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Wednesday, February 13, 2008

ESPN - Blogs - Congressional Hearings Blog

And here we go: Jayson Stark liveblogs Clemens vs McNamee round 2.

Edit: Live Video: Congress Hears Clemens and McNamee

I Left My Heart In Ben Francisco Posted: February 13, 2008 at 11:01 AM | 148 comment(s)
  Related News: Steroids

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   1. Toolsy McClutch Posted: February 13, 2008 at 12:58 PM (#2689941)
Blogging at it's best?
   2. Toolsy McClutch Posted: February 13, 2008 at 01:08 PM (#2689956)
Rep. Davis: "Mr. Clemens, do you recall bleeding through your pants in 2001?"

Clemens: "I do not."


Welp, that clears Clemens. Who doesn't remember bleeding through their pants? I tore my pants bowling what I was 8, and I still remember the pain and humiliation. And I didn't have to carry around bandaids for years afterwards.
   3. Joey B. Posted: February 13, 2008 at 01:10 PM (#2689961)
I've got my popcorn ready, here we go!

Admittedly, it's unlikely that this ends with Clemens getting frog-marched out of Congress in handcuffs, but I can always hope.
   4. David Nieporent Posted: February 13, 2008 at 01:30 PM (#2689990)
Admittedly, it's unlikely that this ends with Clemens getting frog-marched out of Congress in handcuffs, but I can always hope.
See, that I don't get. I can't see how any actual baseball fan would want these allegations to be true.
   5. E., Hinske Posted: February 13, 2008 at 01:34 PM (#2690000)
"A colleague of mine wants to know what uniform you will wear into the Hall of Fame?"

HARDBALL!
   6. E., Hinske Posted: February 13, 2008 at 01:35 PM (#2690003)
McNamee couches a lot of his answers about stuff that third parties might say something different with qualifiers like "pretty sure".
   7. Andy H. Posted: February 13, 2008 at 01:36 PM (#2690004)
I can't keep up with the TV broadcast - anywhere you can get a transcript of the questions and answers?
   8. Joe C isn't Posted: February 13, 2008 at 01:36 PM (#2690005)
Admittedly, it's unlikely that this ends with Clemens getting frog-marched out of Congress in handcuffs, but I can always hope.

What about McNamee? How would you feel about that? Are you just in it to get the steroid "evildoers", or are you in it for a show?
   9. Declino DeShields Posted: February 13, 2008 at 01:40 PM (#2690011)
I can't see how any actual baseball fan would want these allegations to be true.


No True Scotsman?

Anyway, I can sort of relate. Clemens did pitch for the Yankees. They're all filthy scumbags, the whole lot o' them.

(Except maybe Jeff Nelson. I like my middle relievers freaky tall and butt-ugly, just like Jon Rauch.)
   10. Sometimes it Rains (sj) Posted: February 13, 2008 at 01:54 PM (#2690039)
I don't get that, Jeff Nelson is probably the most unlikable of those late 90s Yanks
   11. Toolsy McClutch Posted: February 13, 2008 at 01:57 PM (#2690045)
I think the one thing that's clear is that Clemens was better prepped than his accuser. It's almost like McNamee is suprised he's being asked things.

Maybe he was hoping they'd cancel the whole thing and just throw him a huge parade and award him use of Debbie Clemens for a night.
   12. Joey B. Posted: February 13, 2008 at 02:06 PM (#2690060)
I can't see how any actual baseball fan would want these allegations to be true.

I love the game of baseball, and I hate what has happened to the game in recent years. I remember in my youth we used to be a country that would laugh at people like the Russians and the East Germans for sporting such a bunch of 'roided up freaks at the Olympics. Funny TV commercials were even made lampooning this very thing. Now, we have become what we used to despise.

But in my opinion, loving the game should never be taken to the level where we worship the athletes to a degree that is disproportional and unhealthy. Because it should be obvious to anyone who has followed sports seriously over the last 10-20 years that not only are most of these guys emphatically not heroes, a lot of them are just outright bad guys. And I'm sorry, but I just don't like guys who think they're better than the rest of us, lie to our faces, insult our intelligence, and break the law.
   13. Randy Jones Posted: February 13, 2008 at 02:07 PM (#2690062)
And I'm sorry, but I just don't like guys who think they're better than the rest of us, lie to our faces, insult our intelligence, and break the law.

Wait, didn't you support Bush?
   14. David Nieporent Posted: February 13, 2008 at 02:15 PM (#2690075)
Wait, didn't you support Bush?
Even worse, he supports Kevin.
   15. Fred Garvin, Male Prostitute Posted: February 13, 2008 at 02:15 PM (#2690077)
--I can't see how any actual baseball fan would want these allegations to be true.

