If Roger Clemens thought Wednesday's hearing marked the end of the questions and allegations about his now scandal-stained career, he couldn't be more wrong: the House Committee on Oversight and Government Reform hearing may just be the beginning of a long and difficult legal battle for Clemens that could culminate in the 354-game winner facing criminal charges. Rep. Henry Waxman (D-Calif.), the committee's chairman, and Rep. Tom Davis of Virginia, the panel's leading Republican, could refer the issue to the Justice Department, which would begin an inquiry into whether Brian McNamee or Clemens lied to Congress. New York Daily News
WASHINGTON - Roger Clemens seemed stunned by the barrage of hostile questions from lawmakers during Wednesday's congressional inquiry, but when the former Yankee ace emerged from the hearing after a five-hour grilling, he looked like the Rocket of old - a fierce competitor hailed as the greatest pitcher of his generation.
But if Clemens thought Wednesday's hearing marked the end of the questions and allegations about his now scandal-stained career, he couldn't be more wrong: the House Committee on Oversight and Government Reform hearing may just be the beginning of a long and difficult legal battle for Clemens that could culminate in the 354-game winner facing criminal charges.
Clemens, though, seemed unfazed with legal trouble possibly looming. Accompanied by wife Debbie and lawyers Rusty Hardin and Lanny Breuer, the seven-time Cy Young Award winner marched down the marble hallway of the Rayburn Building cocky and defiant, as if he had just pitched nine scoreless innings.
He stopped to sign an autograph and acknowledged the fans that waited in the hall for hours to get a glimpse.
"It was great," Clemens said when asked how the day went. "I'm glad I had the opportunity. I look forward to coming back to Washington under different circumstances."
The hearing, called to determine whether Clemens' former trainer Brian McNamee lied when he told former Sen. George Mitchell that he injected the pitcher numerous times with human growth hormone and steroids, hardly settled the running feud between the former friends.
In fact, it fueled it further. McNamee, quoted in the Mitchell Report as saying he injected Clemens at least 16 times from 1998-2001, told congressional investigators the number was actually higher.
Rep. Henry Waxman (D-Calif.), the committee's chairman, and Rep. Tom Davis of Virginia, the panel's leading Republican, could refer the issue to the Justice Department, which would begin an inquiry into whether McNamee or Clemens lied to Congress.
"We could refer this to Justice for perjury and they could do nothing," Davis said of Justice Department officials. "We could not refer it and they could do something. They have absolute flexibility in this issue to do what they want to do, regardless of what we do."
Keith Ausbrook, the committee's Republican chief counsel, said the panel won't make any quick decisions.
"The real answer is that we don't know everything. We have some people in front of us who've made contradictory statements that we need to investigate to some degree. But before we refer anything like that, it would be important to have a better sense of what the truth really is," said Ausbrook.
"There is no real time frame. But we do need to review the evidence, look very carefully at what was said today, what the evidence is and decide whether or not - based on what's before us - a referral is warranted."
IRS agent Jeff Novitzky, who was the lead investigator in the BALCO case, sat conspicuously in the second row of the spectator gallery, suggesting that federal investigators are indeed interested in Clemens.
The pitcher has plenty of other problems, too: A grand jury could be convened to examine the conflict between Clemens and McNamee. "We hope a grand jury is convened," said McNamee lawyer Richard Emery.
Waxman stopped just short of accusing Clemens of witness tampering. The committee had tried to locate a Clemens family nanny who may have been at a party at Jose Canseco's Miami-area home where McNamee claims Clemens talked about performance-enhancing drugs. Clemens invited the woman to his home on Sunday, the first contact the two have had in years, before he passed her name on to the panel.
"There's always going to be a question whether you tried to influence her testimony," Waxman said.
Emery said Clemens' actions with the nanny were disturbing. "They were told not to talk to her, yet Roger Clemens talks to the nanny and told her he wasn't there (at the party). I don't know what you call it," Emery said. "It smells."
Emery and fellow attorney Earl Ward returned to New York after the hearing to begin work on the defamation lawsuit filed against McNamee by Clemens shortly after the Mitchell Report was released. One of their most important tasks will be to obtain a sample of Clemens' DNA. As the Daily News first reported last week, McNamee recently turned over physical evidence - used syringes, bloody gauze pads and empty steroid vials - he claims will link Clemens to illicit drug use.
