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Wednesday, September 01, 2010

Daily News: Former New York Yankee Roger Clemens plays golf while lawyers likely buried with documen

After finishing up the par-4 18th hole at True Blue - Clemens began his round on the 9th hole - he was asked by a Daily News reporter outside the clubhouse if he’d be open to talking after he finished his round, as long as the subject was golf related.

When told the reporter was from the Daily News, he said, “The Daily News? That’s comical. You must know (Brian) McNamee real well.”

Avoid running at all times.-S. Paige Posted: September 01, 2010 at 09:35 AM | 164 comment(s) Login to Bookmark
  Tags: steroids

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   1. RMc is the loyal supporter of the MLB event Posted: September 01, 2010 at 11:27 AM (#3631506)
I hate being buried with documen!
   2. Dale Sams Posted: September 01, 2010 at 12:01 PM (#3631514)
"Clemens pisses off reporter, editor responds with shitty, sensationalistic headline."

That is what that article is about, right?
   3. Tim Stauffer, Trot Nixon's Coming (Dan Lee) Posted: September 01, 2010 at 12:10 PM (#3631519)
Yep, pretty much. I'm not entirely sure what they expect - should he be in the room with Rusty Harden (giggity) using his extensive legal training while poring over the documents?
   4. Jolly Old St. Neck Wound, Moral Idiot Posted: September 01, 2010 at 12:13 PM (#3631520)
Stupid Elitist Reporters!
   5. Bring Me the Head of Alfredo Griffin (Vlad) Posted: September 01, 2010 at 12:27 PM (#3631530)
I'm trying to remember - the documen were from Dr. Who, right?

At least it isn't daleks. I hate those guys.
   6. Avoid running at all times.-S. Paige Posted: September 01, 2010 at 12:37 PM (#3631534)
Oops! Well, the typo sort of works.
   7. RJ in TO Posted: September 01, 2010 at 12:57 PM (#3631542)
I'm not entirely sure what they expect - should he be in the room with Rusty Harden (giggity) using his extensive legal training while poring over the documents?

Of course. After all, his years of training as a pitcher have surely given him a strong understanding of the American legal system.

This article is dumber than dumb.
   8. cercopithecus aethiops Posted: September 01, 2010 at 12:57 PM (#3631543)
Hey, I've played True Blue. Quite possibly the worst round of golf of my life. Just one giant waste bunker occasionally interrupted for a three-putt.
   9. cercopithecus aethiops Posted: September 01, 2010 at 12:59 PM (#3631545)
Stupid Elitist Reporters!

A disgrace to elitists everywhere. They should be playing golf.
   10. Tom Nawrocki Posted: September 01, 2010 at 01:03 PM (#3631548)
When the Enron executives were being hauled into court, they spent all their time helping their attorneys by reconstructing timelines, finding crucial pieces of evidence, and searching for precedents in the Federal Supplements. They never once played golf. If they had any free time, they filled it by serving meals to orphan kids. Clemens could learn something from them.
   11. rLr Is King Of The Romans And Above Grammar Posted: September 01, 2010 at 01:10 PM (#3631551)
When the Enron executives were being hauled into court, they spent all their time helping their attorneys by reconstructing timelines, finding crucial pieces of evidence, and searching for precedents in the Federal Supplements. They never once played golf. If they had any free time, they filled it by serving meals to orphan kids. Clemens could learn something from them.

Lay also had the good sense to die before exhausting his appeals, so the conviction was abated and his victims couldn't seek punitive damages. Clemens should be so clever.
   12. Neil Kinnock...Lord Palmerston! (Orinoco) Posted: September 01, 2010 at 01:17 PM (#3631556)
He's just emulating the Chicago hustler who plays golf while his lawyers were busy burning his Kenyan birth certificate.
   13. rLr Is King Of The Romans And Above Grammar Posted: September 01, 2010 at 01:28 PM (#3631561)
He's just emulating the Chicago hustler who plays golf while his lawyers were busy burning his Kenyan birth certificate.

That Robert Kiprono Cheruiyot is a crafty one. And he'd better hustle if he wants to win the Chicago Marathon. Patrick Makau Musyoki and Sammy Wanjiru promise to give him a run for his money.
   14. David Nieporent (now, with children) Posted: September 01, 2010 at 01:29 PM (#3631562)
The Daily Emery has devolved into self-parody.
   15. TedBerg Posted: September 01, 2010 at 01:38 PM (#3631565)
The Daily News is somehow turning Roger Clemens into a sympathetic character.
   16. Jolly Old St. Neck Wound, Moral Idiot Posted: September 01, 2010 at 02:23 PM (#3631587)
Stupid Elitist Reporters!

A disgrace to elitists everywhere. They should be playing golf.


Except that real elitists play one pocket.
   17. RMc is the loyal supporter of the MLB event Posted: September 01, 2010 at 02:29 PM (#3631595)
I'm trying to remember - the documen were from Dr. Who, right?

At least it isn't daleks. I hate those guys.


Full disclosure: as only a semi-fan of Dr Who, I pronounced their names as "DALL-eks" until I saw a more recent episode and discovered it was "DAY-leks". (Exterminate, indeed!)
   18. Ray (RDP) Posted: September 01, 2010 at 02:34 PM (#3631602)
Anyway, here's a column Alan Dershowitz wrote before the hearing, basically explaining the obvious: that Clemens was walking into a perjury trap.

(Dershowitz gets one detail wrong: Clemens was not under a subpoena. But the reports that Clemens "asked" and "almost demanded" to testify are also wrong; I researched this last week, and I found no statements by either Clemens or Hardin saying that Clemens wanted to testify in front of Congress. The sequencing was that Clemens was "invited" to testify (he surely would have been subpoenaed had he declined), and then agreed.)

Quoting now from Dershowitz's column. Note to Murray Chass: Dershowitz has no problem referring to his column as a "blog," although, ironically, I'm not sure it is.

So let's assume, for purposes of this blog, that [Clemens] never in his life took a banned substance. He [has] now been subpoenaed to testify in front of a judicial committee. Were I his lawyer, I would insist that he invoke the privilege against self-incrimination if asked about unlawful steroid use.

...

The 5th Amendment is not designed to protect only the guilty. It prohibits the government from compelling anyone to "incriminate" himself. Innocent people can incriminate themselves, and sometimes do.

...Who is Congress going to believe: the former majority leader of the Senate, and one of the most respected former members, or a baseball player who continues to win in his mid 40s? By testifying, Clemens will be walking into a perjury trap. He will be buying a potential indictment in which his liberty will be exposed to the whims of a jury.

Accordingly, he should continue to assert his innocence, but refuse to do so under oath. Will the public accept this? Civil libertarians, and those who understand how the criminal justice system works, will understand why an innocent man should sometimes take the 5th. Others may not, but the 5th Amendment is designed to protect against incrimination, not public opprobrium.

...

In the end, Clemens will probably choose to testify because he is deeply concerned about his legacy. I understand that but I respectfully disagree. This is one fan who he will not lose even if he takes the 5th.
   19. Lassus Posted: September 01, 2010 at 02:42 PM (#3631612)
Full disclosure: as only a semi-fan of Dr Who, I pronounced their names as "DALL-eks" until I saw a more recent episode and discovered it was "DAY-leks".
I don't want to hijack, but I can't imagine what you saw to make you think this. Your initial pronunciation is correct.
   20. gef the talking mongoose Posted: September 01, 2010 at 03:04 PM (#3631641)
Your initial pronunciation is correct.


