Surprising no one, Roger Clemens once again gets killed in court

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Roger Clemens’ record as a litigant continues to be just as bad as his record as a pitcher was good:

A federal judge in Texas reaffirmed his original dismissal of most
of the claims in Roger Clemens’ defamation suit against former trainer
Brian McNamee, the New York Daily News reported Wednesday.

The decision clears the way for McNamee to pursue his own defamation suit against the former seven-time Cy Young Award winner.

In his opinion, U.S. District Court Judge Keith Ellison wrote that
“if (Clemens) believes that the federal investigators or the Mitchell
Commission overstepped the bounds of the law, he is free to bring suit
against those enemies, subject to possible immunity.”

That last bit refers to the main thrust of McNamee’s defense, which was
that he can’t possibly be sued for defamation because his statements
were made while being questioned by law enforcement. The judge agreed
with that. Which is fine in my mind insofar as it relates to stuff he
said to actual federal agents. I’m not so fine that things he said to
George Mitchell should be privileged on those grounds, though, because
last I checked, Mitchell was acting as an apparatchik for Major League
Baseball’s giant P.R. exercise that was the Mitchell Report, not any
legitimate law enforcement function.

But that’s boring legal stuff. The less-boring implication of all of this is that Clemens’ use of the legal system to serve his own P.R. purposes has now imploded in spectacular fashion. Which I and every lawyer with half a brain said it would way back in January 2008. Let’s review the reasons why we thought this:

Reason #1: Defamation cases are hard to win, especially for celebrities, and even when you do win, the damages are small;

Reason # 2: Defamation lawsuits often create bigger audiences
for the false statements than the false statements enjoyed in the first
place, and have the added negative effect of opening up one’s life and
reputation to scrutiny;

Reason # 3: Even if the statements made by the defamer really
are false, the plaintiff — Clemens in this case — stands a good
chance of whiffing on one of the other essential elements of the suit
or some other technicality. When that happens the public only hears
about the loss, and concludes that the defendant was telling the truth
even if he wasn’t.

To review the bidding: Clemens has lost the suit; Clemens’
embarrassing and often shameful personal life came to light as a result
of the suit; and even though Clemens’ loss is on technical grounds as
opposed to some judgment that he was actually lying, from now until the
end of history, people will reasonably assume that he was, in fact, the
liar (not that they didn’t assume that anyway).

So once again, allow me to congratulate Roger Clemens — and his colossally-awful lawyer, Rusty Hardin — for their spectacular work. Well done, gentlemen, well done indeed!

Rob Manfred wants a new, unnecessary rule to protect middle infielders


Commissioner Rob Manfred is at the Cards-Cubs game this afternoon and the sporting press just spoke with him about the fallout from the Chase Utley/Ruben Tejada play from the other night. Not surprising.

Also not surprising? Manfred’s desire to implement a new rule in an effort to prevent such a play from happening again. Or, at the very least, to allow for clear-cut punishment for someone who breaks it:

Which is ridiculous, as we already have Rule 6.05(m) on the books. That rule — which is as clear as Crystal Pepsi — says a baserunner is out when . . .

(m)A preceding runner shall, in the umpire’s judgment, intentionally interfere with a fielder who is attempting to catch a thrown ball or to throw a ball in an attempt to complete any play:

Rule 6.05(m) Comment: The objective of this rule is to penalize the offensive team for deliberate, unwarranted, unsportsmanlike action by the runner in leaving the baseline for the obvious purpose of crashing the pivot man on a double play, rather than trying to reach the base. Obviously this is an umpire’s judgment play.

That rule totally and completely covers the Utley-Tejada situation. The umpires were wrong for not enforcing it both then and in the past, but that’s the rule, just as good as any other rule in that book and in no way in need of replacement.

Why not just enforce that rule? What rule would “better protect” infielders than that one? What would do so in a more straightforward a manner? What could baseball possibly add to it which would make plays at second base less confusing rather than more so?

I suspect what Manfred is interested in here is some means to change this from a judgment call to a clear-cut rule. It was that impulse that led to the implementation of clocks for pitchers and batters and innings breaks rather than giving umpires the discretion to enforce existing pace-of-play rules. It was that impulse which led to a tripartite (or is it quadpartite?) means of determining whether a catcher impermissibly blocks the plate or a runner barrels him over rather than simply enforce existing base-blocking rules.

