Rusty Hardin

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


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?

Kyle Schwarber is on a private plane en route to Cleveland

PHOENIX, AZ - APRIL 07:  Kyle Schwarber #12 of the Chicago Cubs bats against the Arizona Diamondbacks during the MLB game at Chase Field on April 7, 2016 in Phoenix, Arizona.  (Photo by Christian Petersen/Getty Images)
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This is happening, people.

Earlier we heard Joe Maddon being non-committal about Kyle Schwarber joining the Cubs for the World Series. Now it seems pretty clear that the Cubs are committal indeed: Jon Morosi reports that Schwarber is en route to Cleveland from Arizona on a private jet and that he’s expected to DH in Game 1 tomorrow night.

Schwarber hasn’t played in a game that counted since April 7. His potent bat is could be a windfall for a Cubs team that didn’t have a game-changing option at DH in the American League park.

Schwarber lost the whole season due to a knee injury, but he hit .246/.355/.487 with 16 homers and 43 RBI in 69 games as a rookie in 2015. His big coming out party was in the playoffs, however, when he hit three homers in five postseason games while going 7-for-13 with two walks in five games.

Carlos Santana in left field? Sure, OK.

CLEVELAND, OH - OCTOBER 15:  Carlos Santana #41 of the Cleveland Indians celebrates after hitting a home run in the second inning against J.A. Happ #33 of the Toronto Blue Jays during game two of the American League Championship Series at Progressive Field on October 15, 2016 in Cleveland, Ohio.  (Photo by Maddie Meyer/Getty Images)
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Paul Hoynes of the Cleveland Plain Dealer reports that Indians First Baseman/DH Carlos Santana shagged some flyballs in left field during the Indians’ workout today.

Sure, why not? Santana has played one game in the outfield in his major league career and that was over four years ago, but the Indians will have to play in Chicago without the DH, meaning either losing Santana’s bat or that of Mike Napoli.

It would be up to Terry Francona to decide if that happens, but ultimately I don’t think he’ll make it real and, rather, will just forget about it, because Santana’s defense out there would in no way be smooth.

I’m sorry. I’m sick today and I’m on a lot of cold medicine.