Baseball for the Thinking Fan

Login | Register | Feedback

btf_logo
You are here > Home > Baseball Newsstand > Baseball Primer Newsblog > Discussion
Baseball Primer Newsblog
— The Best News Links from the Baseball Newsstand

Tuesday, January 01, 2008

N.Y. Times: Chass: Lawyer for Clemens Explains Strategy (RR)

Ohh, Rusty Hardin
Was a friend to the rich
But he was never known
To hurt an honest man

In a lengthy conversation Friday with Rusty Hardin, Roger Clemens’s lawyer, I was particularly interested in his answers to two questions. To Hardin’s credit, he answered both candidly with no attempt to obfuscate the answers with typical lawyerly prattle.

Question No. 1: How do you prove a negative?

“That’s the problem; you don’t,” Hardin said. “It all comes down to the credibility of the people involved. The only thing you can do, I guess, is give people reasons to believe or disbelieve one of the two parties.”

Question No. 2: Considering that you are trying to undermine Brian McNamee’s credibility, hasn’t Andy Pettitte established the trainer’s credibility?

“Great question,” Hardin said. “I don’t have an answer for it.”

Repoz Posted: January 01, 2008 at 08:13 AM | 16 comment(s) Login to Bookmark
  Tags: steroids, yankees

Reader Comments and Retorts

Go to end of page

Statements posted here are those of our readers and do not represent the BaseballThinkFactory. Names are provided by the poster and are not verified. We ask that posters follow our submission policy. Please report any inappropriate comments.

   1. Ray (RDP) Posted: January 01, 2008 at 11:30 AM (#2657840)
“Great question,” Hardin said. “I don’t have an answer for it.”


No, actually he did have an answer:

“Andy said from the first moment McNamee was telling the truth,” Hardin said, adding, “But just because someone is telling the truth about one thing doesn’t mean he’s telling the truth about another thing.”
   2. Ray (RDP) Posted: January 01, 2008 at 12:05 PM (#2657843)
By the way, if anyone can find the point of this Mike Lupica column about Clemens, please share.

Lupica went on for 15 paragraphs, so I'm sure he must have had one.
   3. Gonfalon Bubble Posted: January 01, 2008 at 02:26 PM (#2657849)
It's just Lupica the whore crossing the street, to shake his ass wherever he senses it's sunniest. Back when it paid, he used to write about leaving father-son notes on his sleeping boy's pillow, to let him know that Big Mac went deep again last night after bedtime. Now he's following the foot traffic on the anti-steroids warpath.

Lupica artificially enhancing his column length:
Clemens was here right before a different kind of game begins for him, the biggest of his life, the game that puts his legacy and his good name on the line... Different kind of game than Clemens has ever played before. With stakes higher than they have ever been, because this is about his reputation, his legacy... Different game now, different rules, biggest stakes of his life, bigger than any at the casino here this weekend.

Hey, Mike, quick question. Do you think this is a different kind of game for Clemens?
   4. Best Regards, Larry M. Posted: January 01, 2008 at 06:08 PM (#2657900)
Hardin is focusing on credibility. “You can never disprove a negative,” he reiterated.
Wait, you got that backwards. You can easily disprove a negative by proving a positive.
   5. Rough Carrigan Posted: January 01, 2008 at 06:10 PM (#2657901)
Watch out Mahnken or he'll smear you too!
   6. TVerik Posted: January 01, 2008 at 06:11 PM (#2657903)
No, you can't not prove a negative.

Yes, I'm positive.
   7. Repoz Posted: January 01, 2008 at 06:32 PM (#2657908)
Yes, I'm positive.

He's positive, positive, positive.
   8. a bebop a rebop Posted: January 01, 2008 at 06:59 PM (#2657917)
No, actually he did have an answer:


“Andy said from the first moment McNamee was telling the truth,” Hardin said, adding, “But just because someone is telling the truth about one thing doesn’t mean he’s telling the truth about another thing.”


Given that he's trying to make a credibility argument, no, that's not an answer. It may be true but it doesn't help Hardin/Clemens.
   9. David Nieporent (now, with children) Posted: January 01, 2008 at 07:29 PM (#2657939)
Given that he's trying to make a credibility argument, no, that's not an answer. It may be true but it doesn't help Hardin/Clemens.
But the question wasn't about "helping" Clemens. The question was, "Hasn't Pettitte established McNamee's credibility?" The answer to that question is no. (Actually, the answer is, "That's up to the people who will ultimately decide who's credible" in this instance.) Pettitte established that McNamee was telling the truth about Pettitte. The fact that he was telling the truth about Pettitte doesn't prove he was telling the truth about Clemens.

That having been said, it's certainly a point in McNamee's favor -- just as the fact that he previously denied giving anything to Clemens is a point against McNamee.
   10. base ball chick Posted: January 01, 2008 at 08:53 PM (#2657981)
i am surprised that so many of you think that if a person tells the truth about one thing, that this means they are telling the truth about everything else?

so if i said

1 - i have had sex with my husband (and yeh, he SEZ he will admit it's true)

then if i said

2 - i have had sex with meatwad - then THAT must be true too?

cmon
   11. a bebop a rebop Posted: January 01, 2008 at 09:14 PM (#2657986)
The answer to that question is no. (Actually, the answer is, "That's up to the people who will ultimately decide who's credible" in this instance.) Pettitte established that McNamee was telling the truth about Pettitte. The fact that he was telling the truth about Pettitte doesn't prove he was telling the truth about Clemens.


Right, it doesn't prove anything. But the credibility argument isn't an argument of proof. As you say, he's trying to convince, not to prove, and Pettitte's admission of guilt clearly hurts him there.
   12. walt williams bobblehead Posted: January 01, 2008 at 09:16 PM (#2657988)
then THAT must be true too?