But in my opinion, loving the game should never be taken to the level where we worship the athletes to a degree that is disproportional and unhealthy. Because it should be obvious to anyone who has followed sports seriously over the last 10-20 years that not only are most of these guys emphatically not heroes, a lot of them are just outright bad guys. And I'm sorry, but I just don't like guys who think they're better than the rest of us, lie to our faces, insult our intelligence, and break the law


I don't think these positions are necessarily inconsistent.
   16. Declino DeShields Posted: February 13, 2008 at 02:17 PM (#2690080)
I don't get that, Jeff Nelson is probably the most unlikable of those late 90s Yanks


I provided my statement of reasons.
   17. Baseballing powerhouse Crispix Attacks Posted: February 13, 2008 at 02:21 PM (#2690090)
Jeff Nelson is probably the most unlikable of those late 90s Yanks

Let me introduce you to my good friend Chad Curtis.
   18. Declino DeShields Posted: February 13, 2008 at 02:24 PM (#2690097)
Chad Curtis used to do that all-out dive thing on long throws from the outfield. That was likeable, sorta. I'd also add Bernie Williams to the list; he and Wayman Tisdale should've done a record together.

On-topic, Stark's blog is great. I love the entry about Rep. Mica and the colors of the Crayola spectrum.
   19. Joey B. Posted: February 13, 2008 at 02:29 PM (#2690114)
On-topic, Stark's blog is great.

I'll second that, he is doing a great job.

And from what's in the blog, it sure looks like Clemens has screwed himself over, big time. He's going to need more lawyers, and I'd recommend better ones than this guy Hardin, because he sucks.
   20. billyshears Posted: February 13, 2008 at 02:36 PM (#2690132)
I suppose that it is theoretically possible that Clemens didn't use steroids, but is what he is doing really a better approach that saying, "I used steroids. It was a mistake. I'm sorry. Here's a bunch of money for some random anti-drug charity."
   21. Declino DeShields Posted: February 13, 2008 at 02:42 PM (#2690148)
And from what's in the blog, it sure looks like Clemens has screwed himself over, big time.


I can't say I'm following this with great attention to detail, but I'm not sure how accurate this claim really is. Clemens seems to have multiple sympathetic ears on this committee. (Granted, its chairman is not among them.) The nightly news and sports radio now have both anti-Clemens and anti-McNamee (and, in a couple of bizarre instances, pro-Clemens) clips to play. So the perception will be mixed, which is likely a win of some sort for Clemens.
   22. Bicycle RepairMan Posted: February 13, 2008 at 02:45 PM (#2690162)
These suck up senators are irritating me.
If this was India, I would suspect significant bribing!
   23. David Nieporent Posted: February 13, 2008 at 02:49 PM (#2690170)
And from what's in the blog, it sure looks like Clemens has screwed himself over, big time. He's going to need more lawyers, and I'd recommend better ones than this guy Hardin, because he sucks.
Perhaps you're unaware, but in a criminal trial, (a) the prosecution doesn't get to stack the jury with people who say, "He's guilty. Now let me see the evidence of that," and (b) the defense gets to cross-examine witnesses. You'd be surprised how much easier it is to prove a case when the other side isn't allowed to challenge it.

Clemens isn't going to win his civil suit, barring some new revelations, but that doesn't put him any worse off than he was before. He's certainly not going to be criminally convicted based on this traveshamockery.
   24. Declino DeShields Posted: February 13, 2008 at 02:53 PM (#2690181)
Clemens isn't going to win his civil suit, barring some new revelations, but that doesn't put him any worse off than he was before.


Exactly. And unless and until some enterprising journo writes "Game of Shadows II: Nothing Butt the Truth," Clemens hasn't reached Bondsian status in the public eye, since Clemens' primary accuser is a seedy little mole from the Correspondence College of Tampa as opposed to the Game of Shadows guys and all that.
   25. NotLikely20 Posted: February 13, 2008 at 03:05 PM (#2690208)
Welcome to Pete Rose-ville Roger, there is no reason for you to continue with this ridiculous lie at this point. Pettite erased all doubt...

If you simply act like a man, you still have a chance to salvage your rep...

Some of these congressmen should be ashamed as well...

EDIT: Oops, he actually has no choice but to continue with this charade, I guess he goes to jail if tells the fans what 99.9% already know thanks to Pettite...
   26. Joey B. Posted: February 13, 2008 at 03:10 PM (#2690220)
If you simply act like a man, you still have a chance to salvage your rep.

Not a chance in hell of that now, it's much too late.

Speaking of acting like a man, I can't imagine what his poor wife must be feeling like, now that he's hung her out to dry at the very same time he's desperately trying to save his own sorry ass. I'm guessing she is one pissed-off woman!
   27. Moe Greene Posted: February 13, 2008 at 03:12 PM (#2690229)
Why didn't Clemens refuse to testify in the first place? Even if he's telling the truth, if there's enough evidence from others against him that the hearing members don't believe him, they can still get him for perjury, right?
   28. David Nieporent Posted: February 13, 2008 at 03:17 PM (#2690242)
Why didn't Clemens refuse to testify in the first place?
Because they'd have subpoenaed him, in which case he'd either have to testify or take the fifth. And the latter would doom his reputation forever. (See McGwire, Mark -- and McGwire didn't even take the 5th, despite what some people think.)
Even if he's telling the truth, if there's enough evidence from others against him that the hearing members don't believe him, they can still get him for perjury, right?
Well, no. They can charge him with perjury; they can't "get him" for it, assuming by that you mean convict him, unless they can convince a jury beyond a reasonable doubt.
   29. Moscow Hiding In The Shadows Posted: February 13, 2008 at 03:33 PM (#2690278)
He's certainly not going to be criminally convicted based on this traveshamockery.

