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?

Steven Matz likely to start season on DL; Zack Wheeler to adhere to innings limit

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Mets manager Terry Collins said on Wednesday, “It’s unlikely that [Steven Matz] will start the season with us.” The final spot in the Mets’ starting rotation will go to either Zack Wheeler or Seth Lugo, Newsday’s Marc Carig reports.

On Wheeler’s innings limit, assistant GM John Ricco said, “There’s going to be some number but we don’t exactly know what that is.” Wheeler missed the last two seasons after undergoing Tommy John surgery.

Neither Wheeler nor Lugo have had terrific springs as each carries a 5.11 and 5.56 Grapefruit League ERA, respectively. However, Carig notes that Wheeler has impressed simply by appearing healthy and brandishing a fastball that once again sits in the mid- to high-90’s. Lugo, meanwhile, proved crucial to the Mets last year, posting a 2.67 ERA across eight starts and nine relief appearances.

Rockies sign 30-year lease to stay in Coors Field

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Nick Groke of the Denver Post reports that the Rockies agreed to a $200 million, 30-year lease with the Metropolitan Baseball Stadium District, which is the state division that owns Coors Field. As part of the deal, the Rockies will lease and develop a plot of land south of the stadium, which will cost the team $125 million for 99 years.

As Groke points out, had the Rockies not reached a deal by Thursday, March 30, the lease would have rolled over for five more years.

Rockies owner Dick Monfort issued a statement, saying, “We are proud that Coors Field will continue to be a vital part of a vibrant city, drawing fans from near and far and making our Colorado residents proud.”

The Rockies moved into Coors Field in 1995. It is the National League’s third oldest stadium. In that span of time, the Rockies have made the playoffs three times, the last coming in 2009 when they lost in the NLDS to the Phillies. The Rockies were swept in the 2007 World Series by the Red Sox.