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?

ALDS, Game 1: Rangers vs. Blue Jays lineups

Toronto Blue Jays' starting pitcher David Price works against the Baltimore Orioles during first inning of a baseball game in Toronto, Saturday, Sept. 5, 2015. (Darren Calabrese/The Canadian Press via AP) MANDATORY CREDIT

Here are the Rangers and Blue Jays lineups for Game 1 of the ALDS in Toronto:

CF Delino DeShields
RF Shin-Soo Choo
3B Adrian Beltre
DH Prince Fielder
1B Mike Napoli
LF Josh Hamilton
SS Elvis Andrus
2B Rougned Odor
C Robinson Chirinos

SP Yovani Gallardo

With left-hander David Price on the mound for Toronto the Rangers are going with Mike Napoli at first base over Mitch Moreland. Beyond that it’s a pretty standard lineup for Texas, or at least standard for what manager Jeff Banister used down the stretch once Josh Hamilton was healthy enough to play left field.

LF Ben Revere
3B Josh Donaldson
RF Jose Bautista
DH Edwin Encarnacion
SS Troy Tulowitzki
1B Justin Smoak
C Russell Martin
2B Ryan Goins
CF Kevin Pillar

SP David Price

After returning from the disabled list for the final weekend of the regular season Troy Tulowitzki is in the lineup and batting fifth. That allows Ryan Goins to play second base in place of the injured Devon Travis. Justin Smoak gets the nod over Chris Colabello at first base against a right-hander.

Astros leave Chad Qualls off playoff roster, add Preston Tucker

Chad Qualls Getty
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Houston made one unexpected change to the roster for the ALDS, leaving off veteran reliever Chad Qualls.

Qualls warmed up but never appeared in the Wild Card game win over the Yankees and during the regular season the 36-year-old right-hander logged 49 innings with a 4.38 ERA and 46/9 K/BB ratio. Qualls was on the Astros’ last playoff team in 2005.

Utility man Jonathan Villar has been bumped off the roster in favor of outfielder Preston Tucker, as the Astros opted for a good left-handed bat off the bench versus the Royals rather than Villar’s speed.