I've never had one particle of interest in Dr. Who (Gives a Damn?), but I'm going to assume the pronunciations in the Clash's "Remote Control" & Dalek I Love You's "Dalek I Love You" are correct, in which case so is this pronouncement. (It's probably borne out as well by the Art Attacks' "I Am a Dalek," but I don't remember that one well enough.)
   21. Kirby Kyle Posted: September 01, 2010 at 03:19 PM (#3631657)
This is one of the funniest headlines I've ever read. Particularly the use of the word "likely". "Read the Daily News, where we imagine what may be happening in your world every day!"
   22. Lassus Posted: September 01, 2010 at 03:25 PM (#3631658)
The News and Post report news just as imaginary as the London tabloids, with none of the entertainment value.
   23. Zipperholes Posted: September 01, 2010 at 03:28 PM (#3631661)
This is one of the funniest headlines I've ever read. Particularly the use of the word "likely". "Read the Daily News, where we imagine what may be happening in your world every day!"
I'm slightly surprised they didn't go with "literally."
   24. SugarBear Blanks Posted: September 01, 2010 at 03:39 PM (#3631672)
Re Dershowitz, it's not always clear what the best choice is, but the best choices always, always, always, no exceptions are: (1) take the 5th; or (2) tell the truth. If Hardin's counsel wasn't precisely that, he did Clemens a monumental disservice.
   25. Lassus Posted: September 01, 2010 at 03:46 PM (#3631680)
He may have done exactly that. People have a shocking tendency not to listen to doctors, lawyers, bankers, etc., because they are convinced they know better.
   26. rLr Is King Of The Romans And Above Grammar Posted: September 01, 2010 at 03:47 PM (#3631682)
He may have done exactly that. People have a shocking tendency not to listen to doctors, lawyers, bankers, etc., because they are convinced they know better.

I wouldn't trust a single word out of a banker's mouth. If Jamie Dimon told me the sun rises in the east, I'd double-check my compass.
   27. Gonfalon Bubble Posted: September 01, 2010 at 11:48 PM (#3631694)
The Daily News and its I-Team™ are likely buried with unsold copies of "American Icon: The Fall of Roger Clemens and the Rise of Steroids in America's Pastime."

After finishing up the par-4 18th hole at True Blue - Clemens began his round on the 9th hole

Why, Clemens didn't shoot a 42 at all. He's a goddamned cheater!

But there were some gripes among people who came to watch their family members or friends play True Blue. A local rule prohibits family members from following players during competition but some people were complaining that the rule was put in place because Clemens was on the course. Clemens' wife Debbie is also participating in the event.
"I came to see my son and they told me I couldn't go out on the course," said Bob Ranken of Mt. Holly, N.J., referring to his 19-year-old son Bobby, who was playing True Blue. "I'm going to send an email about this."


Tough nuts, loser. You should've named your kid Kobby.
   28. Ray (RDP) Posted: September 02, 2010 at 12:08 AM (#3631709)
Re Dershowitz, it's not always clear what the best choice is, but the best choices always, always, always, no exceptions are: (1) take the 5th; or (2) tell the truth. If Hardin's counsel wasn't precisely that, he did Clemens a monumental disservice.


The problem is that "telling the truth" doesn't insulate one from a perjury charge. If the authorities have their own version of the truth, and yours -- even though the actual truth -- differs from it, you're S.O.L.

And so if Hardin followed your advice and told Clemens he would be ok if he simply told the truth, he did Clemens a monumental disservice.

Assume for a moment that McNamee is lying about giving Clemens steroids and HGH. In that case, Clemens told The Truth -- but is being prosecuted anyway.

That is precisely why Dershowitz noted that this was a perjury trap. Everyone knew the essence of what McNamee and Clemens were going to say before they gave their committee depositions. Everyone knew that McNamee was going to say X and Clemens was going to say Not X. And so once each of them was put under oath, it was simply a question of who Congress and the feds were going to believe: the sainted drug dealing suspected rapist, backed by George Mitchell, or the star pitcher accused of Using Steroids.

It wasn't difficult to see who most people would believe.

That's why the hearing should have been called off, Tom Davis, before the depositions.
   29. David Nieporent (now, with children) Posted: September 02, 2010 at 12:29 AM (#3631728)
Re Dershowitz, it's not always clear what the best choice is, but the best choices always, always, always, no exceptions are: (1) take the 5th; or (2) tell the truth. If Hardin's counsel wasn't precisely that, he did Clemens a monumental disservice.
No, the best choice is take the 5th. Telling the truth doesn't guarantee you won't be prosecuted.
   30. Gonfalon Bubble Posted: September 02, 2010 at 12:34 AM (#3631733)
"I'm not here to talk about her ass."
   31. Morty Causa Posted: September 02, 2010 at 01:28 AM (#3631758)
Yes, Posts 28 & 29 is right. Moreover, as Dershowitz points out, if you take the 5th, then are granted immunity, you can still be prosecuted for perjury if you don't testify like the prosecution wants you to. And that's pretty much up to him to decide whether you pass muster. Prosecutors have tremendous carte blanche.

Many people seem to have forgotten that Clemens absolutely insisted on testifying--and it was clearly against Hardin's advice and wishes. One of Clemens statements at a press conference that cheered me up is he said he didn't do it, he was going to maintain he didn't do it, and if this jeopardized his election to the Hall of Fame, they could shove their ballots up their ass. (The last part is only slightly exaggerated. He was obviously pissed. He soon learned that passionate avowals aren't enough.)

Also, I don't see too many people discussing the incentive someone like McNamee would have to spike someone like Clemens's B12 injections without his knowing. Or doing something else along those lines without telling the person he's doing it to.
   32. Ray (RDP) Posted: September 02, 2010 at 02:18 PM (#3631852)
Many people seem to have forgotten that Clemens absolutely insisted on testifying--and it was clearly against Hardin's advice and wishes.

Again, he didn't really "insist." Others (the media and general public, who had already concluded he was guilty) insisted/demanded that he testify in order to prove himself. He was then "invited" by the committee to testify. He then agreed.

From everything I can find, Neither Clemens nor Hardin uttered the word "Congress" in public until after Clemens was already invited to testify. (Mike Wallace did ask Clemens, in an interview that was filmed in late December, if Clemens would testify before Congress if called, and Clemens (essentially) said yes. That is not an insistence, but is merely an acceptance to a hypothetical question. The interview aired after Clemens was invited to testify.)

Clemens said this in a press conference after he was invited to testify:

"I'm going to Congress, and I'm going to tell the truth," Clemens said. "I'm going to tell everything I know about the situations and steroids and anything else that I have knowledge about, which isn't a lot. ... Whatever questions they ask me, I'll be more than happy to answer."


One of Clemens statements at a press conference that cheered me up is he said he didn't do it, he was going to maintain he didn't do it, and if this jeopardized his election to the Hall of Fame, they could shove their ballots up their ass. (The last part is only slightly exaggerated. He was obviously pissed. He soon learned that passionate avowals aren't enough.)

You're referring to this statement, which he made at that same press conference:

"You think that I played my career because I'm worrying about the damn Hall of Fame?" Clemens said. "If you have a vote and it's (turned) because of this, you keep your vote. I don't need the Hall of Fame to justify that I put my butt on the line and I worked my tail off. And I defy anybody to say I did it by cheating or taking any shortcuts. OK?

"I made a statement through this man (Hardin) when it first happened. I made a statement through my foundation. That wasn't good enough. And now I'm here doing this. I cannot wait to go into the private sector and hopefully never have to answer it again. I've said enough."
   33. Ron Johnson Posted: September 02, 2010 at 02:35 PM (#3631874)
#3 It's pretty obvious what is expected. Clemens should be paying his lawyers to golf while he is buried with documen.
   34. Ray (RDP) Posted: September 02, 2010 at 03:09 PM (#3631935)
Also, I don't see too many people discussing the incentive someone like McNamee would have to spike someone like Clemens's B12 injections without his knowing. Or doing something else along those lines without telling the person he's doing it to.