But taking rules out of the subjective realm and into the objective is difficult or downright impossible in many cases, both in law and in baseball. It’s almost totally impossible when intent is an element of the thing, as it is here. It’s likewise the case that, were there a clear and easy bright line to be established in service of a judgment-free rule on this matter, someone may have stumbled upon it once in the past, oh, 150 years. And maybe even tried to implement it. They haven’t, of course. Probably because there was no need, what with Rule 6.05(m) sitting up there all nice and tidy and an army of judgment-armed umpires standing ready to enforce it should they be asked to.

Unfortunately, Major League Baseball has decided that eschewing set rules in favor of new ones is better. Rules about the time batters and pitchers should take. Rules about blocking bases. Rules about how long someone should be suspended for a first time drug offense. Late Selig and Manfred-era Major League Baseball has decided, it seems, that anything 150 years of baseball can do, it can do better. Or at least newer and without the input of people in the judgment-passing business like umpires and arbitrators and the like.

Why can’t baseball send a memo to the umpires and the players over the winter saying the following:

Listen up:

That rule about running into fielders that you all have already agreed to abide by in your respective Collective Bargaining Agreements? We’re serious about it now and WILL be enforcing it. If you break it, players, you’re going to be in trouble. If you refuse to enforce it, umpires, you’re going to be in trouble. Understood? Good.


Bobby M.

If players complain, they complain. They don’t have a say about established rules. If, on the other hand, your process of making new rules is easier than your process of simply enforcing rules you already have, your system is messed up and we should be having a whole other conversation.

Anti-Chase Utley signs at Citi Field were brutal and hilarious

Chase Utley sign

Obviously Chase Utley was not the most popular figure in Citi Field last night. The fans booed him like crazy and chanted for him to make an appearance after the game got underway.

They made signs too. Lots and lots of signs. The one at the top of this article is the only one the Associated Press saw fit to grab a photo of, it seems. But there were more and, unlike that one, they were less than tame.

My favorite one was this one, held by a girl about my daughter’s age. It’s direct. It’s totally unequivocal. It gets the point across:

There’s no arguing with that. Utley could show up with a team of lawyers and after five minutes in front of this girl he’d be forced to admit, both orally and in writing, that, yes, he Buttley.

The New York Post categorizes many more of them here. Including one that didn’t make it into the park which said “Chase Utley [hearts] ISIS.” It was confiscated by Citi Field personnel. Why?

The sign, which actually used a “heart” drawing for loves, was confiscated by Citi Field security after she got inside Monday night. Culpepper was annoyed but gave a frank explanation.

“My guess is Isis doesn’t want to be associated with Chase Utley,” she said, calling him, “my least favorite player ever.”

Somebody call the burn unit.

NLDS, Game 4: Dodgers vs. Mets lineups

Clayton Kershaw

Here are the Dodgers and Mets lineups for Game 4 of the NLDS in New York:

CF Kike Hernandez
2B Howie Kendrick
1B Adrian Gonzalez
3B Justin Turner
SS Corey Seager
RF Yasiel Puig
C A.J. Ellis
LF Justin Ruggiano
SP Clayton Kershaw

With a left-hander on the mound for New York the Dodgers are stacking the lineup with right-handed bats, using an outfield of Yasiel Puig, Justin Ruggiano, and Kike Hernandez rather than Andre Ethier, Carl Crawford, and Joc Pederson. Adrian Gonzalez and Corey Seager are the only lefty bats in the lineup. A.J. Ellis gets the start over Yasmani Grandal by virtue of being the personal catcher for Clayton Kershaw, who’s pitching on short rest.

RF Curtis Granderson
3B David Wright
2B Daniel Murphy
LF Yoenis Cespedes
C Travis d'Arnaud
1B Lucas Duda
SS Wilmer Flores
CF Juan Lagares
SP Steven Matz

Obviously facing Clayton Kershaw is much different than facing Brett Anderson, but they’re both lefties and manager Terry Collins is using the same lineup as Game 3 with one slight change: Travis d’Arnaud and Lucas Duda flipped in the batting order.