David, was Claire Boothe Luce your grandmother?
   30. Edmundo, survivor of 7 right-sourcings Posted: February 13, 2008 at 03:34 PM (#2690282)
"My mother in 1988 suggested I take B-12," Clemens said. "I always assumed it was a good thing, not a bad thing."
Mrs. Clemens should have her child taken away from her.

This strikes me as weak. As a MLer, he had access to doctors. Dontcha think you'd check with the doc? Questions like:
Hey Doc, what does B-12 do to you?
Is it even legal? (Hey, two BTF cliches in one post!)
Is is allowed?

You know, questions found in the "Idiots Guide to Being a Major Leaguer".
   31. Rich Posted: February 13, 2008 at 03:43 PM (#2690311)
Everyone's memory is faulty but Clemens's. Life is so unfair.
   32. NotLikely20 Posted: February 13, 2008 at 03:59 PM (#2690345)
So, Clemens attempts to bribe the nanny, and is shut down. I guess he didn't give the nanny as much as he gave the Congressman from Indiana...
   33. Rich Posted: February 13, 2008 at 04:08 PM (#2690362)
So, Clemens attempts to bribe the nanny, and is shut down. I guess he didn't give the nanny as much as he gave the Congressman from Indiana...

Dan Burton is a clown. The other Congressman from Indiana, Mark Souder, did a very good job.
   34. Moscow Hiding In The Shadows Posted: February 13, 2008 at 04:10 PM (#2690365)
Dan Burton is a clown. The other Congressman from Indiana, Mark Souder, did a very good job.

I agree, and it shows that not all Republican congressmen from Indiana are flaming idiots.
   35. Joey B. Posted: February 13, 2008 at 04:11 PM (#2690367)
Man, that little bit of rubbish from Clemens about "I would have cooperated with the Mitchell investigation, if only they would come and tracked me down personally, because I'm the easiest guy to find in the world" is about one of the most laughable things I've ever heard in my life. This cat just keeps digging himself in deeper and deeper.
   36. David Nieporent Posted: February 13, 2008 at 04:26 PM (#2690388)
Mark Souder is a clown. The other Congressman from Indiana, Dan Burton, did a very good job. Souder is a lunatic drug warrior, responsible for such brilliant government policies as denying student loans to high schoolers who smoked pot.
   37. Rich Posted: February 13, 2008 at 04:47 PM (#2690415)
...Dan Burton, did a very good job.

In what way? He decried trial by media, yet in 1993, he alerted the media to his bizarre stunt of shooting into a melon in his backyard to prove that Clinton killed Vince Foster.
   38. Andy H. Posted: February 13, 2008 at 04:55 PM (#2690426)
In what way? He decried trial by media, yet in 1993, he alerted the media to his bizarre stunt of shooting into a melon in his backyard to prove that Clinton killed Vince Foster.


What's that got to do with whether he did a good job today?
   39. Rich Posted: February 13, 2008 at 05:12 PM (#2690450)
What's that got to do with whether he did a good job today?

It goes to credibility and bias. IMO, his career demonstrates that he lacks the former and is steeped in the latter, and today's performance was yet one more indication of that.
   40. I Left My Heart In Ben Francisco Posted: February 13, 2008 at 05:15 PM (#2690454)
Stark's closing post is a good one:

[Clemens] hasn't heard the last of this, obviously. Far from it. How can there NOT be an investigation now into whether he perjured himself? How can a grand jury NOT consider whether to indict him? How can his pal Andy Pettitte NOT be called back to somebody's witness stand to expound upon all this further?

But he had a better day than most of us probably suspected he would. And in a case in which there still doesn't appear to be a whole lot of physical evidence -- other than an old syringe, stuffed in a Lite Beer can -- he just might be able to sell his story in a court of law.

Whether he can sell it in the court of public opinion, though, is a whole 'nother story.
   41. David Nieporent Posted: February 13, 2008 at 05:20 PM (#2690458)
How can there NOT be an investigation now into whether he perjured himself? How can a grand jury NOT consider whether to indict him?
The issue here is whether he lied to Congress. While the DoJ can do what it wants, it virtually never sua sponte launches a perjury prosecution in response to lying to Congress. It waits for Congress to refer the case to it. So we'll have to see what Congress does. Davis/Waxman were asked at the posthearing press conference whether they would do so, and they were noncommital.
   42. David Nieporent Posted: February 13, 2008 at 05:20 PM (#2690460)
It goes to credibility
Credibility about what? He wasn't testifying.
   43. Rich Posted: February 13, 2008 at 05:31 PM (#2690471)
Credibility about what? He wasn't testifying.

