Criminal Justice

Baseball's Roger Clemens is Subject of Grand Jury Probe

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In the latest twist of fate for embattled baseball great Roger Clemens, the former star pitcher reportedly is the target of a federal grand jury investigation in Washington, D.C., concerning his testimony before Congress last year about steroids and other performance-enhancing drugs.

If the grand jury charges Clemens with lying when he says he never used steroids or human growth hormone, he could face potential criminal penalties for perjury. However, the grand jury probe is a routine response to a congressional request for an investigation of conflicting testimony there by Clemens and Brian McNamee, and no indictment is now pending, according to a brief Seattle Times summary of Washington Post and Associated Press coverage.

“The House Committee on Oversight and Government Reform asked the Department of Justice to open a perjury investigation into Clemens, after he and McNamee provided contradictory accounts under oath about Clemens’s alleged use of performance-enhancing drugs,” explains the New York Times.

Similar claims by McNamee also were made in a special report by attorney George Mitchell, prepared at the request of the baseball commissioner, about steroids use in major league baseball.

“Clemens, 46, has denied statements made in baseball’s 2007 Mitchell Report by his former trainer Brian McNamee, who claimed he injected the pitcher with steroids and human growth hormone during Clemens’ playing days,” recounts the Los Angeles Times.

As discussed in earlier ABAJournal.com posts, Clemens also filed a defamation suit against McNamee. As previously discussed, it is unlikely to be adversely affected by claimed romantic affairs involving Clemens that have recently come to light. However, it apparently could be derailed by a potential criminal case.

Responding to news of the grand jury probe, Rusty Hardin, a Texas lawyer who represents Clemens, told the Associated Press through a spokesman, “We don’t know anything about this, but it is no surprise.” Hardin portrayed the investigation as routine, saying, “It’s part of what a prosecutor does.”

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