Although Clemens' longtime friend and teammate Andy Pettitte was excused from the hearing, his testimony may have been the most damaging of all. Pettitte said in a statement to the committee that was read by Waxman, that Clemens admitted HGH use to him nearly a decade ago. Pettitte told his wife Laura about the conversation, and she submitted an affidavit supporting her husband's testimony.
Clemens said Pettitte "misheard" and "misremembered" the conversation, but if that's true, it won't win the Rocket points in the court of public opinion; Clemens later told Pettitte he was referring to his wife Debbie's drug use, not his own.
Clemens' vociferous challenges to the Mitchell Report prompted Waxman and Davis to conduct the hearing, and Clemens may be wondering at this point if he made a mistake. Instead of a once-guaranteed induction into Cooperstown, the Rocket now faces months, if not years, of public discussion of the most personal details of his life.
Even Clemens' butt is subject to investigation. Rep. Stephen Lynch (D-Mass.) confronted Clemens about an abscess that developed on his rear end in 1998. McNamee claims the abscess was caused by a botched injection of Winstrol, a powerful steroid. Clemens said it came from a B-12 shot.
Lynch said one expert's analysis of an MRI suggested the injury was likely related to attempted intramuscular injections and was consistent with Winstrol use, prompting Davis to come to Clemens' defense.
"This gives new meaning to the term 'lynching,'" Davis said.
But through all the rough questioning, Clemens never wavered.
"I am not saying Senator Mitchell's report is entirely wrong and I am not trying to convince those who have already made up their minds based only on an allegation," Clemens said. "For those with an open mind, however, I am saying that Brian McNamee's statements about me are wrong. Once again, I never took steroids or human growth hormone."
But if Clemens thought Wednesday's hearing marked the end of the questions and allegations about his now scandal-stained career, he couldn't be more wrong: the House Committee on Oversight and Government Reform hearing may just be the beginning of a long and difficult legal battle for Clemens that could culminate in the 354-game winner facing criminal charges.
Clemens, though, seemed unfazed with legal trouble possibly looming. Accompanied by wife Debbie and lawyers Rusty Hardin and Lanny Breuer, the seven-time Cy Young Award winner marched down the marble hallway of the Rayburn Building cocky and defiant, as if he had just pitched nine scoreless innings.
He stopped to sign an autograph and acknowledged the fans that waited in the hall for hours to get a glimpse.
"It was great," Clemens said when asked how the day went. "I'm glad I had the opportunity. I look forward to coming back to Washington under different circumstances."
The hearing, called to determine whether Clemens' former trainer Brian McNamee lied when he told former Sen. George Mitchell that he injected the pitcher numerous times with human growth hormone and steroids, hardly settled the running feud between the former friends.
In fact, it fueled it further. McNamee, quoted in the Mitchell Report as saying he injected Clemens at least 16 times from 1998-2001, told congressional investigators the number was actually higher.
Rep. Henry Waxman (D-Calif.), the committee's chairman, and Rep. Tom Davis of Virginia, the panel's leading Republican, could refer the issue to the Justice Department, which would begin an inquiry into whether McNamee or Clemens lied to Congress.
"We could refer this to Justice for perjury and they could do nothing," Davis said of Justice Department officials. "We could not refer it and they could do something. They have absolute flexibility in this issue to do what they want to do, regardless of what we do."
Keith Ausbrook, the committee's Republican chief counsel, said the panel won't make any quick decisions.
"The real answer is that we don't know everything. We have some people in front of us who've made contradictory statements that we need to investigate to some degree. But before we refer anything like that, it would be important to have a better sense of what the truth really is," said Ausbrook.
"There is no real time frame. But we do need to review the evidence, look very carefully at what was said today, what the evidence is and decide whether or not - based on what's before us - a referral is warranted."
IRS agent Jeff Novitzky, who was the lead investigator in the BALCO case, sat conspicuously in the second row of the spectator gallery, suggesting that federal investigators are indeed interested in Clemens.
The pitcher has plenty of other problems, too: A grand jury could be convened to examine the conflict between Clemens and McNamee. "We hope a grand jury is convened," said McNamee lawyer Richard Emery.