For what it's worth, in Clemens's deposition he tells of a time McNamee apparently slipped him an amphetamine (disguised as a vitamin) before one of his workouts. Quoting now starting on page 105 of Clemens's deposition:

Q: Did you ever use a -- to your knowledge, did you ever use a substance banned by Major League Baseball?

A: No.

Mr. Hardin: Can I ask you, there is -- he asked you about amphetamines. There was one incident that you have mentioned that you never knew, wondered, that you might tell them about that.

The Witness: Well, again this kind of goes along with what Jennifer asked me earlier. Brian McNamee, when he trained me at my house, would get up and come into the main house. He stayed in a house there -- again, Jennifer asked me earlier, McNamee, when that -- when I didn't have family staying at that house he would, you know, I would allow him to stay there so he didn't have to pay hotel expenses, but I knew he would stay at a hotel also sometimes.

When he would come into my house, he would -- the daily routine of the 5, 6 days, whatever it might be that he was there, he would make a protein shake for me. I didn't ever see -- you know, he would bring the powder in and mix the powder. I would have the drink and it is ready for me to drink. Some were good, some were bad tasting.

On one specific occasion, he -- he had a vitamin package that had two or three vitamins in it. And it was what I know now and I will tell you that, but let me just stay on the subject here. The vitamins he would have open and put in a little like butter dish or something like that where I would come in and take it. He would be off maybe going to the gym to get the lights on to work, whatever.

And on one specific occasion he gave me a white, it was a white small pill. And within an hour-and-a-half of taking that pill, I was -- I don't know what it is like to drink 10 cups of coffee, but I was throwing my pen, and I could barely hang onto the ball. And I asked him what that was. And he told me it was similar to a Hydroxycut or a ThermaCore. And I said from that point on -- I said don't ever -- you leave my vitamins in their packs.

And I feel that it was some kind of -- like amphetamine or something. It wasn't a vitamin, because it made me, my body feel like I have never felt before.
I was edgy, I really couldn't -- not that I couldn't hold the ball, but I was edgy. And that was one confrontation we had.
   35. SugarBear Blanks Posted: September 02, 2010 at 03:14 PM (#3631941)
The problem is that "telling the truth" doesn't insulate one from a perjury charge. If the authorities have their own version of the truth, and yours -- even though the actual truth -- differs from it, you're S.O.L.

This is nonsense, top to bottom. Perjury is probably atop the list of ratio of occurrences to prosecutions (see, in this particular context, Rafael Palmeiro).(**) The idea that truth tellers are regularly, or even infrequently, brought up on perjury charges is comical.

There's also a bit of a misconception afoot about the term "perjury trap." In its purest sense, it doesn't mean "the government is holding a hearing in the hope/belief that you'll lie." It means more "the government is putting you in the dilemma of having to choose between (a) admitting something that for extralegal reasons you don't want to admit (Clemens and steroids, Clinton and Monica) or (b) lying.

(**) Not that this should necessarily sway anyone, but I've been In the Arena in this area.

No, the best choice is take the 5th. Telling the truth doesn't guarantee you won't be prosecuted.

Nothing in life is an absolute guarantee, but if Clemens had told the truth, the whole truth, and nothing but the truth the odds of him being prosecuted would have been lower than Mario Mendoza winning the Triple Crown. If the choice was between (i) taking the 5th; and (ii) testifying as he did then, yes, taking the 5th would have been the much better option.
   36. SugarBear Blanks Posted: September 02, 2010 at 03:18 PM (#3631947)
Also, I don't see too many people discussing the incentive someone like McNamee would have to spike someone like Clemens's B12 injections without his knowing. Or doing something else along those lines without telling the person he's doing it to.

Perjury cases are tough to prove, which is why many cases of perjury are never prosecuted, and the government might lose the Clemens case.

With that said, it's plain as day that McNamee isn't their only witness and it's silly for laymen discussing Clemens's "competitive guilt" to pretend that he is.
   37. Bernal Diaz has an angel on his shoulder. Posted: September 02, 2010 at 03:18 PM (#3631950)
[Edited -DS]
   38. Ray (RDP) Posted: September 02, 2010 at 03:39 PM (#3631983)
This is nonsense, top to bottom. Perjury is probably atop the list of ratio of occurrences to prosecutions (see, in this particular context, Rafael Palmeiro).(**) The idea that truth tellers are regularly, or even infrequently, brought up on perjury charges is comical.


Tell me - how often are private citizens invited to testify before Congress so that Congress can decide who is telling the truth in a "liar, liar, pants on fire" dispute?

You can't pretend this entire sham of a hearing was typical, and then talk about what's atypical.

The Mitchell Report named dozens of players. Why did Congress take a peculiar interest in Clemens over the others?

And the point remains: one can be indicted for perjury despite being innocent. And look at what some of the charges are -- that Clemens lied to Congress about saying there were "four or five needles" of B12 "already lined up and ready to go" in the trainer's room after games; for saying "I couldn't tell you the first thing about" HGH; for saying that he had "no idea" that Mitchell wanted to talk to him.
   39. SugarBear Blanks Posted: September 02, 2010 at 03:49 PM (#3632002)
Tell me - how often are private citizens invited to testify before Congress so that Congress can decide who is telling the truth in a "liar, liar, pants on fire" dispute?

I don't know what that last part means exactly, but private citizens are brought to Congress to testify all the time, often about controversial subjects. See, e.g., the tobacco company CEOs.

Clemens sitting next to McNamee was a bit theatrical and I confess to not remembering the precise details leading to that setup. I can say that when the DC US Attorney's office and grand jury determined whether perjury charges were warranted, that setup was irrelevant.

You can't pretend this entire sham of a hearing was typical, and then talk about what's atypical.


What do you mean by "sham"? There was some theatricality involved that may not have been necessary, but that hardly makes it a "sham." Congress has jurisdiction over the baseball industry, over steroid distribution and regulation, and likely over other things motivating the desire to obtain evidence and information.

And the point remains: one can be indicted for perjury despite being innocent.

One can be indicted for perjury and be found not guilty by a jury. Indeed Clemens might, and that still wouldn't mean he told the truth, just that he wasn't proven guilty beyond a reasonable doubt of all the elements of a perjury charge. Indictments of people the Justice Department believes told the truth to Congress are extraordinarily rare, if not nonexistent. Far more common are non-prosecutions of people the Justice Department believes didn't tell the truth to Congress -- see, e.g., Rafael Palmeiro.
   40. jacksone (AKA It's OK...) Posted: September 02, 2010 at 03:52 PM (#3632014)
Wow Bernal, that seems a *bit* harsh. Ray may be defending Clemens a lot, but last time I checked Clemens is still innocent until proved guilty. And the media (####### elite bastards) are a lot more ridiculous with what they write against Clemens than anything Ray is saying.
   41. Bernal Diaz has an angel on his shoulder. Posted: September 02, 2010 at 03:55 PM (#3632022)
To quote the Fox News personalities and Rush Limbaugh, "I am just asking questions here."
   42. Ray (RDP) Posted: September 02, 2010 at 03:56 PM (#3632026)
Nothing in life is an absolute guarantee, but if Clemens had told the truth, the whole truth, and nothing but the truth the odds of him being prosecuted would have been lower than Mario Mendoza winning the Triple Crown. If the choice was between (i) taking the 5th; and (ii) testifying as he did then, yes, taking the 5th would have been the much better option.


