Feb 18, 2011, 9:41 AM EDT
I won’t make too much out of this because when I read a couple of weeks ago that Roger Clemens had subpoenaed Congress in order to get notes and reports and whatever he could find, I didn’t think anything of it. But the Daily News makes a good point today: you can’t subpoena stuff from Congress that isn’t already a public record due to the immunity provided by the Speech and Debate clause to the Constitution.
And even if lazy ex-lawyers like me didn’t think about it at the time, Clemens’ lawyer Rusty Hardin should have because he’s been down this road before:
This is not Hardin’s first attempt to subpoena documents from a congressional committee. Hardin represented the giant auditing firm Arthur Andersen in 2002 when the company was indicted on obstruction of justice charges for shredding Enron-related documents.
The House Energy and Commerce Committee held a hearing on Andersen, which had signed off on Enron’s fraudulent finances for years. When Hardin tried to get documents from the Energy and Commerce Committee, as well as notes of an interview conducted with an Andersen employee who later became a cooperating witness for the Justice Department, he was denied. The committee refused to hand them over, and the federal judge presiding over the case refused to compel the panel to do so.
I suppose ineffective belt-and-suspenders subpoenas are harmless in and of themselves, but at some point I wonder if Clemens will ask himself how much money he’s willing to pay to avoid what will probably be three months in a minimum security federal camp. At the most. I’m sure his legal bill is into the millions already and I’ve seen criminal lawyers budget a full 50% for the actual trial and aftermath. At some point, you figure the vacation would do him some good, no?
- VIDEO: Derek Jeter passes Carl Yastrzemski for seventh on all-time hits list 14
- Ray Rice is awful, but let’s not pretend baseball has a great record on domestic violence 75
- And That Happened: Sunday’s scores and highlights 49
- Mariners’ interest in Matt Kemp is “very real” 29
- Astros players upset over Mark Appel’s promotion to Double-A, bullpen session in Houston 45
- Four theories about the Hall of Fame voting changes 24
- Troy Tulowitzki is visiting a sports hernia surgeon 10
- Settling the Score: Saturday’s results 29
- Expert’s Corner: How to troll fans of all 30 teams (201)
- Verducci: baseball should think about an “illegal defense” rule to combat shifts (165)
- Yankees acquire Chase Headley from Padres (108)
- David Ortiz passes Carl Yastrzemski on the all-time home run list — is he a Hall of Famer? (92)
- Ten years ago today the Alex Rodriguez-Jason Varitek brawl changed the narrative of the Sox-Yankees rivalry (88)