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?

Anthony Alford to miss 4-6 weeks following wrist surgery

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Blue Jays’ outfielder Anthony Alford will miss at least 4-6 weeks after undergoing surgery on his left wrist, the team announced on Saturday. Alford was placed on the 10-day disabled list earlier in the week after sustaining a left hamate fracture on a foul pitch, and could miss significant time in what looks to be a lengthy rehab process. MLB.com’s Gregor Chisholm reports that the procedure has been scheduled for next week and will be performed by Dr. Donald Sheridan in Arizona.

Alford, 22, was called up to the majors from Double-A New Hampshire last Friday. He went hitless in his first three outings, finally catching a break against the Brewers on Tuesday when he pinch-hit a leadoff double in the seventh. The injury occurred two innings later when Alford fouled off a pitch in the ninth inning, fracturing his wrist in the process.

Alford will join eight other players on the Blue Jays’ disabled list, including outfielders Steve Pearce (calf strain), Dalton Pompey (concussion) and Darrell Cecillani (partial shoulder dislocation). He’s expected to be replaced by 24-year-old outfield prospect Dwight Smith Jr.

Stephen Strasburg hit a new career high today

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Good luck getting a hit against the Nationals this weekend. Stephen Strasburg followed Max Scherzer‘s 13-strikeout performance on Friday with a dazzling outing of his own on Saturday afternoon. The right-hander whiffed a career-best 15 batters in seven innings, allowing just three hits and a walk in the Nats’ 3-0 win.

It took Strasburg several innings to get into a groove after pitching into (and out of) a jam in the first inning. The Padres loaded the bases with Allen Cordoba‘s leadoff single, a throwing error by Ryan Zimmerman and a four-pitch walk to Cory Spangenberg. By the third, Strasburg was cruising, striking out the side on 18 pitches and keeping the Padres off the basepaths until the sixth. He recorded his 15th and final strikeout in the seventh inning, catching Padres’ prospect Franchy Cordero swinging on a 1-2 pitch to effectively end his outing.

While 15 strikeouts set a new career record for the Nationals’ ace, he came close to reaching the mark twice before. The first time, he struck out 14 of 24 batters during his major league debut against the 2010 Pirates, though the 5-2 win did little more than keep the Nationals neck-and-neck with the Marlins at the bottom of the NL East. Five years later, he tied his 14-strikeout record against the 2015 Phillies, tossing a one-hitter in eight innings to cement his ninth victory of the season.

The only one who doesn’t seem overly enthused by the new record? Strasburg himself, who told MLB.com’s Jamal Collier and AJ Cassavell: “It’s pretty cool, but there’s another game five, six days from now. I’ll enjoy it tonight, but back to work tomorrow.”