Waxman stopped just short of accusing Clemens of witness tampering. The committee had tried to locate a Clemens family nanny who may have been at a party at Jose Canseco's Miami-area home where McNamee claims Clemens talked about performance-enhancing drugs. Clemens invited the woman to his home on Sunday, the first contact the two have had in years, before he passed her name on to the panel.
"There's always going to be a question whether you tried to influence her testimony," Waxman said.
Emery said Clemens' actions with the nanny were disturbing. "They were told not to talk to her, yet Roger Clemens talks to the nanny and told her he wasn't there (at the party). I don't know what you call it," Emery said. "It smells."
Emery and fellow attorney Earl Ward returned to New York after the hearing to begin work on the defamation lawsuit filed against McNamee by Clemens shortly after the Mitchell Report was released. One of their most important tasks will be to obtain a sample of Clemens' DNA. As the Daily News first reported last week, McNamee recently turned over physical evidence - used syringes, bloody gauze pads and empty steroid vials - he claims will link Clemens to illicit drug use.
Although Clemens' longtime friend and teammate Andy Pettitte was excused from the hearing, his testimony may have been the most damaging of all. Pettitte said in a statement to the committee that was read by Waxman, that Clemens admitted HGH use to him nearly a decade ago. Pettitte told his wife Laura about the conversation, and she submitted an affidavit supporting her husband's testimony.
Clemens said Pettitte "misheard" and "misremembered" the conversation, but if that's true, it won't win the Rocket points in the court of public opinion; Clemens later told Pettitte he was referring to his wife Debbie's drug use, not his own.
Clemens' vociferous challenges to the Mitchell Report prompted Waxman and Davis to conduct the hearing, and Clemens may be wondering at this point if he made a mistake. Instead of a once-guaranteed induction into Cooperstown, the Rocket now faces months, if not years, of public discussion of the most personal details of his life.
Even Clemens' butt is subject to investigation. Rep. Stephen Lynch (D-Mass.) confronted Clemens about an abscess that developed on his rear end in 1998. McNamee claims the abscess was caused by a botched injection of Winstrol, a powerful steroid. Clemens said it came from a B-12 shot.
Lynch said one expert's analysis of an MRI suggested the injury was likely related to attempted intramuscular injections and was consistent with Winstrol use, prompting Davis to come to Clemens' defense.
"This gives new meaning to the term 'lynching,'" Davis said.
But through all the rough questioning, Clemens never wavered.
"I am not saying Senator Mitchell's report is entirely wrong and I am not trying to convince those who have already made up their minds based only on an allegation," Clemens said. "For those with an open mind, however, I am saying that Brian McNamee's statements about me are wrong. Once again, I never took steroids or human growth hormone."
<TABLE class=sectionhead style="BORDER-BOTTOM: #e1e1e1 2px solid" cellSpacing=0 cellPadding=0 width=660 border=0><TBODY><TR><TD height=27>Front page </TD><TD class=dateline noWrap></TD></TR></TBODY></TABLE>
<!-- begin middle column --><TABLE style="MARGIN-BOTTOM: 0px; WIDTH: 575px" cellSpacing=0 cellPadding=0 border=0><TBODY><TR><TD style="PADDING-BOTTOM: 4px"><SCRIPT src="http://images.chron.com/CDC/elf/js/fotogallery_story.js" type=text/javascript></SCRIPT><SCRIPT type=text/javascript> /*<![CDATA[*/ galleryPhotos[0] = ""; galleryPhotos[galleryPhotos.length]=new PhotoTemplate("http://images.chron.com/photos/2008/02/13/9999697/311xInlineGallery.jpg","", "Former Astros pitcher Roger Clemens, right, lawyer Charles Scheeler center, and Clemens' former personal trainer Brian McNamee, are sworn in.","Pablo Martinez Monsivais", "AP"); totaltemplate=galleryPhotos.length-1; titletemplate=""; /*]]>*/ </SCRIPT><!-- gallery title caption byline credit --><!--
-->Former Astros pitcher Roger Clemens, right, lawyer Charles Scheeler center, and Clemens' former personal trainer Brian McNamee, are sworn in.
