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?

Rays acquire Sergio Romo from Dodgers

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The Rays acquired right-handed reliever Sergio Romo from the Dodgers, the teams announced Saturday night. Tampa Bay manager Kevin Cash hinted that the team was in on Romo during the offseason, but couldn’t quite make a deal happen at the time. The righty reliever was designated for assignment by the Dodgers on Thursday and will net the club cash considerations or a player to be named later.

Romo, 34, struggled to find his footing in his first season with the Dodgers. He left a closing role in San Francisco to play set-up man to established closer Kenley Jansen, and saw mixed results on the mound with a 6.12 ERA, 4.3 BB/9 and 11.2 SO/9 through his first 25 innings of 2017. It’s a far cry from the sub-3.00 ERA he maintained in 2015 and 2016, but the Rays don’t seem to have ruled out a second-half surge just yet.

The veteran right-hander is expected to step into a bullpen that already boasts a solid core of right-handed relievers, including Alex Colome, Brad Boxberger, Erasmo Ramirez, Chase Whitley and Tommy Hunter. According to FOX Sports’ Ken Rosenthal, the Rays were intrigued by Romo’s extensive postseason experience, affordability and hefty strikeout rate, but will likely continue to hunt for additional bullpen depth in the weeks to come.

Colin Moran is carted off the field after taking a foul ball to the eye

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Astros’ third baseman Colin Moran was carted off the field on Saturday night after a foul ball caught him in the left eye. He was forced to leave in the sixth inning when a pitch from Orioles’ right-handed reliever Darren O'Day ricocheted off the handle of his bat and struck him in the face, causing considerable bleeding and bruising around his eye. The full extent of his injury has yet to be reported by the team.

Prior to the injury, Moran was 1-for-2 with a base hit in the third inning. He was relieved by pinch-hitter/third baseman Marwin Gonzalez, who polished off the end of the at-bat by catapulting a three-run homer onto Eutaw Street.

Evan Gattis and Carlos Beltran combined for another two runs in the ninth inning, bringing the Astros to a four-run lead as they look toward their 65th win of the season. They currently lead the Orioles 7-4 in the bottom of the ninth.