Rusty Hardin

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?

Report: Astros remain in contact with the Athletics on Sonny Gray

OAKLAND, CA - AUGUST 06: Sonny Gray #54 of the Oakland Athletics pitches against the Chicago Cubs during the first inning at the Oakland Coliseum on August 6, 2016 in Oakland, California. (Photo by Jason O. Watson/Getty Images)
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The Astros remain in contact with the Athletics on starting pitcher Sonny Gray, Ken Rosenthal of FOX Sports reports. The Astros have added Charlie Morton this offseason, but the club has been trying to add a big-name starting pitcher to put at the top of the rotation behind Dallas Keuchel.

Gray, 27, was limited to 22 starts in the 2016 season due to a forearm issue. His stats left a lot to be desired, as he finished with a 5-11 record, a 5.69 ERA, and a 94/42 K/BB ratio over 117 innings. Considering how Gray pitched in the previous three years, he’s a good bet to bounce back.

Gray is under team control through 2019, which is a big draw for the Astros. Needless to say, the Athletics would want a haul in terms of prospects. Gray will earn $3.575 million in 2017, having avoided arbitration in his first year of eligibility.

President Obama Welcomes the Cubs to the White House

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As we noted last week, The Chicago Cubs took the unusual step of not waiting until the summer after winning the World Series to make their customary White House visit to meet the president. They did it today, seeing President Obama a few short days before he leaves office.

Despite the fact that Obama is a White Sox fan, he met the Cubs with diplomacy and grace. It’s almost as if he’s been in that business for the past eight years. In return, he was given some gifts by the Cubs: Theo Epstein presented Obama with a No. 44 Cubs jersey, a tile from the center field scoreboard at Wrigley Field, and a lifetime pass to Wrigley as well.

Obama is staying in D.C. after he leaves office this week, hanging around so his daughter can finish high school in the same place she started. Even so, he’s likely going to be back to Chicago a good bit over the rest of his life, so he’ll likely be able to put the free pass to work. Assuming it comes with, like, six companion passes for his Secret Service detail.