MLB Steroids Scandal

Waxman and Clemens' Lawyers Go Head to Head

Paul Kiel | February 13, 2008, 4:29PM

I’m not sure if we’ll be adding a category for Best Legal Eagle Blowup to the Golden Duke Awards, but if we did, this might take the prize.

Roger Clemens' hearing today was mostly a cordial one, all things considered. But at one point, things broke down to the point where Clemens' two top-flight lawyers Lanny Breuer (formerly President Clinton's special counsel in the Lewinsky affair) and Rusty Hardin were standing behind him, their hands on his shoulders in an attempt to silence him, shouting at Waxman. Here's the video:

The issue itself was over a rather minute detail. As I understand it (not being a Mitchell Report-ologist), Brian McNamee, Clemens former trainer and main accuser, has said that Clemens first approached him about using steroids and human growth hormone after a party at slugger Jose Canseco's Miami home in 1998. Clemens' lawyers have gone after McNamee's credibility on this, offering proof that Clemens was in fact not at that party. McNamee says he saw him there.

Again, the party in and of itself is not a very consequential detail. But since it goes to McNamee's credibility, Clemens' lawyers have been hammering on it. And during Rep. Henry Waxman's (D-CA) questions, Waxman revealed that when Waxman's committee inquired after the name of Clemens' nanny at the time who was supposedly at this party, Clemens' lawyers immediately tracked her down and interviewed her at Clemens' home. The nanny would supposedly be a key witness on this ultimately inconsequential detail.

Waxman didn't allege anything exactly, but it was clear from his questions that he was hinting that Clemens' lawyers had wanted to get to the nanny first in order to make sure she remembered things "correctly." Clemens' lawyers were enraged, Hardin at one point shouting in response to one of Waxman's questions about whose idea that was, "It was my idea! It was my idea to investigate what witnesses know, just like any other lawyer in the free world does!"

Transcript of the exchange is below.

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MLB Steroids Scandal

Clemens Makes Bid for Golden Duke Award

Paul Kiel | February 13, 2008, 12:25PM

It's a nightmare scenario for a witness. When Roger Clemens went to testify this morning before the House oversight committee, lawmakers, armed with testimony from two other witnesses, tried to spring what they could on him to catch him in a lie.

Sitting at the same table -- on the other side of an investigator on the Mitchell Report on steroids in baseball -- was Brian McNamee, Clemens' former trainer, who has said under oath and said again today that he injected Clemens with steroids and human growth hormone (HGH) a number of times.

And in the first round of questions, Rep. Elijah Cummings (D-MD) came at Clemens with a second line of attack: Clemens' friend and former teammate Andy Pettite had told the committee under oath that he'd had a couple conversations with Clemens and one key conversation in particular where Clemens had told him that he'd taken HGH. Ouch. You can see video here:

Clemens denies it all. He's already called McNamee a liar and launched a lawsuit against him. As for Pettite, Clemens said that he must be "misremembering," and said that the conversation was really about "a TV show, something that I've heard about three older men that were using HGH and getting back their quality of life from that." Cummings kept producing more details from Pettite's testimony and Clemens kept claiming that Pettite had misremembered. The denials culminated in this memorably tangled answer:

"Once again, Mr. Congressman, I think he misremembers the conversation that we had. Andy and I's relationship was close enough to know that if I would have known that he had done HGH, which I now know, if he was knowingly knowing that I had taken HGH, we would have talked about the subject. He'd have come to me to ask me about the effects of it."

So should Clemens be up for Best Testimonial Trainwreck in 2008?

A transcript of the exchange is below.

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