Clemens’ lawyers wants a Congressman to take the stand

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Congressman Darrell Issa is now the chairman of the committee before which Roger Clemens appeared and allegedly perjured himself and which referred his testimony to prosecutors. Issa wasn’t the chairman at the time, however.  And at the time, he was highly critical of both the hearing itself and the referral for prosecution.

Indeed, he was extremely outspoken about it all, saying the following in newspaper articles at the time:

And then there is Issa, who ascended to chairman in 2011 after Republicans took control of the House. The California congressman had seemed perturbed that the committee was holding the hearing, saying it appeared too focused on alleged steroid use by an individual player.

“We’re not prosecutors, and we’re not supposed to worry about a former pusher and a former [alleged] user,” he said. “We’re supposed to be dealing with a whole industry that had a problem.”

He also described the hearings as a witch hunt. “We don’t really have a mandate to be looking at this,” he told New York’s Daily News. “To me, it smacks of the McCarthy era.” He later told the same newspaper that “this was all about entrapping Roger Clemens.”

There’s a battle on now to get Issa to take the stand in the Roger Clemens prosecution.  Clemens lawyers have subpoenaed him.  Issa is fighting the subpoena. The prosecutors are arguing it’s not relevant.  There will be a hearing on it all this week. How this cuts in my view:

  • It’s totally understandable why Clemens’ lawyers want Issa: they want to get him to slag on the prosecution like he did to the newspaper, to make jurors think this is all a waste of time;
  • That said, it’s hard to see how this is relevant. A congressional staffer already testified for the prosecution to establish whether or not the alleged perjury was “material.”  I suppose the defense has the right to offer its own evidence that the testimony was NOT “material,” but the stuff Issa said in that article doesn’t necessarily relate to that.  It relates to whether the hearing itself was useful or ill-advised.  If Issa is forced to testify, I could see a situation where he’d be barred from offering his opinions regarding the propriety of the hearing, even if he could talk about whether what Clemens said truly mattered;
  • As for Issa, he’s probably fighting the subpoena to avoid the awkward situation in which he’d risk calling his own committee’s work useless. I mean, he may think that particular hearing was, but the chairman of a committee likely doesn’t want to get into the business of doing this sort of thing. Not that it hasn’t happened before.  The linked article talks about past committee members testifying in referred prosecutions, sometimes on opposite sides of one another.

There are also some political overtones here in that Issa has been ripping Obama administration officials regarding responding to subpoenas while he’s trying to duck one of his own.  That kind of bores me, but the chatter surrounds it.  It’s made it juicy for the politicos anyway.

Fun times in the trial that will never end.

Yankees’ offense wakes up, leads way to 8-1 win vs. Astros in ALCS Game 3

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The Yankees’ offense finally woke up, scoring eight runs in Game 3 of the ALCS on Monday night while the pitching kept the Astros’ offense at bay. That came after scoring a total of two runs against Astros pitching in the first two games. For a recap of the Yankees’ scoring in Game 3, click here.

CC Sabathia wasn’t dominant, but he executed pitches when he needed to most, preventing the Astros from capitalizing on their opportunities. Overall, he gave up three hits and four walks while striking out five on 99 pitches. He’s the first pitcher, age 37 or older, to throw six shutout innings in the postseason since Pedro Martinez for the Phillies against the Dodgers in Game 2 of the 2009 NLCS. Monday’s start also marked Sabathia’s first career scoreless outing in the postseason — it was his 22nd postseason appearance.

Astros starter Charlie Morton couldn’t escape the fourth inning, when he allowed a run and loaded the bases before departing. Will Harris allowed all three inherited runners to score on Aaron Judge‘s three-run home run to left field. Morton was ultimately charged with seven runs on six hits, two walks, and a hit batsman with three strikeouts in 3 2/3 innings.

The Yankees’ bullpen held the fort after the sixth. Adam Warren worked a scoreless seventh. Warren returned in the eighth and retired the side in order, despite yielding a pair of well-struck balls to deep center field.

In the ninth, Dellin Betances walked both hitters he faced to start the frame. Unsurprisingly, manager Joe Girardi had a short leash and brought in Tommy Kahnle. Kahnle gave up a single to Cameron Maybin then struck out George Springer, but walked Alex Bregman to force in a run. Kahnle got Jose Altuve to ground into a 4-3 double play to end the game in an 8-1 victory, giving the Yankees their first win of the series.

The ALCS continues on Tuesday at 5 PM ET. The Astros will start Lance McCullers and the Yankees will send Sonny Gray to the hill.