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?

Cubs, Jake Arrieta to discuss contract extension in January

CHICAGO, IL - AUGUST 29: Jake Arrieta #49 of the Chicago Cubs scratches his beard as he walks back to the dugout at the end of sixth inning after giving up a three run home run to Gregory Polanco #25 of the Pittsburgh Pirates (not pictured) at Wrigley Field on August 29, 2016 in Chicago, Illinois.  (Photo by Jon Durr/Getty Images)
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Per ESPN’s Jesse Rogers, Jake Arrieta‘s agent Scott Boras says they’ll discuss a potential contract extension with the Cubs when they meet in January to hammer out arbitration figures.

Arrieta, 30, is entering his third and final year of arbitration eligibility after earning $10.7 million in 2016. The right-hander followed up his Cy Young Award-winning 2015 campaign by going 18-8 with a 3.10 ERA and a 190/76 K/BB ratio in 197 1/3 innings during the regular season. Arrieta pitched well in the postseason, helping the Cubs win their first World Series since 1908.

While Boras clients tend to go to free agency, it’s not always the case. Stephen Strasburg inked a seven-year, $175 million extension with the Nationals earlier this year.

Report: Koji Uehara close to signing with the Cubs

BOSTON, MA - OCTOBER 10:  Koji Uehara #19 of the Boston Red Sox pitches in the eighth inning against the Cleveland Indians during game three of the American League Divison Series at Fenway Park on October 10, 2016 in Boston, Massachusetts.  (Photo by Maddie Meyer/Getty Images)
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Evan Drellich of the Boston Herald reports, citing a source as well as Nikkan Sports, that reliever Koji Uehara is close to signing a one-year, $4.5 million deal with the Cubs.

Uehara, 41, finished the 2016 season with a 3.45 ERA and a 63/11 K/BB ratio over 47 innings. He missed some time in the second half with a strained right pectoral muscle. When Uehara returned from the disabled list on September 7, he tossed 11 scoreless innings with 12 strikeouts and two walks through the end of the regular season. So there’s at least some evidence, albeit in a very small sample size, that Uehara has stuff left in the tank.

The Cubs recently acquired closer Wade Davis from the Royals. Uehara would join Hector Rondon, Pedro Strop, Carl Edwards, Jr., Justin Grimm, and Mike Montgomery in what is once again a very deep bullpen.