I can build a perjury case against McNamee. My evidence would start with Clemens's statements, under oath, that McNamee is lying. I would then show that McNamee was a proven and self-confessed liar. I would show that McNamee is of questionable character, and has precious little credibility. I would then show that nobody else involved -- not Pettitte, not Knoblauch, not CJ Nitkowski -- witnessed anything. I would then show that Radomski was not aware that any shipments were for Clemens. I would then show the lack of a paper trail for shipments (canceled checks and such, like with others in the Mitchell Report), the lack of any evidence for Clemens's use not connected to McNamee (aside from the wishy washy Pettitte 1999 conversation, which is not powerful evidence of anything, and can be easily explained using Pettitte's own testimony), the lack of any other dealers or suppliers or players or clubhouse attendants or friends or fellow trainees that have knowledge about any HGH or steroids use by Clemens. I would show that Clemens passed all drug tests given to him by MLB or for the Olympics.

(All of this is based upon what we know now, of course. I've noted multiple times the plausibility that the feds have uncovered other evidence for Clemens's use that we don't yet know about.)

Clemens could be lying. Nobody really knows who is telling the truth, and if they say they do, they're talking out of their ass. They've simply chosen who they want to believe. What is truly interesting to me is how 99% of the public heard the story being told by an admitted liar, a drug dealing suspected rapist, and swallowed it whole. Yes, since we're dealing with illegal substances it is inherent that a drug dealer would be the one pointing the finger at Clemens -- it's not typically nuns who are dealing illegal drugs -- but that doesn't mean we have to accept his story without examining the whole of the evidence.
   43. SugarBear Blanks Posted: September 02, 2010 at 04:07 PM (#3632045)
I can build a perjury case against McNamee. My evidence would start with Clemens's statements, under oath, that McNamee is lying. I would then show that McNamee was a proven and self-confessed liar. I would show McNamee is of questionable character, and has precious little credibility. I would then show that nobody else involved -- not Pettitte, not Knoblauch, not CJ Nitkowski -- witnessed anything. I would then show that Radomski was not aware that any shipments were for Clemens. I would then show the lack of a paper trail for shipments (canceled checks and such, like with others in the Mitchell Report), the lack of any evidence for Clemens's use not connected to McNamee (aside from the wishy washy Pettitte 1999 conversation, which can be easily explained), the lack of any other dealers or suppliers or players or clubhouse attendants or friends or fellow trainees that have knowledge about any HGH or steroids use by Clemens. I would show that Clemens passed all drug tests given to him by MLB or for the Olympics.

You'd have to start with his (allegedly) knowing false statements and build out from there. Lack of independent verification of a person's statements isn't a basis for a perjury charge. You need a false statement and affirmative proof of its falsity.

What are the knowingly false statements you believe McNamee made?
   44. Steve Phillips' Hot Cougar (DrStankus) Posted: September 02, 2010 at 04:09 PM (#3632051)
Wow Bernal, that seems a *bit* harsh.


I always thought this was part of his schtick, along with a love of East Bumfuck Ohio and pretend colleges.
   45. Bernal Diaz has an angel on his shoulder. Posted: September 02, 2010 at 04:09 PM (#3632053)
I do find it hilarious that in one comment that Ray erased completely he accused someone of being a Pettitte Fanboy and he edited out his undying fandom of Clemens in another.

What a ####### joke.


When Clemens is found guilty Ray still will be holding the candle. He isn't interested in the truth. He is a big fanboy.
   46. Bernal Diaz has an angel on his shoulder. Posted: September 02, 2010 at 04:10 PM (#3632056)
I always thought this was part of his schtick, along with a love of East Bumfuck Ohio and pretend colleges.


I am moving to Indiana.
   47. SoSH U at work Posted: September 02, 2010 at 04:14 PM (#3632064)
I am moving to Indiana.


Where in Indiana?
   48. Bernal Diaz has an angel on his shoulder. Posted: September 02, 2010 at 04:15 PM (#3632066)
West Lafayette
   49. SoSH U at work Posted: September 02, 2010 at 04:19 PM (#3632073)
So you got the Purdue job. Congrats.

Go Boilers.
   50. Ray (RDP) Posted: September 02, 2010 at 04:41 PM (#3632101)
You'd have to start with his (allegedly) knowing false statements and build out from there. Lack of independent verification of a person's statements isn't a basis for a perjury charge. You need a false statement and affirmative proof of its falsity.

What are the knowingly false statements you believe McNamee made?


If I'm targeting McNamee, we can start with the bit about the party, and bring in Clemens and Canseco to testify that Clemens wasn't there. We can move to the Debbie Clemens hgh bit, and bring in Clemens and Debbie to say McNamee lied.
   51. Ray (RDP) Posted: September 02, 2010 at 04:51 PM (#3632112)
So you got the Purdue job. Congrats.


Someone hired Bernal? To do what, pull up a chair at public discussions people are having and spew profanity-laced insults at some of the participants?

(I must admit to finding it curious why Bernal posts here. I know it's for the purpose of insulting people he doesn't like, but I would think that would get old after a while. The next time he contributes substantively to a discussion will be the first.)
   52. Bernal Diaz has an angel on his shoulder. Posted: September 02, 2010 at 04:53 PM (#3632118)
At least I don't insult people then erase the posts like a coward Ray.
   53. Bernal Diaz has an angel on his shoulder. Posted: September 02, 2010 at 04:55 PM (#3632120)
Is the libertarian suggesting someone conforms to his expectations? Funny.
   54. Bernal Diaz has an angel on his shoulder. Posted: September 02, 2010 at 04:58 PM (#3632126)
And don't worry, in this new job I won't have time to post. I am not a lawyer, I actually have to do work for a living.
   55. The Good Face Posted: September 02, 2010 at 05:17 PM (#3632151)
And don't worry, in this new job I won't have time to post. I am not a lawyer, I actually have to do work for a living.


This is a good start. Is the new job dangerous? Any hope you'll wind up killing yourself by accident?
   56. Don't want the truth; just wanna see some dingers Posted: September 02, 2010 at 05:22 PM (#3632158)
"Now watch this drive"
   57. SugarBear Blanks Posted: September 02, 2010 at 05:28 PM (#3632165)
If I'm targeting McNamee, we can start with the bit about the party, and bring in Clemens and Canseco to testify that Clemens wasn't there. We can move to the Debbie Clemens hgh bit, and bring in Clemens and Debbie to say McNamee lied.

What do you mean by "bit"? Were there statements made by McNamee in relation to those things that you believe were knowingly false?

It's certainly possible that both perjured themselves, but indictments for perjury need particular statements that were false. They don't proceed based on ephemeral concepts like "I don't think he was telling the truth," or "He looks like a liar."
   58. Bring Me the Head of Alfredo Griffin (Vlad) Posted: September 02, 2010 at 05:33 PM (#3632173)
This is a good start. Is the new job dangerous? Any hope you'll wind up killing yourself by accident?


Dick move, pal.
   59. Ray (RDP) Posted: September 02, 2010 at 05:37 PM (#3632180)
It's certainly possible that both perjured themselves, but indictments for perjury need particular statements that were false. They don't proceed based on ephemeral concepts like "I don't think he was telling the truth," or "He looks like a liar."


Yes, I'm aware of that. I'll pull out some specific statements later.
   60. Joe Bivens, Idiot Posted: September 02, 2010 at 05:41 PM (#3632182)
   61. Greg (U)K Posted: September 02, 2010 at 05:50 PM (#3632188)
Classiest thread ever?
I'm thinking yes.
   62. Fred Lynn Nolan Ryan Sweeney Agonistes Posted: September 02, 2010 at 06:02 PM (#3632200)
No, the best choice is take the 5th. Telling the truth doesn't guarantee you won't be prosecuted.

Regent law professor explains why you should never talk to police officers.

