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Roger Clemens’ is not having a good go of it in the Brian McNamee defamation lawsuit

Apr 29, 2014, 10:38 AM EDT

Roger Clemens

Yeah, that lawsuit is still around. It was filed in 2009, before Clemens found himself up on criminal charges but after the Mitchell Report came out and Clemens decided that the best defense was a good offense and went after his former trainer in a high-pitched P.R. campaign. And maybe the best defense is a good offense. It’s just that Clemens’ offense was pretty damn dumb and now he finds himself in a judge’s doghouse.

As the Daily News reports, Clemens and his legal team have been called on the carpet by the federal judge hearing McNamee’s defamation case. Clemens has stalled and delayed, apparently in an effort to avoid turning over hundreds of emails between him and his advisors in the days following the release of the Mitchell Report. It was then that the idea to come out with a coordinated P.R. campaign in which Clemens denied drug use, trashed McNamee as a liar and a criminal and portrayed himself as the best pitcher and biggest victim in baseball history.

The questions about McNamee’s character were fair game in the criminal case against Clemens — you have to go after the credibility of your accusers when your freedom is on the line — but my feeling back in 2008, as now, was that Clemens never should have launched the P.R. offensive to begin with. It was unnecessary — if he stayed silent it all would have gone away  — it led to all sorts of damaging personal information coming out about Clemens and, ultimately, his going on the offensive is what led to him being called before Congress which led to his criminal prosecution. It also spawned this lawsuit, of course, which McNamee filed as a defensive measure when Clemens sued him first. Turns out Clemens’ suit was a dud. McNamee, though he never would’ve filed it if all things were equal, still has a viable case years later.

My guess is that there is some pretty bad stuff in those emails Clemens doesn’t want to let loose. Stuff that can’t hurt him criminally anymore like they could have a couple of years ago, but stuff that will show him to be a liar and a cheater. Which, yes, everyone thinks he is anyway. But it’s one thing to hold that as a personal opinion. Another thing altogether to have it laid out before you in black and white.

Fun times.

  1. rollinghighwayblues - Apr 29, 2014 at 10:46 AM

    Oh, Roger…

  2. doctornature - Apr 29, 2014 at 10:48 AM

    That picture makes his head look Bonds-esque.

  3. gothapotamus90210 - Apr 29, 2014 at 10:55 AM

    I get the fact that time was of the essence when the Mitchell Report was released, but couldn’t the communications have been done over the phone, at the expense of timeliness? It was 2007 – everybody should have understood the implications of email at that time.

  4. bringbackkosar - Apr 29, 2014 at 10:56 AM

    Couldn’t happen to a nicer guy! Clemens and Rose, so similar: I am great = I am bulletproof = I will break the rules = WTF, they busted me = lie and spin = bye-bye HOF. If he and Rose would have just manned up, admitted it, apologized, and atoned, then America would have forgiven them long ago and their names wouldn’t be mud. Pride before the fall

    • imnotyourbuddyguy - Apr 29, 2014 at 1:24 PM

      It’s true, America loves to forgive as long as you humble yourself right away. Own it, they both made it so much worse that it needed to be.

    • DelawarePhilliesFan - Apr 29, 2014 at 2:33 PM

      Hmmmm….well, don’t forget, Rose agreed to a lifetime ban (yes, without admitting guilt, but still….), pled guilty to tax evasion charges on horse race winnings (an admission of gambling), and let it be known he was seeking help for gambling addicition. All of that by 1990. And yet they still changed the rule in 1991 to make him in ineligible.

      Rose has been his own worst enemy, no question about it. But to the point that all he needed to do was “Man-up” and he would be forgiven – well, he did to some extent. And is still reviled and banned.

  5. yahmule - Apr 29, 2014 at 10:58 AM

    What a guy!

  6. raysfan1 - Apr 29, 2014 at 11:06 AM

    Is the I dentistry of those advisers public knowledge? Were they his lawyers? If so, would not their communications fall under attorney-client privilege?

    • raysfan1 - Apr 29, 2014 at 11:08 AM

      Identity, not “I dentistry”. F’ing fat thumbs + autocorrect

    • raysfan1 - Apr 29, 2014 at 11:16 AM

      “I dentistry”–the classic Isaac Asimov tale about a bionic oral health provider.

    • Craig Calcaterra - Apr 29, 2014 at 12:24 PM

      The court determined the communications were not privileged. Most of it was between Clemens and his agent or Clemens talking to lawyers about PR advice while CCing agents, PR people, etc. as opposed to legal advice.

      • raysfan1 - Apr 29, 2014 at 12:37 PM

        Got it. Thanks for the info!

      • nothanksimdriving123 - Apr 29, 2014 at 2:04 PM

        Craig, sorry but why the apostrophe on Clemens in the headline?

  7. historiophiliac - Apr 29, 2014 at 11:17 AM

    /pours second cup of coffee, settles in with blueberry donut, smiles with satisfaction and re-reads

    • koufaxmitzvah - Apr 29, 2014 at 11:54 AM

      Downstairs of the cubicle, the coffee options included Blueberry. The other options were French vanilla and French roast. I went with America’s greatest fruit, and I regret this decision.

