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?

CC Sabathia wants to pitch beyond 2017

BOSTON, MA - SEPTEMBER 18: CC Sabathia #52 of the New York Yankees pitches during the fifth inning against the Boston Red Sox at Fenway Park on September 18, 2016 in Boston, Massachusetts. The Red Sox won 5-4. (Photo by Rich Gagnon/Getty Images)
Rich Gagnon/Getty Images
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CC Sabathia‘s contract with the Yankees expires after the 2017 season but the lefty feels that he has enough left in the tank to pitch in 2018 and beyond, Mark Feinsand of the New York Daily News reports.

Sabathia said, “I just know myself. I know I feel like it’s not my time yet. Barring any crazy injuries I know I can pitch past next year. I feel like this is just the beginning of what I’m trying to do. I feel like there’s a lot more still to learn and a lot better to get. It’s exciting.”

The 36-year-old lefty currently holds a 4.02 ERA and a 144/63 K/BB ratio in 172 1/3 innings. It’s his best and healthiest season since 2012. He battled a knee injury last season and checked into rehab for alcohol addiction last October. Sabathia said that being treated for his addiction put him “in a good spot.”

Sabathia is owed $25 million through a vesting option for the 2017 season.

Red Sox lose on Mark Teixeira’s walkoff grand slam, but still clinch AL East

NEW YORK, NY - SEPTEMBER 28:  Dustin Pedroia #15 and pinch runner Marco Hernandez #41 of the Boston Red Sox celebrate after both scored in the eighth inning against the New York Yankees at Yankee Stadium on September 28, 2016 in the Bronx borough of New York City.  (Photo by Jim McIsaac/Getty Images)
Jim McIsaac/Getty Images
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The Red Sox can thank the Orioles for not having to fight to clinch the division on Thursday or later. The Orioles came from behind to defeat the Blue Jays 3-2 on Wednesday evening, clinching the AL East for the Red Sox.

A few minutes after that game went final, the Red Sox squandered a 3-0 lead taken in the eighth inning, culminating in a walk-off grand slam by Mark Teixeira in the bottom of the ninth inning. Closer Craig Kimbrel started the ninth, but didn’t have control over any of his pitches. He allowed a leadoff single followed by three consecutive walks to force in a run. Joe Kelly relieved Kimbrel and seemed to be close to wriggling out of the jam, getting Starlin Castro to strike out looking and Didi Gregorius to pop up. But after starting Teixeira with a first-pitch curve ball for a strike, Teixera clobbered a 99 MPH fastball, sending it over the fence in right-center to end the game.

For the Yankees, the come-from-behind victory was crucial as it staved off Wild Card elimination for one more day.

This is the first time the Red Sox have clinched the AL East since 2013, also the last year they won the World Series.