The hearing was intended, at least theoretically, to be a fact finding process. Burton's questions did nothing to shed any new light on the topic. Instead, he appeared to have an agenda to act as Clemens's defense attorney. That impacts the credibility of everything he said.
   44. I Left My Heart In Ben Francisco Posted: February 13, 2008 at 05:35 PM (#2690477)
And there wasn't anyone on the panel acting as McNamee's defense attorney?
   45. Hugh Jorgan Posted: February 13, 2008 at 05:52 PM (#2690493)
Let me ask a question from a baseball nut, but non-American....

Why is congress even involved with this stuff? Don't they have more pressing issues to deal with? I'm not belitting the importance of baseball, but geez you'd reckon the government of the most influential democracy on the planet would have its hands full with some other stuff?
   46. Fat Al Posted: February 13, 2008 at 05:55 PM (#2690495)
Let me ask a question from a baseball nut, but non-American....

Why is congress even involved with this stuff? Don't they have more pressing issues to deal with? I'm not belitting the importance of baseball, but geez you'd reckon the government of the most influential democracy on the planet would have its hands full with some other stuff?


Lots of Americans are asking the very same question. Of course, asking why Congress does anything is pretty much useless.
   47. kevin Posted: February 13, 2008 at 06:04 PM (#2690499)
Why is congress even involved with this stuff?


It's their job.
   48. David Nieporent Posted: February 13, 2008 at 06:05 PM (#2690501)
The hearing was intended, at least theoretically, to be a fact finding process.
I don't know what it was intended to be, theoretically. I don't see how this format is conducive to fact-finding.
Burton's questions did nothing to shed any new light on the topic.
The questions aren't supposed to. The answers are.
Instead, he appeared to have an agenda to act as Clemens's defense attorney. That impacts the credibility of everything he said.
Again, he didn't "say" anything. Only a person asserting a fact can have credibility or not. If he were acting as Clemens' defense attorney -- and he certainly was no more doing that than Waxman/Cummings were acting as prosecutors -- then that just makes my point. First thing they tell a jury is that questions or statements by the lawyers aren't evidence. Only what the witness says is evidence.
   49. kevin Posted: February 13, 2008 at 06:06 PM (#2690503)
It waits for Congress to refer the case to it. So we'll have to see what Congress does.


The comments by Cummings after the hearing sure sounded like it was going to be referred to the DoJ.
   50. kevin Posted: February 13, 2008 at 06:08 PM (#2690505)
Again, he didn't "say" anything.


Actually he did. he kept saying that nothing Mcnamee said had any credibility. That's saying something.
   51. David Nieporent Posted: February 13, 2008 at 06:10 PM (#2690507)
It's their job.
Kevin had a very Special Education.

Unfortunately, he was sick the day they taught social studies in social studies.
   52. Sometimes it Rains (sj) Posted: February 13, 2008 at 06:11 PM (#2690508)
Instead, he appeared to have an agenda to act as Clemens's defense attorney.

McNamee had a few elected officials in his pocket as well. (I am super duper sorry we called you a drug dealer even though you admitted dealing drugs, Mr. McNamee) Waxler was just as shameful as anyone on that committee.

Since he kept bringing up his former police assignment, was he ever asked why he left the force?
   53. David Nieporent Posted: February 13, 2008 at 06:12 PM (#2690509)
Actually he did. he kept saying that nothing Mcnamee said had any credibility. That's saying something.
That wouldn't be for him to decide whether he was Charles Manson or Gandhi. That's just his opinion, which is irrelevant to anything.


The comments by Cummings after the hearing sure sounded like it was going to be referred to the DoJ.
Cummings doesn't get to unilaterally decide. The committee does.
   54. Chip Posted: February 13, 2008 at 06:17 PM (#2690512)
Cummings doesn't get to unilaterally decide. The committee does.


Waxman as the chair, and Davis as the ranking Republican, would probably have to sign off on any perjury referral, and they both shied away from it in their initial post-hearing press conference. I think Davis even said at one point in answer to a reporter's question that just because there are conflicting stories doesn't mean there's perjury.
   55. Sometimes it Rains (sj) Posted: February 13, 2008 at 06:18 PM (#2690513)
   56. Hugh Jorgan Posted: February 13, 2008 at 06:19 PM (#2690516)
It's their job.

Please explain? My basic understanding is that congress should be enacting laws which govern the country as a whole...like women can vote, shooting your neighbor is against the law etc.

Hearings about trying to find out whether there was PED usage in baseball seems extreme. I can see them enacting laws against the usage of PED's by the citizens as a whole, but specifically targeting baseball seems quite narrow in its approach.

I'm not trying to be narky or snide, I just like to understand.
   57. kevin Posted: February 13, 2008 at 06:20 PM (#2690517)
Cummings doesn't get to unilaterally decide. The committee does.


Waxman was sympathetic to Cummings position and he's the chairman so I'm assuming that's what's going down.
   58. fear and loathing in birdlives Posted: February 13, 2008 at 06:24 PM (#2690520)
From a previous thread.

http://www.baseballthinkfactory.org/files/newsstand/discussion/ny_times_pettitte_asks_to_be_excused_from_hearing_rr/

Rich Rifkin:"Pettitte asked out of public testimony because he did not want to say something to hurt his friend and former teammate while in the glare of national television coverage."