And then a 3L ex-police investigator is given an opportunity to respond. Great stuff.
   63. SugarBear Blanks Posted: September 02, 2010 at 06:08 PM (#3632207)
Generally, police officers don't have subpoena power and they're the ones taking notes. Congress and many federal investigative agencies use independent transcribers to make a record of what a witness says.
   64. Ray (RDP) Posted: September 02, 2010 at 07:23 PM (#3632283)
SugarBear, re Post 57 and specific statements made by McNamee, I don't have time to trim this down and put it into a nice neat form, but here it is.

The Canseco party:

McNamee deposition: "Roger showed up after golf, I believe. Maybe he was golfing. I don't know if he was golfing. He might have showed up a little bit later, but no, he was there the whole time for the most part. He was in the house."

Clemens deposition: "I wasn't at the party. I know I wasn't at the party."

Canseco affidavit: "I specifically recall that Clemens did not come to the bar-b-que. I remember this because I was disappointed that he did not attend. I later learned that he had a golfing commitment that day and could not attend the party."

Thus, a statement made under oath by McNamee, disputed by two witnesses. (And the feds seem to think this party is material, since it forms the basis of at least part of the indictment of Clemens.)

-----------------

The injection of Debbie Clemens:

McNamee deposition: "He called me into... the residence... And I don't know if he met me at the door or the kitchen, but I ended up going into his wife's bedroom; and in the bathroom there was -- he had two mixtures, the mixture of water and the mixture of powder, of growth hormone and a syringe. But I also did notice in one of his travel bags he had other bottles of growth hormone in there, and I know his wife was asking him a lot of questions... And he said his wife wanted to do it. He had it and he wanted me to teach her how to do it. And I walked in and I actually taught her how to draw it, the water, and then put it into the bottle, and then you have to turn it upside down... And he just looked at her and said, He injects me why, can't he inject you? And she is a short woman and I really felt uncomfortable of bending down in front of her. So I reached around with my left hand and I grabbed the fat tissue from her right belly button side, which was above the scar, and I showed her that you have to inject it, and I injected it diagonally. And that was it."

Clemens deposition: "My wife received a shot of HGH from Brian McNamee at my house. I think it was in our master bedroom. The year, I'm going to say 2003 possibly. I believe there was an article, from what I understand, about HGH in the USA Today that came out a couple days earlier that week. I don't know if it was the only article my wife had read. And he gave her a shot of HGH. She tells me that it happened extremely quick. He was gone after it happened, literally gone. He went to the airport, I found out. I was not present at the time. I found out later that evening. And the reason I found out, because she was telling me that something was going on with her circulation, and this concerned me."

Debbie statement: [I can't find the transcript of her statement so I'll quote from espn's story on it.] "Clemens read a statement from his wife contending that McNamee touted its benefit during a visit to the family's Houston home, then provided the HGH and she injected herself."

Thus, four statements made by McNamee, disputed by two witnesses:

1. Clemens was present for the HGH injection of his wife;
2. The injection was Clemens's idea;
3. Clemens supplied the HGH [in fact Clemens testified that McNamee supplied it and Clemens even went through his bags later to try to find it];
4. McNamee performed the injection.
   65. SugarBear Blanks Posted: September 02, 2010 at 07:46 PM (#3632313)
Both the Canseco party and knowledge of the wife's HGH use are part of Count I of the Clemens indictment. The feds obviously don't think Clemens is very useful as a witness. Without Clemens as a credible witness, a perjury charge against McNamee borders on impossible to prove.
   66. JC in DC Posted: September 02, 2010 at 07:47 PM (#3632317)
Ray: Just ignore Bernal.
   67. gef the talking mongoose Posted: September 02, 2010 at 07:52 PM (#3632327)
Someone hired Bernal? To do what, pull up a chair at public discussions people are having and spew profanity-laced insults at some of the participants?


If so, I demand a recount or something. I had no idea such a job was available. It won't take me long at all to dust off my resume.
   68. Ray (RDP) Posted: September 02, 2010 at 07:58 PM (#3632333)
Both the Canseco party and knowledge of the wife's HGH use are part of Count I of the Clemens indictment. The feds obviously don't think Clemens is very useful as a witness.


But that's precisely my point: assuming they don't have other evidence on Clemens that we don't know about (which they may well have), they have simply chosen to believe McNamee. Had they chosen to believe Clemens instead, they could have brought charges against McNamee instead. I showed, I think, how that was possible, on at least two of the issues in dispute.
   69. SugarBear Blanks Posted: September 02, 2010 at 08:07 PM (#3632340)
But that's precisely my point: assuming they don't have other evidence on Clemens that we don't know about (which they may well have), they have simply chosen to believe McNamee. Had they chosen to believe Clemens instead, they could have brought charges against McNamee instead. I showed, I think, how that was possible.

They almost certainly have other evidence, but even your underlying point makes it sound like they flipped a coin or found some other frivolous reason to believe McNamee was more credible. Playing the parlor game you want to play, and putting demeanor aside: (a) McNamee's testimony writ large is against his interest, Clemens's is self-serving; and (b) baseball players in Clemens's era -- a lot of them -- used steroids and HGH. Those are two entirely neutral reasons to favor McNamee as a witness over Clemens.

In the real world, of course, there is going to be evidence beyond McNamee -- likely even for the Canseco party. Which raises at least the possibility that Canseco changed his story -- more precisely, remembered "better" than in his affidavit -- when he testified to the grand jury.
   70. ?Donde esta Dagoberto Campaneris? Posted: September 02, 2010 at 08:44 PM (#3632368)
McNamee's testimony writ large is against his interest

I don't get this assertion. The entirety of McNamee's statements are given in order to keep his ### out of jail (or in support of that original effort.) Not only are his statements self-serving, he's the only one who had any reason to bring any of this up. Couple that with the extraordinary fact that McNamee was a drug dealer who insists that he kept physical evidence of his dealing in his own home (to say that such is unusual doesn't even scratch the surface) and I would have to say McNamee is the least credible witness I have ever seen outside of a bad movie.

It's one thing to make an abstract decision about which guy is being honest and which guy isn't. It's quite another to ask 12 people to pronounce one guy a liar and, effectively, to send him to prison. To try and get those 12 people to do that with the "force" of McNamee's representations is going to be a really tall order. We're all assuming there is more evidence, but there really isn't any reason to assume that the other evidence is better than what we know about other than the fact that no one can imagine pushing this thing to trial with what we know. And if the "other" evidence is as shaky as what we know, the jurors will be wearing Roger Clemens jerseys by the time its over..
   71. SugarBear Blanks Posted: September 02, 2010 at 08:55 PM (#3632380)
I don't get this assertion. The entirety of McNamee's statements are given in order to keep his ### out of jail (or in support of that original effort.) Not only are his statements self-serving,

Admitting to a crime is a statement against one's interest, practically by definition.

It's quite another to ask 12 people to pronounce one guy a liar and, effectively, to send him to prison.

That's what charging someone with perjury is all about, again by definition. There's absolutely no reason to believe the government acted frivolously in making the charges. Congress didn't make the charges; an entirely different body of government did.

To try and get those 12 people to do that with the "force" of McNamee's representations is going to be a really tall order. We're all assuming there is more evidence, but there really isn't any reason to assume that the other evidence is better than what we know about other than the fact that no one can imagine pushing this thing to trial with what we know. And if the "other" evidence is as shaky as what we know, the jurors will be wearing Roger Clemens jerseys by the time its over..

That appears to be your subjective prediction about who will win at trial. It's possible the government will lose. Perjury cases are hard to prove, and fanboys are tough to keep off juries.
   72. Randy Jones Posted: September 02, 2010 at 09:02 PM (#3632386)
Admitting to a crime is a statement against one's interest, practically by definition.


