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

Leave a comment

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!

Jon Niese leaves start with knee pain

PHOENIX, AZ - AUGUST 17:  Jonathon Niese #49 of the New York Mets delivers a pitch during the first inning against the Arizona Diamondbacks at Chase Field on August 17, 2016 in Phoenix, Arizona.  (Photo by Jennifer Stewart/Getty Images)
Getty Images
Leave a comment

Mets starter Jon Niese left his start Tuesday night against the Cardinals due to left knee pain.

Niese walked two and gave up an RBI single before leaving with a trainer with one out in the bottom of the first inning. He was eventually charged with three earned runs. Robert Gsellman, just up from Las Vegas, took over, making his major league debut under unexpected circumstances.

Niese, who has not pitched well at all since coming over in a trade with the Pirates, is likely to be placed on the disabled list after the game or before tomorrow’s game.

Mark Trumbo’s home run streak ends

OAKLAND, CA - AUGUST 11:  Mark Trumbo #45 of the Baltimore Orioles hits an RBI single against the Oakland Athletics during the fourth inning at the Oakland Coliseum on August 11, 2016 in Oakland, California. The Baltimore Orioles defeated the Oakland Athletics 9-6. (Photo by Jason O. Watson/Getty Images)
5 Comments

Mark Trumbo still has many chances to hit a home run tonight — it’s only been an inning or so in the Nats-Orioles game — but his weird home run streak is over.

Coming into tonight’s game, Trumbo’s last seven hits had been homers. The all-time record had been 11, set by Mark McGwire back in 2001. The last time Trumbo got a hit that wasn’t a dong was back on August 11. Later in that game, however, he hit a grand slam. After that he went 6 for his next 34, with all those safeties dingers.

But that’s over now. In the first inning tonight he drove in a run with a two-out single. Then he was thrown out trying to stretch it to two. Good job on the RBIs, Mark. Bad job on the base running. Judgment withheld on the homer streak because, really, that’s just kind of weird and cool.