      • koufaxmitzvah - Apr 29, 2014 at 12:13 PM

        Somebody pour powdered sugar down my throat. Please.

      • historiophiliac - Apr 29, 2014 at 12:21 PM

        Why on earth would you drink fruity coffee?

      • koufaxmitzvah - Apr 29, 2014 at 12:23 PM

        They didn’t have any muffins, so I was thinking Two Birds, One Stone.

        In the weed world, combining strains serves a greater good of purpose. The whole world should look to pot and not go to pot, I say.

      • playball - Apr 29, 2014 at 2:24 PM

        Looking to the World of Weed, which uni would match that blueberry/coffee strain best?

        Dodgers?
        Jays?
        Yanks?
        Mystery Team?

        Home/road?

        Look forward to tomorrow’s edition of World of Weed: Baseball Talk

  8. moogro - Apr 29, 2014 at 11:19 AM

    Black and white.

  9. proudlycanadian - Apr 29, 2014 at 11:40 AM

    Clemens sure wasted a lot of money in lawyers fees back then and it is still costing him money.

    • historiophiliac - Apr 29, 2014 at 12:15 PM

      He’s used to getting his way by intimidating people. Sometimes that’s not the best tactic.

      • proudlycanadian - Apr 29, 2014 at 12:18 PM

        I wonder how much money he has wasted in this case.

      • historiophiliac - Apr 29, 2014 at 12:19 PM

        You can’t put a price on honor…and winning.

  10. cardinalcrazy - Apr 29, 2014 at 11:42 AM

    Roger, over and out.

  11. chip56 - Apr 29, 2014 at 12:08 PM

    Alex Rodriguez ultimately accepted his suspension so that the evidence against him wouldn’t go public in open court.

    Craig is right when he said Roger probably should have just hunkered down and not gotten into this.

  12. ermur221 - Apr 29, 2014 at 12:32 PM

    One big P.O.S

  13. jimmyt - Apr 29, 2014 at 12:39 PM

    Cheater getting what he deserves for throwing everyone he could, including his wife under the bus to cover his disgrace. Like Braun. Did that sample collector ever file a defamation suit?

  14. pbastille - Apr 29, 2014 at 1:35 PM

    I don’t think I could possible dislike a person I’ve never personally met more than this guy. Not sure I even want to try.

  15. musketmaniac - Apr 29, 2014 at 3:32 PM

    steroids and underage country western singers his autobiography should be an interesting read, or good secondary bathroom tissue.

  16. sportsfan18 - Apr 29, 2014 at 5:30 PM

    We knew he was greedy and this just shows how stupid he is too…

  17. thetruthstings - Apr 29, 2014 at 6:04 PM

    Craig You are a Biased Moron! Everybody Does NOT Think Roger is a cheater! I don’t and neither do any of my friends and family! He was never convicted of using PED’s His numbers were Great From day 1. It is not like he all of a sudden got good. The guy who accused him was a flake and probably out for some of Clemens Money! You are a irresponsible Journalist and a Poor Excuse for a human being. In our Country you are Presumed INNOCENT Until Proven Guilty!!! GET IT??? Quit Falsely Accusing one of the Best Pitchers in History just to earn a “Slime Ball Living”! You Should Be Fired and are a Total “SCUMBAG”!!!!!!!!!!!!!!!!!!!!!!!!!

    • raysfan1 - Apr 29, 2014 at 9:00 PM

      Goodness, somebody seems pretty unfamiliar with Craig’s work.

  18. thetruthstings - Apr 29, 2014 at 6:05 PM

    Craig You are a Biased Moron! Everybody Does NOT Think Roger is a cheater! I don’t and neither do any of my friends and family! He was never convicted of using PED’s His numbers were Great From day 1. It is not like he all of a sudden got good. The guy who accused him was a flake and probably out for some of Clemens Money! You are a irresponsible Journalist and a Poor Excuse for a human being. In our Country you are Presumed INNOCENT Until Proven Guilty!!! GET IT??? Quit Falsely Accusing one of the Best Pitchers in History just to earn a “Slime Ball Living”! You Should Be Fired and are a Total “SCUMBAG”!!!!!!!!!!!!!!!!!!!!!!!!!.

  19. thetruthstings - Apr 29, 2014 at 6:06 PM

    Roger is INNOCENT!

  20. musketmaniac - Apr 29, 2014 at 7:58 PM

    Truth be told he was never totally proved guilty of the roids, but he did own up to putting his 35 year old penis in a 15 year old girl.

  21. hushbrother - Apr 29, 2014 at 10:55 PM

    On a baseball note, today is the anniversary of his first 20 strikeout game.

    I was a young Red Sox fan then, went to a lot of games, but was not yet obsessed with the team or the sport. However, much the way the ’67 Impossible Dream Sox turned people on to a game they hadn’t had much interest in for a long time and made them baseball fans, after the ’86 season I became a certified baseball fanatic. In a way, Clemens’ 20-K game was the game that catapulted the Sox to the pennant. So in a way, that was the day I became a hardcore baseball fan for life. So maybe it’s for that reason that I can’t feel much hate for Roger Clemens.

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