That is quite clear: Pettitte's testimony is hurtful to Clemens.


David Nieporent: That is quite clear: Pettitte's testimony is hurtful to Clemens.
This is the same insane troll logic (tm) that people use to try to excuse McNamee. He already testified. If he was worried about hurting Clemens, it's too late for that. That simply can't be the reason.


So why didn't Pettitte testify today? Clarification please.
   59. kevin Posted: February 13, 2008 at 06:26 PM (#2690521)
Please explain? My basic understanding is that congress should be enacting laws which govern the country as a whole


They have oversight authority on interstate commerce issues. Massive fraud and illegal drug activity in MLB would fall under that category.
   60. aleskel Posted: February 13, 2008 at 06:27 PM (#2690523)
Hearings about trying to find out whether there was PED usage in baseball seems extreme. I can see them enacting laws against the usage of PED's by the citizens as a whole, but specifically targeting baseball seems quite narrow in its approach.

It has to do with baseball's anti-trust exemption, from what I've been led to believe. Because Congress granted the exemption and can revoke it at any time for any reason if it sees fit, it more or less gives them license to look into all of MLB's operations.

Then again, I'm no law-talking guy, so maybe someone else has a better answer.
   61. Hugh Jorgan Posted: February 13, 2008 at 06:31 PM (#2690525)
They have oversight authority on interstate commerce issues. Massive fraud and illegal drug activity in MLB would fall under that category

It has to do with baseball's anti-trust exemption, from what I've been led to believe. Because Congress granted the exemption and can revoke it at any time for any reason if it sees fit, it more or less gives them license to look into all of MLB's operations.

Thanks heaps, that makes sense.

Still, its a sad day for baseball on the whole. Gee, Bonds has been quiet the past few weeks. With Clemens being so high profile right now he seems to have been forgotten(well almost) in all this mess.
   62. fear and loathing in birdlives Posted: February 13, 2008 at 06:35 PM (#2690528)
Then again, I'm no law-talking guy, so maybe someone else has a better answer.

There was already an extremely long debate on this issue.

http://www.baseballthinkfactory.org/files/newsstand/discussion/ny_times_congress_calls_clemens_and_trainer_to_testify_rr/
   63. Los Angeles Waterloo of Black Hawk Posted: February 13, 2008 at 06:37 PM (#2690530)
Why is congress even involved with this stuff?

To get on TV.

Don't they have more pressing issues to deal with?

Yes.

I'm not belitting the importance of baseball, but geez you'd reckon the government of the most influential democracy on the planet would have its hands full with some other stuff?

I actually don't have enough confidence in our government to reckon that.
   64. Hugh Jorgan Posted: February 13, 2008 at 06:42 PM (#2690531)
I actually don't have enough confidence in our government to reckon that.

Geez mate, that's pretty harsh.

Great thing about a democracy though is that you get to pick a new group soon, who knows maybe the next group will be better(hopefully wishes the rest of the world....)
   65. kevin Posted: February 13, 2008 at 06:43 PM (#2690532)
Geez mate, that's pretty harsh.


More like it's pretty cynical. And out of touch with how the government actually works.
   66. Hugh Jorgan Posted: February 13, 2008 at 06:48 PM (#2690536)
More like it's pretty cynical. And out of touch with how the government actually works

Its easy to be cynical though as from my standpoint the terms government and works together is an oxymoron. With hugh trade and fiscal debts and an economy that will get worse before it improves, its easy to be negative.
But hey, the yanks(not the baseball team) always pull out of the sh*t eventually.
   67. SugarBear Blanks Posted: February 13, 2008 at 06:52 PM (#2690540)
See, that I don't get. I can't see how any actual baseball fan would want these allegations to be true.

Because you can be a fan of the sport and the competition and the atmosphere and the history and the stories and the things that are written about it and box scores and all the rest, and at the same time be of perfectly sound mind regarding the people who happen to play the game at any particular time.

Roger Clemens cheating and lying about it has essentially no effect on any of baseball's underlying appeal. Personally, I've never cared for him and part of baseball's appeal is liking some guys and not liking others.
   68. nycfan Posted: February 13, 2008 at 06:54 PM (#2690541)
you'd reckon the government of the most influential democracy on the planet would have its hands full with some other stuff?


Well, to be fair the Senate just yesterday passed a law that gives the president authority to conduct wiretaps without any judicial oversight.
   69. The Polish Sausage Racer Posted: February 13, 2008 at 06:55 PM (#2690542)
I have the perfect title for the inevitable book: Palpable Masses and Blood-Dripping Asses
   70. Rich Posted: February 13, 2008 at 06:56 PM (#2690544)
I don't know what it was intended to be, theoretically. I don't see how this format is conducive to fact-finding.


They asked questions based on depositions, affidavits, and extrinsic evidence to adduce facts, i.e., fact finding.

The questions aren't supposed to. The answers are.


Incisive, fact based questions are necessary for answers to shed any light.

