Rusty Hardin

Great Moments in litigation: Roger Clemens’ lawyer subpoenas stuff he knows he can’t get

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I won’t make too much out of this because when I read a couple of weeks ago that Roger Clemens had subpoenaed Congress in order to get notes and reports and whatever he could find, I didn’t think anything of it.  But the Daily News makes a good point today:  you can’t subpoena stuff from Congress that isn’t already a public record due to the immunity provided by the Speech and Debate clause to the Constitution.

And even if lazy ex-lawyers like me didn’t think about it at the time, Clemens’ lawyer Rusty Hardin should have because he’s been down this road before:

This is not Hardin’s first attempt to subpoena documents from a congressional committee. Hardin represented the giant auditing firm Arthur Andersen in 2002 when the company was indicted on obstruction of justice charges for shredding Enron-related documents.

The House Energy and Commerce Committee held a hearing on Andersen, which had signed off on Enron’s fraudulent finances for years. When Hardin tried to get documents from the Energy and Commerce Committee, as well as notes of an interview conducted with an Andersen employee who later became a cooperating witness for the Justice Department, he was denied. The committee refused to hand them over, and the federal judge presiding over the case refused to compel the panel to do so.

I suppose ineffective belt-and-suspenders subpoenas are harmless in and of themselves, but at some point I wonder if Clemens will ask himself how much money he’s willing to pay to avoid what will probably be three months in a minimum security federal camp. At the most.  I’m sure his legal bill is into the millions already and I’ve seen criminal lawyers budget a full 50% for the actual trial and aftermath.  At some point, you figure the vacation would do him some good, no?

Video: Jason Kipnis jokes around after Rougned Odor slides hard into second base

DETROIT, MI - JUNE 24:  Jason Kipnis #22 of the Cleveland Indians takes to the field for the ninth inning of a game against the Detroit Tigers at Comerica Park on June 24, 2016 in Detroit, Michigan. Kipnis hit two triples and drove in three runs in a 7-4 win over the Tigers. (Photo by Duane Burleson/Getty Images)
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You may recall that, back in May, Rangers second baseman Rougned Odor got into a fight with Blue Jays outfielder Jose Bautista. Bautista slid late into second base, with which Odor took issue, so he punched Bautista in the face. That earned him a seven-game suspension.

With one out in the fifth inning of Thursday’s game against the Indians, Odor reached on a fielding error by first baseman Mike Napoli. Jonathan Lucroy then hit into an inning-ending 6-4-3 double play. Odor slid hard into Jason Kipnis covering second base.

Kipnis, hearkening back to the Bautista fight, backed up as if he were afraid Odor would punch him. Odor got a good chuckle out of it, but it was the Rangers’ bench which perhaps enjoyed the joke most. The Rangers’ broadcast showing Adrian Beltre cracking up and telling his other teammates what had happened.

Carlos Gomez homered in his first at-bat as a Ranger

Carlos Gomez
AP Photo/Pat Sullivan
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Rangers outfielder Carlos Gomez made his debut with his new team on Thursday night after a brief stint with Triple-A Round Rock. He started in left field and was inserted into the number eight spot in the Rangers’ batting order.

The Rangers made two quick outs in the bottom of the second inning, with Adrian Beltre grounding out and Rougned Odor striking out. But the inning was kept alive as Jonathan Lucroy singled and advanced to second base on a wild pitch, and then Mitch Moreland walked to bring up Gomez.

Gomez took a first-pitch cutter from Josh Tomlin for a ball, then jumped on another cut fastball, drilling it for a no-doubt three-run home run into the seats in left field at Globe Life Park in Arlington (#29 out of 30 in Craig’s ballpark name rankings).

Here’s the video.