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Feb. 14, 2008, 1:45PM
McNamee lawyer predicts pardon for Clemens
Associated Press
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One of Brian McNamee's lawyers predicted Roger Clemens will be pardoned by President Bush, saying some Republicans treated his client harshly because of the pitcher's friendship with the Bush family.
Lawyer Richard Emery made the claims Thursday, a day after a congressional hearing broke down along party lines. Many Democrats were skeptical of Clemens' denials he used performance-enhancing drugs and Republicans questioned the character of McNamee, the personal trainer who made the accusations against the seven-time Cy Young Award winner.
"It would be the easiest thing in the world for George W. Bush, given the corrupt proclivities of his administration, to say Roger Clemens is an American hero, Roger Clemens helped children,'' Emery said in a telephone interview. "It's my belief they have some reason to believe they can get a pardon.''
During Wednesday's session before the House Committee on Oversight and Government Reform, Clemens repeated his denials under oath, which could lead to criminal charges if federal prosecutors conclude he made false statements or obstructed Congress.
"I'm not aware of Mr. Clemens having been charged with anything,'' White House deputy press secretary Tony Fratto said after being told of Emery's remarks.
Emery cited Bush's decision last year to commute the 2½-year prison sentence of I. Lewis "Scooter'' Libby, his vice president's former top aide. Libby was convicted in the case of the leaked identity of a CIA operative.
During the hearing, Clemens cited his friendship with Bush's father, President George H.W. Bush, a baseball fan who regularly attends Houston Astros' games. Clemens said he was on a recent hunting trip when the elder Bush called with words of support.
"When all this happened, the former president of the United States found me in a deer blind in south Texas and expressed his concerns that this was unbelievable, and stay strong and hold your head up high,'' Clemens testified.
Emery said as he thought about the testimony overnight, Clemens' reference to the call from the elder Bush convinced him the questioning by Republicans was a concerted effort.
"All the pieces fell into place given his friendship, his personal friendship with the Bush family,'' Emery said. "They have some belief that even if he's prosecuted, he will never have to serve jail time or face a trail. This is a charade we're going through.''
IRS Special Agent Jeff Novitzky attended the hearing and watched from the second row. Novitzky has been a part of the BALCO prosecution team that secured an indictment against Barry Bonds on charges of perjury and obstruction of justice. Bonds testified before a grand jury in 2003 and denied that he knowingly used performance-enhancing drugs.
Emery praised Clemens' lawyers, Rusty Hardin and Lanny Breuer, as knowledgeable and said the prospect of a pardon was the only explanation that allowed the pitcher to repeat his denials under oath.
"It's the only reason lawyers worth their salt would allow their client to run into the buzzsaw of Jeff Novitzky and the potential prosecution, tampering and lying to a federal official,'' Emery said.
Joe Householder, Clemens' spokesman, said he would attempt to reach Hardin or Breuer for comment. Republicans on the committee did not immediately return telephone calls.
Emery had harsh criticism for Republican Reps. Dan Burton of Indiana, Virginia Foxx of North Carolina, Darrell Issa of California and Christopher Shays of Connecticut. Shays called McNamee a "drug dealer'' and Burton accused McNamee of telling "lie after lie after lie after lie.''
"It was disgusting and despicable behavior,'' Emery said. "It was clear to me they were carrying someone's water.''
Rep. Elijah Cummings, a Maryland Democrat who said he believed McNamee, was concerned about the apparent Republican-Democratic divide. "Of all the things to become partisan over, this was the wrong one,'' Cummings said. "What we needed to be doing was to be in search of truth. And I think that when you are truly in search of truth, we need to put the partisan shoes at the door and walk in without them.''
<!-- begin middle column --><TABLE style="MARGIN-BOTTOM: 0px; WIDTH: 575px" cellSpacing=0 cellPadding=0 border=0><TBODY><TR><TD style="PADDING-BOTTOM: 4px"><SCRIPT src="http://images.chron.com/CDC/elf/js/fotogallery_story.js" type=text/javascript></SCRIPT><SCRIPT type=text/javascript> /*<![CDATA[*/ galleryPhotos[0] = ""; galleryPhotos[galleryPhotos.length]=new PhotoTemplate("http://images.chron.com/photos/2008/02/13/9999697/311xInlineGallery.jpg","", "Former Astros pitcher Roger Clemens, right, lawyer Charles Scheeler center, and Clemens' former personal trainer Brian McNamee, are sworn in.","Pablo Martinez Monsivais", "AP"); totaltemplate=galleryPhotos.length-1; titletemplate=""; /*]]>*/ </SCRIPT><!-- gallery title caption byline credit --><!--
-->Former Astros pitcher Roger Clemens, right, lawyer Charles Scheeler center, and Clemens' former personal trainer Brian McNamee, are sworn in.