If the govt already had enough evidence to make a conviction likely and McNamee knew it, then trying to work out a deal by testifying against Clemens, even if it required McNamee to admit to his crime, is not against his interest.
   73. ?Donde esta Dagoberto Campaneris? Posted: September 02, 2010 at 09:28 PM (#3632414)
There's absolutely no reason to believe the government acted frivolously in making the charges.

Yes there is. The government is going to trial with an awful witness as the foundation of its case. Even if they have other evidence, McNamee's testimony remains critical. That's a challenging effort- to put it charitably- by any measure.

Now, such doesn't prove that the prosecution is "frivolous" or even poorly thought out. But we're all assuming (including you in #69) there is other, sound evidence. We need not do that. It's fair to make that assumption given the the fact that few prosecutors like to get embarrassed, but it's also fair to say that the government has a lousy case until the government shows that it doesn't. To date, the government hasn't done that. Obviously they don't have to at this point, but the fact remains, this case looks shaky and its only salvation is evidence we are assuming is going to be provided later. That should happen- but there's no guarantee it will.

I also realize Congress didn't file the charges, but it's not inconceivable that they were filed at the urging of Congress because certain memebers saw Clemens' testimony as a direct attack on Mitchell. I suspect you would concede that political pressure can cause prosecutors to do things they otherwise wouldn't do in some instances. Prosecuting for such a reason may sound absurd, but given the nature of the hearing itself, and the cast of tards at the center of this stage, there is no reason to foreclose that possibility.
   74. Jolly Old St. Neck Wound, Moral Idiot Posted: September 02, 2010 at 09:28 PM (#3632415)
fanboys are tough to keep off juries.

If I was the gummint, I'd be watching out for with children named Kelly or Korbin or Kendrick or K-Love.
   75. Ray (RDP) Posted: September 02, 2010 at 09:30 PM (#3632417)
They almost certainly have other evidence, but even your underlying point makes it sound like they flipped a coin or found some other frivolous reason to believe McNamee was more credible.


We can't know whether they did that until we know whether they have more evidence, but I've seen nothing yet to indicate that the government isn't acting frivolously here, other than the sole fact that they are pursuing the indictment. We'll have to wait until we see the rest of their case.

The public at large certainly seems to have believed McNamee based on frivolous reasons, as did Congress (see the ridiculous letter Congress sent to the feds asking the feds to resolve the issue; see Elijah Cummings misrepresenting Pettitte's testimony during questioning of Clemens at the hearing). There is no way at present to cut through this and come to a firm conclusion as to who is lying.

Playing the parlor game you want to play, and putting demeanor aside: (a) McNamee's testimony writ large is against his interest, Clemens's is self-serving; and (b) baseball players in Clemens's era -- a lot of them -- used steroids and HGH. Those are two entirely neutral reasons to favor McNamee as a witness over Clemens.


Point (a) is silly, as Donde Campaneris has pointed out, and the part about Clemens's testimony being "self-serving" is odd because it doesn't point to Clemens being a liar. If McNamee made it all up, then of course Clemens would appear "self-serving" when he disputes it.

In the real world, of course, there is going to be evidence beyond McNamee -- likely even for the Canseco party. Which raises at least the possibility that Canseco changed his story -- more precisely, remembered "better" than in his affidavit -- when he testified to the grand jury.


The idea that Canseco changed his story is pure fantasy on your part. There is absolutely nothing to indicate that.
   76. Who wants to know? Posted: September 02, 2010 at 09:58 PM (#3632441)
Ray, how do you type with your dick so far up Clemens' ass?

Wow. If this is any indication of how you type, remind me not to borrow your keyboard.
   77. SugarBear Blanks Posted: September 02, 2010 at 10:13 PM (#3632455)
Point (a) is silly, as Donde Campaneris has pointed out, and the part about Clemens's testimony being "self-serving" is odd because it doesn't point to Clemens being a liar. If McNamee made it all up, then of course Clemens would appear "self-serving" when he disputes it.

The self-serving part is saying it was B-12 in the syringes. There's no dispute about whether McNamee gave Clemens shots, just the substance of the shots.

If Clemens's story is that McNamee is a liar, then why would he trust McNamee's word about what was in the syringes? It's not as if Clemens knew what was in them. Yet he says strenuously that he did.(**) Reason #653 why he makes a poor witness.

(**) And of course the only party who does know is McNamee. So McNamee's testifying about something he's in a position to know; Clemens about something he isn't in a position to know. Putting aside the admissibility of it, we know another famous player who's publicly stated that a player can't really know what's in the needles, since Rafael Palmeiro says there were steroids in a shot he thought was B-12.
   78. Joe Bivens, Idiot Posted: September 02, 2010 at 10:23 PM (#3632466)
McNamee gives Clemens HGH, Clemens thought it was B12? Who is McNamee, Dr. Moreau?
   79. SugarBear Blanks Posted: September 02, 2010 at 10:30 PM (#3632470)
Who is McNamee, Dr. Moreau?

Miguel Tejada.
   80. Ray (RDP) Posted: September 02, 2010 at 10:40 PM (#3632476)
If Clemens's story is that McNamee is a liar, then why would he trust McNamee's word about what was in the syringes? It's not as if Clemens knew what was in them.


Umm, because (according to Clemens's story) at the time he was getting injections from McNamee, he trusted McNamee? See below from his deposition: "I had no reason to believe this guy would harm me."

Incidentally, there is a point in the deposition where Clemens speculates on why McNamee is (according to Clemens) lying about him. He fumbles around and basically concludes that he's not sure what McNamee's agenda is; he thinks it might be money (at other times Clemens has stated what Donde said above about McNamee trying to stay out of jail). Clemens points to some things McNamee was upset about or was causing trouble about.

Quoting now:

[H]e didn't really what I would say b!tc@ to me, but from what I understand from other people, my agents, marketing manager/agent, I didn't hire him -- I have an RCI Institute, the Roger Clemens Institute with Memorial Hermann that I have a lot of pride in in Houston, and it was opening up. It is a performance workout for weekend warriors... it is a rehabilitation, you know, rehab facility.

And I have found out since that McNamee is very upset or pissed about not -- not getting hired for that. I know he mentioned when he had heard from somewhere that he said you got -- I kind of just blew him off about it, yeah, they are opening an institute. I don't know everything that is going into it, but it is going to be a facility. Well, can I go buy the weights for it? I said, no, they have got, you know, plenty of people to assist in doing that. The Memorial Hermann people are great people, and they have got it together.

I have continually told him that, when he was going to sue the Yankees and the Astros about his workout regimen -- if you understand about this time of year, really a couple weeks earlier, the ball clubs will send out an off-season workout program... And he was very upset, and I continue -- and I hear this publicly that is going on right now, and again I am biting my lip, my tongue, for me it wasn't his workout. The bulk of it is my workout. When I met Brian McNamee, he followed me around. He studied my workout. And he added about three or four exercises to this workout that now is his, or his Seal program, or whatever that he states is his workout, that he is going to sue, and it is not patented.

And so, but if you are asking me, I don't think it was a -- I don't think it was ephedra. And I don't know, because I think it was after -- I passed every test. I played for the not Olympic team, but the world team, which I considered that testing more harsh than Major League Baseball. I invited them to my house to test me in the off season. They did it. I had my oldest son, who is in the game, I made sure he was at home to come watch the testing to see how intruding the testing is when you -- you know, it is not -- it's not comfortable, if you guys know anything about the testing. So that is my position on that.