Again, he didn't "say" anything. Only a person asserting a fact can have credibility or not. If he were acting as Clemens' defense attorney -- and he certainly was no more doing that than Waxman/Cummings were acting as prosecutors -- then that just makes my point. First thing they tell a jury is that questions or statements by the lawyers aren't evidence. Only what the witness says is evidence.


Burton used McNamee's quotes from newspaper interviews (without identifying them as such) rather than those made under oath in an attempt to undermine his credibility. The effect was to undermine his own.

Waxman/Cummings introduced actual facts, e.g., the statement from the nanny who remembered Clemens being at Canseco's party, and his wife and kids sleeping at Canseco's home that night (as well as the fact that Clemens recently met with her, which at the very least raises appearance of impropriety problems and at worst witness tampering); the statement from the impartial medical expert who believed that the abscess could have been caused by steroids; the statements from Petttitte, and contemporaneous corroboration from Pettitte's wife, that contradicted Clemens's denials about PED use. That's wholly different from anything that Burton asked.

It's not Waxman/Cummings fault that the facts they introduced transformed the situation from a "he said, he said" to a "he said, they said."

I think the trial analogy is inapt, but juries assess the credibility of parties, witnesses, and attorneys.
   71. Hugh Jorgan Posted: February 13, 2008 at 06:56 PM (#2690545)
Well, to be fair the Senate just yesterday passed a law that gives the president authority to conduct wiretaps without any judicial oversight.

Did they burn the constitution and bill of rights in one go? Isn't this similar to the patriot act, which was also unconstitutional? I reckon James Madison and Thomas Jefferson would be rolling over in their graves over this stuff.
   72. Monty Posted: February 13, 2008 at 06:58 PM (#2690546)
How can there NOT be an investigation now into whether he perjured himself? How can a grand jury NOT consider whether to indict him?


I think at least some of the committee has to be considering the option of throwing up their hands, giving up, and issuing a statement that says "We think Canseco, Clemens, and McNamee, are all liars to one degree or another."
   73. kevin Posted: February 13, 2008 at 07:03 PM (#2690547)
With hugh trade and fiscal debts and an economy that will get worse before it improves, its easy to be negative.


In the nineties, we had fiscal surpluses and a thriving economy. We had a goverment in the nineties too. Let's not blame the government ofr everything.
   74. Hugh Jorgan Posted: February 13, 2008 at 07:09 PM (#2690549)
In the nineties, we had fiscal surpluses and a thriving economy. We had a goverment in the nineties too. Let's not blame the government ofr everything.

And if you had included the rest of my post, I did say that you yanks always pull out the sh*t eventually. I have no doubt that things go in troughs and peaks, but to totally absolve this administration from running up huge fiscal debts is plain wrong.
   75. kevin Posted: February 13, 2008 at 07:11 PM (#2690550)
Hugh, if you want to blame someone, blame the Bush administration. He has veto power on the budget. If he didn't want to run deficits, we wouldn't have deficits. Clinton didn't want to run deficits and we had surpluses.
   76. nycfan Posted: February 13, 2008 at 07:13 PM (#2690552)
Did they burn the constitution and bill of rights in one go? Isn't this similar to the patriot act, which was also unconstitutional


It all boils down to judicial interpretation of the constitution. Even if something does violate the bill of rights, it can still be allowed if Judges determine it represents a "Compelling government interest" and is "narrowly tailored" to suit that interest. As for the Patriot Act, i would argue that some aspects were unconstitutional (National Security Letters, for example), but the majority of the provisions were fine. Many of them were just making inter-agency cooperation easier.
   77. kevin Posted: February 13, 2008 at 07:21 PM (#2690553)
I have no doubt that things go in troughs and peaks, but to totally absolve this administration from running up huge fiscal debts is plain wrong.


Hugh, maybe you don't understand something. The Bush administration had nothing to do with the hearings today. The decision to have today's hearings was made by Congress, which is separate from the the executive branch and has separate powers and responsibilities.
   78. sunnyday2 Posted: February 13, 2008 at 07:22 PM (#2690555)
There's a poll at Yahoo Sports. 39 percent think McNamee is lying, 19 percent think Clemens is lying. The rest think both are lying, whatever the hell that means. (If they're both lying, then Clemens did steroids and McNamee did...what?)

I guess I don't see what McNamee gains by lying. Anybody see anything that Clemens could possibly stand to gain by lying?

As for Mr. Burton, where the hell was McNamee's attorney? I kept expecting the transcript to say: "Objection. Badgering the witness!"
   79. Hugh Jorgan Posted: February 13, 2008 at 07:23 PM (#2690556)
Kevin, I don't mean to sound snide, so if I came across like that, sorry mate. You are right, the Bush administration is most culpable regarding the debt...which is a massive issue that will need to be dealt with.

NYCfan, thanks for the clarification, my understanding of constitutional law would be best described as basic.
   80. kevin Posted: February 13, 2008 at 07:26 PM (#2690558)
Kevin, I don't mean to sound snide, so if I came across like that, sorry mate.


