George Mitchell

Roger Clemens wants to call George Mitchell as a witness

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There’s a lot about Roger Clemens’ legal strategy that I’ve never understood, so I shouldn’t be surprised when something new comes up that makes me want to scratch my head:

 Former Sen. George Mitchell says Roger Clemens may call him to testify at his upcoming trial on charges he lied about drug use … Mitchell’s attorney filed court documents Thursday disclosing that his client is a potential defense witness and asking permission to make objections during his testimony.

The Mitchell Report had a lot of problems, but over-inclusive is not something that anyone has accused it of being. Indeed, apart from Clemens, I can’t recall anyone who was named in it that has seriously objected to their inclusion.

The real problem with it was that it only went after the low-hanging fruit (i.e. players who used a couple of drug dealers like Radomski, BALCO and McNamee) and gave the false impression that there were only 89 players who used PEDs, and now that those bad apples had been identified, they could be properly vilified and life can go on as if nothing had ever happened.

So if I’m the prosecutor, and I have a very well-respected former United States senator on the stand, called by the defendant, I simply walk him through the following:

Prosecutor: Senator Mitchell: apart from Mr. Clemens’ objections, have you, since the release of your report, been notified that your investigative team mistakenly included a player who had not, in fact, used performance enhancing drugs?

Mitchell: No.

Prosecutor: Not a single player?

Mitchell: No.

Prosecutor: Thank you, Senator.

Nah, that doesn’t move the needle too much, but it certainly doesn’t help Clemens to have the fact that there are no other erroneously-named players in the report entered into evidence. And Mitchell’s presence there will give gravitas to the anti-Clemens side of the room.

Not too late, Roger: you can decide not to call him.  Might be a good move to let him go. If you want to go after the Mitchell Report, call an expert who can poke holes in its methodology and conclusions in a way that doesn’t allow its well-respected namesake to come in and make it sound more credible than it really was.

Mitt Romney’s sons are trying to buy a stake in the Yankees

TAMPA, FL - AUGUST 30:  Tagg Romney son of Republican presidential candidate, former Massachusetts Gov. Mitt Romney gives an interview during the final day of the Republican National Convention at the Tampa Bay Times Forum on August 30, 2012 in Tampa, Florida. Former Massachusetts Gov. Mitt Romney was nominated as the Republican presidential candidate during the RNC which will conclude today.  (Photo by Chip Somodevilla/Getty Images)
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Mitt Romney built his professional life in Massachusetts and was once the governor of the state. As such, it is not surprising that he has long identified as a Red Sox fan. So this has to be troubling to him from a fan’s perspective. From Jon Heyman:

The Romney family is bidding to buy a small stake in the Yankees months after their try for the Marlins stalled. If the deal goes through, it is expected to be $25 million to $30 million per percentage point and thought to be interested in one or two percentage points. The Yankees are valued around $3 billion or more.

The effort is being led by Mitt’s son Tagg, one of his brothers and their business partners. Mitt’s spokesman tells Jon Heyman that he has nothing to do with it personally. Tagg Romney is reported to have been planning a bid for controlling interest in the Marlins, but that has fallen through.

I find this interesting insofar as the M.O. for the Steinbrenners has, for years, been to buy out minority shareholders in the Yankees, not seek more. Indeed, when George Steinbrenner bought the Yankees back in 1973 he held just a bare controlling interest and there were a ton of silent partners, most of which were back in Ohio and knew Steinbrenner from his shipping business. I’ve personally gotten to know some of them over the years as there are a handful of them in Columbus and I crossed paths with them in my legal career. They have almost all been bought out in the past couple of decades. They still get season tickets and World Series rings and stuff. You can tell them by their personalized Yankees plates and the fact that, within the first ten minutes of meeting them, they will tell you that they once owned a piece of the Yankees but got pushed out.

In light of all of that it’s interesting that the Steinbrenners are once again accepting bids for small stakes in the team. Especially from someone whose interest in controlling the Marlins suggests that they do not consider it to be a mere vanity investment. Makes me wonder what the Steinbrenners’ long term plans are.

Max Scherzer still can’t throw fastballs

WASHINGTON, DC - OCTOBER 13: Max Scherzer #31 of the Washington Nationals works against the Los Angeles Dodgers in the fifth inning during game five of the National League Division Series at Nationals Park on October 13, 2016 in Washington, DC. (Photo by Rob Carr/Getty Images)
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The Nationals will be many people’s favorites in the NL East this season. Not everything is looking great, however. For example, their ace — defending NL Cy Young winner Max Scherzer — can’t even throw fastballs right now.

The reason: the stress fracture he suffered last August is still causing him problems and Scherzer is unable to use his fastball grip without feeling pain in his right ring finger. He will throw a bullpen session tomorrow, but will only use his secondary stuff.

Scherzer has not been ruled out for Opening Day — the fact that he is throwing some means that his timetable isn’t totally on hold — but you have to figure, at some point, not being able to air things out and use his heater will lead to some problems in his spring training routine.