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!

Video: Aledmys Diaz hits a grand slam in remembrance of Jose Fernandez

ST. LOUIS, MO - JULY 21: Aledmys Diaz #36 of the St. Louis Cardinals hits an RBI single against San Diego Padres in the sixth inning at Busch Stadium on July 21, 2016 in St. Louis, Missouri.  (Photo by Dilip Vishwanat/Getty Images)
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Cardinals shortstop Aledmys Diaz was childhood friends with Marlins pitcher Jose Fernandez, so it was expected when Diaz took time away from the team on Monday to visit Fernandez’s family in Miami. They grew up on the same street in Cuba and played for the same youth baseball team and both would ultimately wind up playing Major League Baseball in the United States.

In the bottom of the fourth inning of Tuesday night’s game against the Reds, Diaz hit a 2-1 Robert Stephenson fastball out to left-center field for a no-doubt grand slam. Teammate Yadier Molina gave Diaz a tight hug as he crossed home plate.

Before Tuesday’s game, Diaz said that the best way to honor Fernandez was to play with his passion, as MLB.com’s Jenifer Langosch reports. Diaz said, “I only play for [Fernandez’s] family right now.”

Here’s the video.

AL East still mathematically undecided as Red Sox lose, Blue Jays win

NEW YORK, NY - SEPTEMBER 27:  David Price #24 of the Boston Red Sox pitches in the first inning against the New York Yankees at Yankee Stadium on September 27, 2016 in the Bronx borough of New York City.  (Photo by Jim McIsaac/Getty Images)
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The Red Sox would have clinched the AL East if one of two things happened on Tuesday night: the Red Sox themselves beat the Yankees, or the Orioles defeated the Blue Jays. Neither happened.

The Jays soundly took down the Orioles 5-1 behind six strong innings from Aaron Sanchez. Josh Donaldson went 2-for-2 with a two-run home run and a pair of walks and leadoff batter Ezequiel Carrera went 2-for-3 with a solo homer, an RBI single, a walk, and three runs scored.

Meanwhile, at Yankee Stadium, the Yankees outlasted the Red Sox for a 6-4 win, responding to both two-run innings the Sox had in the sixth and seventh with a run in the sixth and two in the seventh. Gary Sanchez hit his 20th homer of the season. Didi Gregorius and Tyler Austin also contributed dingers. Starter Luis Cessa pitched well, limiting the Sox to two runs over six innings on five hits and a walk with two strikeouts. Red Sox starter David Price struggled, yielding six runs in 6 1/3 innings. Yankees reliever Tyler Clippard got into trouble in the ninth inning but was able to wiggle out of trouble to finish out the game.

Once again, the Red Sox will be able to clinch the AL East on Wednesday with a win over the Yankees or a Blue Jays loss to the Orioles.