No, but it adds to the case that Kevin and Andy have been making that you had sex with meatwad.
   13. villageidiom Posted: January 01, 2008 at 09:49 PM (#2658004)
No, you can't not prove a negative.

Prove it.

so if i said

1 - i have had sex with my husband (and yeh, he SEZ he will admit it's true)

then if i said

2 - i have had sex with meatwad - then THAT must be true too?


I think there are some here who think that you're telling the truth about Meatwad, and that your husband is being coerced by the feds into lying about having had sex with you.
   14. G-String Posted: January 01, 2008 at 10:36 PM (#2658019)
Believe it or not, I usually enjoy these steroids threads, but the ones about Clemens seem kind of pointless.

Look, I believe that Clemens took steroids. McNamee had no reason to lie, there may be severe penalties for him if he did, he provided a first hand and detailed account, and he told the truth about Petitte. Of course, this doesn't prove that Clemens used steroids and I'm not 100% certain that he did. But I'd be willing to bet my life savings on it.

Now here's the thing. There is nothing Clemens can say that will convince me otherwise. How can you disprove a negative? His denials mean nothing to me. I think he's lying to protect his own interests. If McNamee is lying, this is really, really unfair to Clemens. Clemens has no effective recourse to rebut the charges if they are false.

On the flip side, you have folks like Gambling Rent and BBC who think Clemens is likely innocent. Furthermore, there is nothing anyone can do to convince them otherwise. Their standards of proof are so high that they require evidence that most likely cannot be obtained. If Clemens did take steroids, there is probably nothing a prosecuter can do to convince the Clemens supporters that this is the case.

Not only are no minds going to be changed in these discussions, but there aren't even nuances to be discussed, new facts to be introduced, or old facts to be challenged. We agree on the facts. We just disagree on how much weight they should be given, and everyone's opinion on these weights are fully articulated. The whole conversation boils down to, "I believe McNamee, he had no reason to lie" and "I don't believe McNamee. He's an unreliable witness".
   15. David Nieporent (now, with children) Posted: January 01, 2008 at 10:48 PM (#2658023)
G-String, if we stopped discussing an issue simply because we didn't have any new evidence to bring to the table, Jim could run BTF off the computing power of a digital watch.
   16. Jolly Old St. Neck Wound, Moral Idiot Posted: January 01, 2008 at 10:49 PM (#2658025)
1 - i have had sex with my husband (and yeh, he SEZ he will admit it's true)

then if i said

2 - i have had sex with meatwad - then THAT must be true too?


Well, has meatwad denied it? Funny, no word from the prime suspect.

It just gets curiouser and curiouser.

You must be Registered and Logged In to post comments.

 

 

<< Back to main

Support BBTF

donate

Thanks to
Bob Dernier Cri
for his generous support.

Bookmarks

You must be logged in to view your Bookmarks.

Hot Topics

NewsblogMatschulat: Did I Miss The "Paul Konerko Is So Overrated OMG" Bandwagon?
(28 - 5:47am, May 26)
Last: Snowboy

NewsblogT.R. Sullivan: Of Frank Robinson, Milt Pappas and Jim Palmer
(9 - 5:29am, May 26)
Last: bjhanke

NewsblogHP: Baseball is leaving the human factor behind
(59 - 5:24am, May 26)
Last: bjhanke

NewsblogBud Selig -- No need for more MLB replay for now - ESPN
(87 - 3:55am, May 26)
Last: Athletic Supporter leads the nation in drifters

NewsblogOT: NBA Monthly Thread, May 2012
(1834 - 3:06am, May 26)
Last: Spivey

NewsblogHimrich’s Top Ten Target Field Foods
(8 - 2:43am, May 26)
Last: Long John McCaine Mutiny on the Bounty (scott)

NewsblogBoston.com: Curt Schilling’s 38 Studios lays off all staff
(119 - 1:28am, May 26)
Last: Swedish Chef

NewsblogWilmoth: Nate McLouth Designated For Assignment
(12 - 12:25am, May 26)
Last: Tripon

Hall of MeritMost Meritorious Player: 1973 Discussion
(15 - 12:13am, May 26)
Last: DanG

NewsblogThe Hall of Very Good: Former Cards Slugger Critical of "LaRussa's Regime"
(4 - 11:26pm, May 25)
Last: cardsfanboy

NewsblogCSN to host ‘Phillies at the Beach’ on Memorial Day
(18 - 11:25pm, May 25)
Last: Fielder's the first baseman, Felder is the fielder

Hall of MeritMost Meritorious Player: 1972 Ballot
(28 - 11:25pm, May 25)
Last: lieiam

Sox TherapyA Winning Ballclub?
(20 - 11:24pm, May 25)
Last: Dan

NewsblogTBO: Nerdy Rays head north
(17 - 10:07pm, May 25)
Last: PreservedFish

NewsblogDodgers want to host NHL's Winter Classic
(22 - 9:38pm, May 25)
Last: Cris E

Buy MLB playoff tickets, plus 2011 World Series, 2011 ALCS tickets and NLCS game tickets. We also have Texas Rangers playoff schedule, tickets to Red Sox games and Yankees game tickets. Plus, buy Phillies baseball tickets, Tigers playoff tickets and the biggies like ALDS baseball tickets and 2011 NLDS tickets.

Demarini, Easton and TPX Baseball Bats

 

 

 

AllianceTickets.com has cheap MLB Tickets. Get all your Colorado Rockies Tickets, Seattle Mariners Tickets, San Francisco Giants Tickets and all your favorite baseball tickets here. We also carry cheap Denver Broncos Tickets, Seattle Seahawks Tickets and Denver Nuggets Tickets.

Page rendered in 0.1861 seconds
54 querie(s) executed