Not to worry. Mate.
   81. Hugh Jorgan Posted: February 13, 2008 at 07:30 PM (#2690560)
The Bush administration had nothing to do with the hearings today. The decision to have today's hearings was made by Congress, which is separate from the the executive branch and has separate powers and responsibilities

Nah mate, I get that and know the branches are seperate. Somehow we got into a cross discussion between Congress, debt, Bush and everything U.S. government, including illegal(whoops, now legal) wiretapping.

BTW, sunnyday2, I think Clemens is lying through his big, fat roided up head. No proof here, all personal opinion.
   82. scareduck Posted: February 13, 2008 at 07:31 PM (#2690561)
The day after the Senate passes telecom amnesty so that lawbreaking telco executives can get off the hook (so to speak), this.

Sometimes it amazes me that Congress can be both craven and power-mad all at once.
   83. sunnyday2 Posted: February 13, 2008 at 07:32 PM (#2690562)
2 other things.

1. Congress does indeed pass laws and stuff. In a perfect world, the laws would be based on a real understanding of the problem they're trying to solve. Hearings are a valid way to get a better understanding of the problem, and of whether there is indeed a legislative solution that might have merit.

2. The larger problem is not that MLB players use steroids, it is that millions of kids have used or are using steroids. Hopefully that's the issue Congress is focused on. Don't know if it is or not, hope it is. But getting MLB cleaned up is a legit means toward that end.

So I think the hearings are perfectly legitimate in any theoretical sense.

The question is whether this particular Congress (these particular Congressmen and women) at this particular time are capable to doing more good than harm out of it. That would be the question to focus on rather than whether these hearings make theoretical sense (which they do). Frankly, Burton's attitude would cause me personally pessimistic on that score. He seemed more interested in scoring debate points than getting at the truth. I mean, I think his mind was made up when, let's be honest, none of us knows right now what the hell happened between McNamee and Clemens.

If that sounds like I'm arguing both sides of the issue, well, you know, whatever. Seriously, it makes sense for Congress to hold these hearings, but there's every chance they could screw it up, that's all.
   84. scareduck Posted: February 13, 2008 at 07:36 PM (#2690563)
It all boils down to judicial interpretation of the constitution.

Since Antonin Scalia thinks the Constitution is mute on the subject of pain, we have (ahem) a rather tortured rendition of that document being read by the Supreme Court.
   85. spycake Posted: February 13, 2008 at 07:44 PM (#2690566)
One justification I think is sorely missing: there are a lot of public dollars flowing into MLB through stadium subsidies. It's only natural that the government would be concerned about widespread illegal activity throughout the league.

That doesn't necessarily justify these specific-player witch hunts, of course, but the general idea that government has no interest in MLB, or that their only interest should be "protecting the youth of America", is false, IMHO.
   86. Los Angeles Waterloo of Black Hawk Posted: February 13, 2008 at 08:28 PM (#2690578)
- Jeez mate, that's pretty harsh.

More like it's pretty cynical. And out of touch with how the government actually works.


I'm out of touch because I don't have a lot of confidence in my federal government? Okay.
   87. Dan Szymborski Posted: February 13, 2008 at 08:31 PM (#2690580)
One justification I think is sorely missing: there are a lot of public dollars flowing into MLB through stadium subsidies. It's only natural that the government would be concerned about widespread illegal activity throughout the league.

I don't see how that's justification at all - it enables government to use the public wallet to "buy out" people's freedoms. A lot of public dollars flow into roads, but that doesn't mean that the government can search anyone that drives on a public road, probable cause be damned. A lot of public dollars flow into subsidized student loans, but that doesn't mean that any person that had a Stafford loan that commits a crime signs away their rights against self-incrimination.

In any case, the public subsidy is given to the owners of these teams, not the players, so even if one accepts the line of reasoning, that's an argument to hold hearings on the illegal activities of owners that received the public subsidies, not the players.

All I ask is let law enforcement be law enforcement. If such-and-such player is using drugs and the police have probable cause, let them go through the standard procedures like they would if anyone is using drugs as long as those laws are on the books. Frankly, the danger that this could lead to legislation with chilling 4th amendment repercussions isn't worth this.
   88. Dan Szymborski Posted: February 13, 2008 at 08:42 PM (#2690583)
I'm out of touch because I don't have a lot of confidence in my federal government? Okay.

Have some respect - Kevin bravely fought for this country in order to give the government the power to take rights away from you.
   89. David Nieporent Posted: February 13, 2008 at 08:43 PM (#2690585)
They asked questions based on depositions, affidavits, and extrinsic evidence to adduce facts, i.e., fact finding.
If they had wanted to engage in fact finding, they would have had actual lawyers experienced in questioning witnesses handling the questioning. They wouldn't have rotated around the room with each Congresscritter getting 5 minutes to speechify. (Or, at least, they would have had the committee members stay awake so they didn't keep rehashing the same questions over again.) And they wouldn't have had Henry Waxman state at the beginning that he had already made up his mind that the MR was accurate.
   90. David Nieporent Posted: February 13, 2008 at 08:46 PM (#2690588)
So why didn't Pettitte testify today? Clarification please.
As they announced in advance: not because he didn't want to testify, but because they didn't want him to testify, because they didn't think he'd make a good witness. Reading his depo, I can see the problem: he doesn't back up McNamee enough, and he doesn't contradict Clemens enough, for them to crucify Clemens.
   91. David Nieporent Posted: February 13, 2008 at 08:47 PM (#2690589)
Waxman/Cummings introduced actual facts, e.g., the statement from the nanny who remembered Clemens being at Canseco's party,
A flat out lie. In fact, she didn't remember any party at all.
   92. Rich Posted: February 13, 2008 at 09:02 PM (#2690593)
A flat out lie. In fact, she didn't remember any party at all.