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Pablo Martinez Monsivais: AP
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Feb. 14, 2008, 1:45PM
McNamee lawyer predicts pardon for Clemens
Associated Press
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One of Brian McNamee's lawyers predicted Roger Clemens will be pardoned by President Bush, saying some Republicans treated his client harshly because of the pitcher's friendship with the Bush family.
Lawyer Richard Emery made the claims Thursday, a day after a congressional hearing broke down along party lines. Many Democrats were skeptical of Clemens' denials he used performance-enhancing drugs and Republicans questioned the character of McNamee, the personal trainer who made the accusations against the seven-time Cy Young Award winner.
"It would be the easiest thing in the world for George W. Bush, given the corrupt proclivities of his administration, to say Roger Clemens is an American hero, Roger Clemens helped children,'' Emery said in a telephone interview. "It's my belief they have some reason to believe they can get a pardon.''
During Wednesday's session before the House Committee on Oversight and Government Reform, Clemens repeated his denials under oath, which could lead to criminal charges if federal prosecutors conclude he made false statements or obstructed Congress.
"I'm not aware of Mr. Clemens having been charged with anything,'' White House deputy press secretary Tony Fratto said after being told of Emery's remarks.
Emery cited Bush's decision last year to commute the 2½-year prison sentence of I. Lewis "Scooter'' Libby, his vice president's former top aide. Libby was convicted in the case of the leaked identity of a CIA operative.
During the hearing, Clemens cited his friendship with Bush's father, President George H.W. Bush, a baseball fan who regularly attends Houston Astros' games. Clemens said he was on a recent hunting trip when the elder Bush called with words of support.
"When all this happened, the former president of the United States found me in a deer blind in south Texas and expressed his concerns that this was unbelievable, and stay strong and hold your head up high,'' Clemens testified.
Emery said as he thought about the testimony overnight, Clemens' reference to the call from the elder Bush convinced him the questioning by Republicans was a concerted effort.
"All the pieces fell into place given his friendship, his personal friendship with the Bush family,'' Emery said. "They have some belief that even if he's prosecuted, he will never have to serve jail time or face a trail. This is a charade we're going through.''
IRS Special Agent Jeff Novitzky attended the hearing and watched from the second row. Novitzky has been a part of the BALCO prosecution team that secured an indictment against Barry Bonds on charges of perjury and obstruction of justice. Bonds testified before a grand jury in 2003 and denied that he knowingly used performance-enhancing drugs.
Emery praised Clemens' lawyers, Rusty Hardin and Lanny Breuer, as knowledgeable and said the prospect of a pardon was the only explanation that allowed the pitcher to repeat his denials under oath.
"It's the only reason lawyers worth their salt would allow their client to run into the buzzsaw of Jeff Novitzky and the potential prosecution, tampering and lying to a federal official,'' Emery said.
Joe Householder, Clemens' spokesman, said he would attempt to reach Hardin or Breuer for comment. Republicans on the committee did not immediately return telephone calls.
Emery had harsh criticism for Republican Reps. Dan Burton of Indiana, Virginia Foxx of North Carolina, Darrell Issa of California and Christopher Shays of Connecticut. Shays called McNamee a "drug dealer'' and Burton accused McNamee of telling "lie after lie after lie after lie.''
"It was disgusting and despicable behavior,'' Emery said. "It was clear to me they were carrying someone's water.''
Rep. Elijah Cummings, a Maryland Democrat who said he believed McNamee, was concerned about the apparent Republican-Democratic divide. "Of all the things to become partisan over, this was the wrong one,'' Cummings said. "What we needed to be doing was to be in search of truth. And I think that when you are truly in search of truth, we need to put the partisan shoes at the door and walk in without them.''
