people who lie before Congress should be punished.





Feds Want a Second Shot at Prosecuting Roger Clemens

Roger Clemens/file photo

By Allan Lengel

The D.C. U.S. Attorney’s Office wants a second shot at prosecuting ex-pitching star Roger Clemens for lying to Congress about using performance enhancing drugs, saying it inadvertently goofed last month in the first trial when it played a video to the jury on the second day.

A mistrial was declared as a result of the error. The government filed a motion Friday asking for a second trial, and requesting that the judge reject Clemens’ effort to dismiss the charges.

“On the second day of what was expected to be a 4-to-6 week trial, the government mistakenly played a video clip that included evidence this Court had ruled inadmissible, ” the government stated in the motion written by Assistant U.S. Attorney David B. Goodhand.   “At defendant’s request, this Court therefore declared a mistrial. Now, defendant seeks to gain an unwarranted windfall from this inadvertent error. Defendant seeks to bar a retrial, arguing the government did not make a mistake, but rather engaged in deliberate misconduct intended to provoke his mistrial request.

“The record refutes defendant’s claim. Although this crucial fact is nowhere discussed in defendant’s motion, the government vigorously opposed a mistrial. That opposition was natural, because the government had no reason to want a mistrial. The government’s case was – and is – strong.”

U.S. District Judge Reggie Walton last month declared the mistrial after the prosecution introduced the video which contained evidence  Walton had barred.  After declaring the mistrial, he said he was going to have to make a determination whether to grant the government a second chance or dismiss the charges.

The brief concluded:

“The record thus shows only that the government made a mistake when it failed to review Exhibit 3b-2 for necessary redactions. And as regrettable as this mistake was, it does not warrant the extreme measures of a prohibition on any retrial and the dismissal of defendant’s indictment.”

Read Government Motion

Steroids Had Plenty of Victims

The author (right) Greg Stejsal and Michigan coach Bo Schembechler

The author (right) Greg Stejsal and Michigan coach Bo Schembechler

By Greg Stejskal

“Say it ain’t so, Rocket.”

(“Say it ain’t so, Joe.” Reported words of a young fan to Shoeless Joe Jackson after the Black Sox gambling scandal.)

Roger Clemens may have lied under oath in front of a Congressional committee regarding the use of steroids during his baseball career, but so what? Couldn’t our prosecutorial resources be used for more important things?

In the late 1980s and early 90s, as an FBI agent (now retired), who helped shepherd the largest steroid investigation in history, similar questions were posed to me. Why should we pursue the illegal distribution of steroids?

In 1989, University of Michigan head football coach Bo Schembechler and his strength coach, Mike Gittleson, shared a big concern.

They believed steroid use was becoming pervasive in college football. Their concern was not only that some players and teams were getting a competitive advantage but that high school players were beginning to think that steroid use was a necessary and accepted practice in getting to the next level.

Bo and Mike knew that steroids were an effective performance-enhancing drug, but could also cause very serious health problems. Not the least of these is severe depression. I learned of numerous cases of young, aspiring athletes who committed suicide after using steroids. (One of those suicides was the son of an FBI agent I knew.) I also thought of my own daughter and son, who, at the time, were beginning to participate in sports. Would they be faced with the choice of having to use steroids in order to reach their athletic goals?

Many believe steroid use is a victim-less crime. It’s not. Using steroids or other performance-enhancing drugs (PEDs) affect the very integrity of the sport in which they are used. I see three sets of victims. The first is the players who choose to remain clean but must compete against the “enhanced” players. The other victims are aspiring athletes who use PEDs to continue pursuing their sport, or become disillusioned and quit. The third victim is the fan – more on that just ahead.

When we began our steroid investigation, dubbed Operation Equine, our goal was to pursue the steroid dealers, not the users. We reasoned prosecutors would have little interest in going after users whether they be gym rats or professional athletes. However, in retrospect, perhaps the only way to snag the media’s attention would have been to arrest celebrity athletes. We were also stunned when Major League Baseball stifled a yawn when presented with facts about all their “juiced” players.