Cut the flat out lie ####, dude.

She believed that Clemens was there. If I am mistaken about the fact of a party, bfd.
   93. fear and loathing in birdlives Posted: February 13, 2008 at 09:03 PM (#2690594)
As they announced in advance: not because he didn't want to testify, but because they didn't want him to testify, because they didn't think he'd make a good witness.

Congress asked him to not testify... I thought Pettitte asked out, ah whatever.

he doesn't contradict Clemens enough,

From ESPN, "Pettitte told congressional lawyers that Clemens informed him nearly a decade ago he had used human growth hormone and said McNamee let him know in 2003 or 2004 that Clemens had used steroids."

Why didn't congress want this tidbit put forth for debate today with Pettitte present?
   94. Rich Posted: February 13, 2008 at 09:03 PM (#2690595)
If they had wanted to engage in fact finding, they would have had actual lawyers experienced in questioning witnesses handling the questioning. They wouldn't have rotated around the room with each Congresscritter getting 5 minutes to speechify. (Or, at least, they would have had the committee members stay awake so they didn't keep rehashing the same questions over again.) And they wouldn't have had Henry Waxman state at the beginning that he had already made up his mind that the MR was accurate


They don't need to meet some artificial standards set by you.
   95. Chip Posted: February 13, 2008 at 09:09 PM (#2690597)
They don't need to meet some artificial standards set by you.


That's not an artificial standard. It's common practice for congressional committees to let informed staffers conduct questioning, especially because most committee members themselves are rarely present for an entire hearing. They have other hearings on committees they belong to, they have votes, they have meetings with constituents, meetings with lobbyists, etc. All happening at the same time.

The only time it tends not to be common practice is when networks other than C-SPAN start carrying proceedings, as happened today. Because it's a rare opportunity for the members themselves to preen in front of a larger audience, so they wrest the questioning away from the professionals.
   96. Rich Posted: February 13, 2008 at 09:19 PM (#2690599)
That's not an artificial standard. It's common practice for congressional committees to let informed staffers conduct questioning, especially because most committee members themselves are rarely present for an entire hearing. They have other hearings on committees they belong to, they have votes, they have meetings with constituents, meetings with lobbyists, etc. All happening at the same time.


I have witnessed congressional committees in which Congressmen, who have had experience in, for example, criminal prosecutions, ask questions of witnesses. It is just not accurate to argue that the questioning must be done by staff in order to constitute fact finding.
   97. spycake Posted: February 13, 2008 at 09:25 PM (#2690601)
I don't see how that's justification at all - it enables government to use the public wallet to "buy out" people's freedoms.

Like I said, Dan, the "public stadium subsidies" thing doesn't really justify this kind of grandstanding superstar witch-hunt, but rather it justifies the general idea of government having an interest in the MLB business and its policies.

(Unless, of course, you concede the end result of this grandstanding superstar witch-hunt will probably be a change of policy for the MLB and MLBPA, but even I admit that's a terrible way to go about it, as the more immediate result will be a bastardization of justice and the massaging of some congressional egos.)
   98. Dan Szymborski Posted: February 13, 2008 at 09:34 PM (#2690605)
Like I said, Dan, the "public stadium subsidies" thing doesn't really justify this kind of grandstanding superstar witch-hunt, but rather it justifies the general idea of government having an interest in the MLB business and its policies.

Perhaps, but I'm more interested in the law enforcement branch of government being involved here (so long as the laws on drug use are on the books, I'm not a fan of them).

As I said, it's a good thing Congress has no reason to summon me because I'd end up being found in contempt of Congress pretty damn quickly.
   99. David Nieporent Posted: February 13, 2008 at 09:45 PM (#2690613)
I have witnessed congressional committees in which Congressmen, who have had experience in, for example, criminal prosecutions, ask questions of witnesses. It is just not accurate to argue that the questioning must be done by staff in order to constitute fact finding.
Is it accurate to say that these Congressman "have had experience in, for example, criminal prosecutions"?


(Quick glance seems to show that a few of these guys are former trial lawyers, but I don't see any with a criminal background. *)


* Except, of course, that them persecuting baseball players is criminal. But that's a different kind.
   100. Srul Itza Posted: February 13, 2008 at 09:50 PM (#2690620)
I have witnessed congressional committees in which Congressmen, who have had experience in, for example, criminal prosecutions, ask questions of witnesses.

How often? How many? What percentage of the questioners appeared competent?

Please provide dates, times, names of questioners and subjects, and subject matter of the hearing.

And don't let me hear you say you can't recall. Everybody knows that people who say that aren't being honest.
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