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?

Another young fan was struck by a foul ball, this time at Guaranteed Rate Field

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ESPN reports via the Associated Press that a young boy was struck by a line drive foul ball but was not seriously injured during Sunday afternoon’s game against the Royals. The boy and a woman were escorted by a first aid crew to the concourse area and the boy was later eating ice cream in a luxury suite.

A woman was struck in the face by a foul ball also on the first base side at Guaranteed Rate Field on Friday, but she didn’t request medical assistance.

Last week, a young fan at Yankee Stadium was hit by a line drive foul ball, which motivated several teams to commit to extending protective netting at their ballparks. The Yankees, strangely, were not among them. Nor were the White Sox.

Diamondbacks clinch NL Wild Card

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Losses by the Cardinals to the Pirates and the Brewers to the Cubs on Sunday clinched an NL Wild Card berth for the Diamondbacks. Their walk-off, 3-2 win over the Marlins earned them hosting rights for the Wild Card game.

The D-Backs, now 90-66, trailed the Marlins 2-1 going into the bottom of the eighth. Daniel Descalso tied the game at two apiece with an RBI single off of Brad Ziegler. Second half hero J.D. Martinez secured the win with a walk-off RBI single in the bottom of the ninth against Javy Guerra.

The Rockies beat the Padres on Sunday to increase their lead over the Brewers (+2) and Cardinals (+2.5) for the second Wild Card slot. One of these three teams will visit Arizona for the Wild Card game.

The Diamondbacks are back in the playoffs for the first time since 2011, when they lost the Division Series in five games to the Brewers.