Our investigative team was faced with a quandary when one of the dealers we arrested told us he had been supplying Jose Canseco and other members of the then Oakland A’s. (Later we learned one of those A’s was Mark McGwire.) No doubt, these are headline-generating names. For the reasons outlined above, we chose to pursue this dealer’s suppliers, not the star players/users.

It was way back in 1994 that information about the players’ use of steroids was given to the office of the Commissioner of Major League Baseball. It was ignored for nearly a decade. Yes, nothing happened for nearly 10 years until Canseco himself became the messenger. (Ironically, the U.S. Attorney’s office in northern California didn’t deem steroid dealing a crime worthy of prosecution at the time. What might have happened had they prosecuted the Oakland A’s dealer there, the future home of BALCO?)

If Roger Clemens did use steroids, the ramifications were far greater than just a high profile athlete using a substance to enhance his performance. The past and future are forever altered. Here’s where the Fan as a Victim enters the picture. In baseball, perhaps more than in any other sport, you not only compete with your contemporaries but against players from the past through statistics. These statistical achievements have long been considered sacrosanct, the lifeblood of every baseball fanatic.

These numbers transcend generations of players and fans. Thus, the use of PEDs not only potentially alters the final score, but has, to some extent, destroyed the integrity of those precious stats. Maybe more importantly, when star athletes turn to PEDs, they inadvertently encourage the same behavior by young aspiring athletes who seek to emulate their heroes.

People may argue about whether Congress should be involved in these issues, but persons testifying in front of Congressional committees under oath must tell the truth. Or invoke the protection of the 5th Amendment. To do otherwise renders the whole process a farce.

Ironically, if Clemens had used steroids during his career and admitted it, he most likely wouldn’t have been prosecuted. However, he now faces a serious charge of perjury, and perhaps worse – a tarnished career that no stellar statistic can ever repair.

It goes beyond just saying it ain’t so.

Chicago Tribune: Prosecuting Baseball Star Roger Clemens Waste of “Prosecutorial Resources”

*Jan 06 - 00:05*By Steve Chapman
Chicago Tribune Editorial Board

If it were a crime to venture onto Capitol Hill to reveal yourself as a self-absorbed liar with an inability to admit mistakes, there would be tumbleweeds blowing through the vacant halls of Congress. Fortunately for members of the legislative branch, that is not a crime. Unless your name is Roger Clemens.

The eccentric baseball legend is not one to let people disparage him without a forceful response, any more than he was one to let batters crowd the plate without retaliation. A couple of years ago, after being accused of using performance-enhancing drugs, he voluntarily appeared before a House committee to heap scorn on the charge.

His denial was not very convincing, since other witnesses — notably longtime teammate Andy Pettitte — had given statements contradicting him. He was repeatedly reminded by skeptical interrogators that he was under oath. Democratic Chairman Henry Waxman and ranking Republican Tom Davis joined together afterward to advise the Justice Department that “significant questions have been raised about Mr. Clemens’ truthfulness.”

But never mind if anyone believed him, or if his alleged dissembling made any difference on anything. Federal prosecutors got him indicted for perjury, and he faces trial on charges that carry penalties of up to 30 years in prison.

It’s possible to imagine less worthy uses of prosecutorial resources, but not many.

To read more click here.

All Star Clemens Adds Ex-Fed Prosecutor to Defense Team

Michael Attanasio/law firm photo

Michael Attanasio/law firm photo

By Allan Lengel

WASHINGTON — Seven- time Cy Young winner Roger Clemens, who was indicted last week on charges of lying to Congress about steroid use, is adding a former federal prosecutor to his team, reports.

Michael Attanasio, a federal prosecutor in Washington from 1991 to 1999, who is now a partner in the firm Cooley LLP of San Diego, is hopping aboard the defense team. The firm has a D.C. office.

The all-star defense team once included prominent Washington attorney Lanny Breuer, who was with Clemens when he testified in 2008 before Congress, reported. Breuer now heads up the Justice Department’s criminal division.

Lanny Breuer

Lanny Breuer

“Everybody wants to say we should have a Washington lawyer, and they may be right,” one of Clemens’ defense attorneys, Rusty Hardin of Houston, who noted that  Attanasio is based in San Diego, told ESPN. “But Mike was with the DOJ [Department of Justice] for eight years out of Washington and he knows his way around there.”