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January 7, 2008
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Clemens Invited To Testify, Files Defamation Suit

U.S. House Committee Invites Clemens,
Pettitte To Testify On Capitol Hill
Free agent P Roger Clemens and former Yankees strength coach Brian McNamee, who told Mitchell investigators that he injected Clemens with steroids, have been “asked to testify under oath” before the U.S. House Committee on Oversight & Government Reform January 16, according to Duff Wilson of the N.Y. TIMES. Lawyers for Clemens and McNamee said that they “intended to accept the invitations.” Committee Chair Henry Waxman’s (D-CA) Chief of Staff Philip Schiliro said that the hearing would “focus on the contradictory accounts of Clemens and McNamee.” Yankees P Andy Pettitte, former MLBer Chuck Knoblauch and former Mets clubhouse attendant Kirk Radomski are also being called to testify.  Asked whether any of the five men the committee has asked to testify would be subpoenaed, Schiliro said, “We’re inviting them now. So we’ll take it one step at a time.” But he added, “I think they’ll all come voluntarily.” Richard Emery, one of McNamee’s lawyers, said that the hearing will “affect the timing of his and McNamee’s decision about suing Clemens for defamation.” The committee’s previously scheduled hearing on January 15 to “take testimony about the Mitchell report” from Mitchell, MLB Commissioner Bud Selig and MLBPA Exec Dir Donald Fehr will still take place (N.Y. TIMES, 1/5). Schiliro said Pettitte and Knoblauch were invited to testify in order "to try to assess the accuracy of the information [in the Mitchell Report]” (WASHINGTON POST, 1/5). In N.Y., Red & O’Keeffe note McNamee and Radomski “should be able to speak freely and without fear of prosecution” when they appear before the committee. Committee aides and Department of Justice officials are “still trying to determine if McNamee will be immune from prosecution.” Sources said that Radomski “would not likely face any charges stemming from his congressional testimony as long as he is honest” (N.Y. DAILY NEWS, 1/6).

TAKING THE HILL: Clemens indicated that he “will accept the invitation to appear before Congress” on January 16.  However, in Houston, Barron & Flood report Clemens’ lawyer Rusty Hardin is “currently in trial and wants to accompany Clemens to the hearing, so the date may be in question.” Clemens said, “I hope I get a chance to say a lot of things to them in my opening statement, and then I’m going to answer questions. That’s all I can do” (HOUSTON CHRONICLE, 1/7).  During his interview of Clemens on "60 Minutes" yesterday, CBS' Mike Wallace asked, "If you were to testify before Congress under oath, would you tell 'em exactly what you told me [that he denies ever using steroids or HGH]?" Clemens, who said earlier in the interview that he was concerned with the amount of Vioxx -- an anti-inflammatory and pain killer that was taken off the market in '04 for causing heart attacks and strokes -- he took during his career,  responded, "And even probably more about the Vioxx question."  Read more on Clemens' "60 Minutes" appearance (CBS, 1/6).  St. Louis Post-Dispatch columnist Bryan Burwell on Sunday morning said watching Clemens testify before Congress “is going to be a whole lot more fun than watching him handle marshmallows from the old second-hand lion Mike Wallace” (“The Sports Reporters,” ESPN, 1/6).

CLEMENS FILES SUIT: In Houston, Flood & Barron report Clemens filed a defamation lawsuit Sunday night claiming that McNamee was “threatened with jail if he didn’t connect the pitcher to steroids.” The lawsuit, filed previous to CBS’ airing of Clemens’ “60 Minutes” interview, “doesn’t request a specific dollar amount.” Hardin said that the suit was filed “not to get money, but to clear Clemens’ name and discover how the allegations against Clemens came about.” The lawsuit states McNamee “made the allegations with actual malice, knowing they were false” (HOUSTON CHRONICLE, 1/7).

NOVITZKY: On Long Island, David Lennon reported it “now seems [Clemens] has attracted the unwanted attention” of IRS special agent Jeff Novitzky, who was “responsible for the indictment of Barry Bonds in November.” A source said that Novitzky has “turned his focus toward Clemens in the wake of the verbal sparring between Clemens and McNamee” (NEWSDAY, 1/5).

Hearst Corp. Seeking Explanation From
Government On Sharing Information With Mitchell
MITCHELL NAMES: Hearst Corp. lawyers filed a brief Friday “asking the federal government to explain why it shared what it had deemed secret information with [Mitchell].” Hearst said that the government “may have violated its own sealing order when it gave [Mitchell] permission to publish the names of players accused of using performance-enhancing drugs, and challenged the sincerity of the government’s claim that continued sealing of the names was crucial to its ongoing investigation.” The company “contends the names Mitchell received and released to the public on Dec. 21 were the same names in an affidavit produced by [Novitzky]” (N.Y. DAILY NEWS, 1/5).

REAX: In Houston, Richard Justice writes, “If Congress really cared about steroids, it would have passed meaningful legislation years ago. This latest round of hearings isn’t about doing anything. … It was only a matter of time before Congress saw an opportunity for some potentially great television” (HOUSTON CHRONICLE, 1/7). ESPN.com’s Howard Bryant said of asking Clemens and others to testify before Congress, “When you look at that guest list, I don’t see any executives. I don’t see any GMs. I think we need to hear from them too” (“The Sports Reporters,” ESPN, 1/6).  In Dallas, Evan Grant writes, "Baseball, Congress and 60 Minutes need to spend more time coming up with solutions than figuring out who was injecting whom at a point when there were no penalties and no testing procedures" (DALLAS MORNING NEWS, 1/7).


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