And like I said, I told -- I explained to Rusty about that, that -- but I had no reason to believe this guy would harm me. I don't know what his, again, agenda is. I have these thoughts. And if you ask me directly, on the taped interview that we had, you will hear that he says that he has turned down a seven figure deal. And it is my belief that he is going to write a book about me, or whatever he has done to all these other players that I had no knowledge of before I have heard about the report, what is in it.
   81. SugarBear Blanks Posted: September 02, 2010 at 10:53 PM (#3632486)
Umm, because (according to Clemens's story) at the time he was getting injections from McNamee, he trusted McNamee? See below from his deposition: "I had no reason to believe this guy would harm me."

Does Clemens say anywhere, in words or substance, "Brian McNamee (or somebody else) told me the syringes he was putting in my ass contained B-12 and only B-12"?

That's a critical point, since both Barry Bonds and Rafael Palmeiro have said they took substances they weren't told were steroids that turned out to be steroids. I don't recall this type of thing being Clemens's story and if it's true, as Bonds and Palmeiro seem to indicate, that star players simply took what other people gave them to take, Clemens really doesn't, in a meaningful way, know what was in the shots.

Which is, I suppose, another, or related way, of asking whether the people doing the depositions and Congressional testimony got into the B12 vs "B12" issue.
   82. Joe Bivens, Idiot Posted: September 02, 2010 at 11:04 PM (#3632494)
More rehashing: These guys are worth millions, it's in their best interests to know what they're putting in their bodies, to suggest they would allow substances unknown to them be put in them is the farthest of fetches, and passes no "smell test", unless you're naive or have an interest to protect.
   83. Bernal Diaz has an angel on his shoulder. Posted: September 02, 2010 at 11:12 PM (#3632497)
Joe, don't let logic intrude on a fanboy clutching at straws to defend his hero. There is no way Clemens is lying.
   84. SugarBear Blanks Posted: September 02, 2010 at 11:14 PM (#3632498)
More rehashing: These guys are worth millions, it's in their best interests to know what they're putting in their bodies, to suggest they would allow substances unknown to them be put in them is the farthest of fetches, and passes no "smell test", unless you're naive or have an interest to protect.

Sure, except when the story is flipped around and the players themselves use it as an excuse. Then, to some, it becomes highly plausible. See, e.g., Rafael Palmeiro ("All I did was shoot myself with B-12 Miguel Tejada gave me"), Barry Bonds ("My trainer gave me this stuff he called the cream and the clear and I just took it") and the anti-anti-steroid bunch ("Nobody can disprove what Palmeiro and Bonds say.")

So when Miguel Tejada tells Rafael Palmeiro, "This is B12," he doesn't really mean it, but when drug-dealing rapist Brian McNamee tells Roger Clemens "This is B-12" (**), well, that you can take to the bank.

(**) Assuming Clemens says he did.
   85. Ray (RDP) Posted: September 02, 2010 at 11:40 PM (#3632522)
Does Clemens say anywhere, in words or substance, "Brian McNamee (or somebody else) told me the syringes he was putting in my ass contained B-12 and only B-12"?

That's a critical point, since both Barry Bonds and Rafael Palmeiro have said they took substances they weren't told were steroids that turned out to be steroids. I don't recall this type of thing being Clemens's story and if it's true, as Bonds and Palmeiro seem to indicate, that star players simply took what other people gave them to take, Clemens really doesn't, in a meaningful way, know what was in the shots.

Which is, I suppose, another, or related way, of asking whether the people doing the depositions and Congressional testimony got into the B12 vs "B12" issue.


His story is essentially that McNamee was giving him B12, and McNamee supplied the B12, and he doesn't know where McNamee got the needles from, and he didn't give it a second thought since McNamee was a trainer employeed by a major league team.

Note that his story is that McNamee only gave him B12 on 4-6 occasions, total (and lidocaine on just one occasion).

As to B12 being "code," Clemens had the following comment. It's interesting to note that his comment in bold forms one of the charges against him in the indictment, and it was Breuer and Hardin -- his own attorneys -- who walked him down that path.

Quoting now:

Mr. Breuer: Roger, why don't you explain, if it is not clear, sort of the prevalence of giving B12 shots in Major League Baseball and the reality of how it is done.

The Witness: Sure. You know, I am offended -- I will be honest with you. I am offended, and it has nothing to do with y'all. It is media, that they knew that B12, wink, wink, was for something else. And my B12 was B12. My mother suggested it in a liquid form back in 1988. My sisters, again, are offended by -- of course, they read -- I tell them not to read everything because it is driving them crazy, but we will do this the proper and right way. But hundreds -- it is so common to take B12. There is supplements in the trainers' room for us to take, and I have taken that are supposed to be -- I don't know. I don't know if they work as far as for my joints.

Mr. Hardin: Create a visual scene for them, how shots are handled.

Mr. Breuer: Coming out of the shower or something.

The Witness: Yes, a B12-shot. And the same way McNamee after a game, and I am passing the room, and I told him, you know, that I need a B12 or the doctor, whatever, and there is four or five needles already lined up ready to go. And you get it in your shirt or you pull your jeans down, and they give you a B12-shot, and you are out the door. Most of mine -- most of mine were always after a game.


Later:

Q Were you aware that you were mentioned in [Canseco's] book?

A Yeah. I mean, I'd heard about it, yes, about joking about B12 shots.

Q Did Jose Canseco mention to you that he was going to talk about you in his book before it was released?

A No.

Q If you look at what's on page 211, and it is highlighted, he says with regard to B12, "It was so open, the trainers would jokingly call the steroid injections 'B12 shots,' and soon the players had picked up on that little code name, too." Did you -- at any of the clubhouses, did you ever hear of B12 shots being code for steroids?

A I have not heard that. I didn't play with Jose in Oakland when they -- when this was supposedly the time that he did it. I don't know if he did it then, or if he did it later. But assuming that he did it in Oakland, you know -- I've heard this, and I think I said earlier, I've had to deal with that, too, because people have said, quote, B12 shots and all that, yes.
   86. Ray (RDP) Posted: September 02, 2010 at 11:41 PM (#3632524)
Joe, don't let logic intrude on a fanboy clutching at straws to defend his hero. There is no way Clemens is lying.


See, Bernal, this is dishonest. I've never said there is no way Clemens could be lying.
   87. Bernal Diaz has an angel on his shoulder. Posted: September 02, 2010 at 11:46 PM (#3632528)
Of course he is lying.
   88. Ray (RDP) Posted: September 02, 2010 at 11:49 PM (#3632531)
So when Miguel Tejada tells Rafael Palmeiro, "This is B12," he doesn't really mean it, but when drug-dealing rapist Brian McNamee tells Roger Clemens "This is B-12" (**), well, that you can take to the bank.

(**) Assuming Clemens says he did.


You're mischaracterizing Palmeiro's position, but, regardless, Clemens's story is not that he doubted what McNamee was giving him.

Quoting now:

Q And can you describe to us what a B12 shot looks like? Like what color is the liquid?

A Yeah. It's -- I believe it to be pink or red in color, from what I recall from all the shots I've had of B12. It's either light pink, and I think I've seen some that were more red. Again, I'm just trying to recall it.

Q And when Brian McNamee would give you the B12 shots, what color, same color?

A Sure. Sure. Always been.

Q So you didn't notice anything unusual with the shots he gave you?

A Right. I had no reason to believe that, you know, he was doing anything harmful to me or what all this.

Q I think you said earlier that you never supplied McNamee with either the lidocaine or the B12 that he injected in you; is that correct?

A No. Never.

Q Do you know where he got it from?

A I don't.

Q Did you ever ask him?

A I did not.

Q And you said that the shots that he gave -- the B12 shots that he gave you you thought was in 1998 and in 2001. So when you were at the Blue Jays, and when you were at the Yankees?

A Yes.

...

Q And I asked you this earlier with regard to B12, and let me just follow up with the lidocaine. Did you ever ask McNamee where he got that one shot of lidocaine for you?

A I have not. I did not.

Q You did not. And can you describe it to us? What did it look like?

A I don't remember that. I know that I've had enough B12s to know that color. I don't recall the lidocaine, and I don't want to guess.

Q That's fine. Did you ever or do you today -- did you have concerns about what Brian McNamee was giving you, whether it be the injections or the vitamins? I know you mentioned the one instance earlier about a white pill that he gave you?

A Yeah.

Q Did you have any concerns about that? And maybe not at the time, but maybe as you sit here today?

A Concerns, other than what I talked about as the pill that he gave me that -- it could have been some form of an amphetamine, that was a concern. But again, I trusted him. He worked for these ball clubs. He'd worked before with the Yankees, before I ever met him. I think he knew quite a few of the players on the Yankees before I met him. So I wouldn't think that he would want to harm me or do anything of that nature. What I know now, of course, I think I expressed a lot of those concerns with you all.

Q Do you have any concern -- perhaps you followed this or read about it. You know, we -- after our 2005 hearings, we took a closer look at Rafael Palmeiro, and he believes that he tested positive because of a tainted B12 shot that he received. Do you have any concerns that what Mr. McNamee was giving you was in any way tainted?

A No. I don't believe that whatsoever. As far as Rafael Palmeiro, I just remember the hearings. And again, I didn't watch the entire hearings, but, you know, I heard his statement. And I think if I remember right, that he tested positive and supposedly had taken -- we had heard he had taken some type of pill. But that's -- that's all that was said, I think.
   89. SugarBear Blanks Posted: September 03, 2010 at 12:07 AM (#3632555)
And my B12 was B12.

How does Clemens know this -- that's the question and it should have been asked directly.

Concerns, other than what I talked about as the pill that he gave me that -- it could have been some form of an amphetamine, that was a concern. But again, I trusted him.

I'd forgotten that Clemens said McNamee gave him an amp without Clemens knowing about it. Makes it all the more implausible that Clemens would simply trust McNamee -- not merely a drug-dealing rapist, but a drug-dealing rapist who'd already slipped him a mickey.

Without knowing the conversation that took place when the topic of B12 and shots came up in the first place, and what both parties said about it, it's hard to make a final judgment. And that assumes the right questions were asked.
   90. Never Give an Inge (Dave) Posted: September 03, 2010 at 12:10 AM (#3632559)
It's too bad Clemens isn't paying his lawyers to pour over those documen. What a dick.
   91. Ray (RDP) Posted: September 03, 2010 at 12:32 AM (#3632574)
And my B12 was B12.

How does Clemens know this -- that's the question and it should have been asked directly.


I don't really understand what you're getting at. According to Clemens, McNamee told him he was giving him B12, McNamee whipped out a needle, the needle was filled with red or pink juice which looked like B12 (*), and McNamee injected him.

What Clemens is saying above is that he wasn't using B12 as "code" for anything.

(*) I've never seen a B12 shot but from what I can gather from The Google, B12 can be pink or red.
   92. Joe Bivens, Idiot Posted: September 03, 2010 at 12:32 AM (#3632575)
"B12" was a code for steroids, but not "his" code, because he really took "B12". As every other player who got caught would say: "No, I thought it really was B12, I promise."

Asking Clemens how he knew it was B12 gives him the opportunity to say that's what he expected he was getting, that's what he requested, but "golly, the evil liar shot me with steroids instead, evidently". I'd prefer not to hear that nonsense.
   93. David Nieporent (now, with children) Posted: September 03, 2010 at 12:52 AM (#3632586)
Tell me - how often are private citizens invited to testify before Congress so that Congress can decide who is telling the truth in a "liar, liar, pants on fire" dispute?

I don't know what that last part means exactly, but private citizens are brought to Congress to testify all the time, often about controversial subjects. See, e.g., the tobacco company CEOs.
What it means is that Congress did not even have a legislative pretext for calling Clemens to testify; they explicitly said that they were calling him because he had contradicted their friend George Mitchell and so they wanted to decide who was telling the truth.

(Okay, except the "their friend" part, which was merely implicit.)

The previous steroids show trial at least purported to be legislative in nature; Congress pretended it was examining the issue of steroids in sports to determine whether legislation was needed. Here there wasn't even a pretense. They were just deciding which witness to believe.

What do you mean by "sham"? There was some theatricality involved that may not have been necessary, but that hardly makes it a "sham." Congress has jurisdiction over the baseball industry, over steroid distribution and regulation, and likely over other things motivating the desire to obtain evidence and information.
(1) Congress has no such jurisdiction, but I know the constitution hasn't mattered in quite a long time.
(2) Even under the expanded New Deal version of the constitution, Congress does not have jurisdiction over individual criminal acts. Whether someone used steroids or lied in a press conference or lied to George Mitchell or lied to prosecutors is a matter for the courts, not Congress.
   94. Ray (RDP) Posted: September 03, 2010 at 12:53 AM (#3632589)
"B12" was a code for steroids, but not "his" code, because he really took "B12". As every other player who got caught would say: "No, I thought it really was B12, I promise."


And as a player who thought he was taking B12 would say. Again, this gets us nowhere.

Asking Clemens how he knew it was B12 gives him the opportunity to say that's what he expected he was getting, that's what he requested, but "golly, the evil liar shot me with steroids instead, evidently". I'd prefer not to hear that nonsense.


Well, that's not what Clemens is saying. He's not questioning that it was B12. (That may change, but it's not what he's doing now.)
   95. David Nieporent (now, with children) Posted: September 03, 2010 at 01:08 AM (#3632595)
I am not a lawyer,
That's obvious; you're not smart enough.
   96. Ray (RDP) Posted: September 03, 2010 at 01:14 AM (#3632598)
Of course he is lying.


The thing is that there is a real chance for the feds to dig up some evidence on Clemens here, if McNamee is telling the truth. There are a number of ways to go, but there's one specific way: McNamee's story is that Clemens over the years had possession of HGH and steroids (for himself; for Debbie in that one disputed incident). So unless Clemens used his chemistry degree to cook the stuff up in the lab in his basement, there are other suppliers and dealers out there that Clemens had to have gotten it from. That's one reason why the feds were checking out Kelly Blair and the gym and such.
   97. Never Give an Inge (Dave) Posted: September 03, 2010 at 01:21 AM (#3632603)
Well, that's not what Clemens is saying. He's not questioning that it was B12. (That may change, but it's not what he's doing now.)

I apologize for not following this case very closely to date, but is there any evidence besides McNamee's testimony that Clemens did not in fact receive B12 shots, but in fact received steroid injections?
   98. Drew (Primakov, Gungho Iguanas) Posted: September 03, 2010 at 01:59 AM (#3632624)
Most lawyers need to work for a living. Especially non-partners. There are always a few high-profile people like Joe Bornstein who make all their money on referrals.
   99. cercopithecus aethiops Posted: September 03, 2010 at 02:13 AM (#3632630)
unless Clemens used his chemistry degree to cook the stuff up in the lab in his basement

Sorry, but you're going to need a biology degree if you want to cook up hGH in your basement. Or your mom's.
   100. Ray (RDP) Posted: September 03, 2010 at 02:42 AM (#3632638)
I apologize for not following this case very closely to date, but is there any evidence besides McNamee's testimony that Clemens did not in fact receive B12 shots, but in fact received steroid injections?


The only thing I can think of is the materials McNamee turned over and whether the feds can prove anything from that mess.

Or perhaps Clemens described some of the details of the B12 shots wrong -- such as the color. But that seems unlikely, since it seems clear that he did get at least some B12 shots over the years from team trainers, so he should know what B12 shots look like.
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