Roger Clemens leaves the federal courthouse with attorney Rusty Hardin in Washington

Clemens’ lawyers wants a Congressman to take the stand


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.

The Mets break out the whuppin’ sticks, rout the Dodgers 13-7

Cespedes d'Arnaud

So often in life the anticipation of something outpaces its reality. For Mets fans tonight, it was the exact opposite. They had a grand old time. The Mets broke out the lumber and overwhelmed the Dodgers 13-4 to take a 2-1 lead in NLDS.

So much of that anticipation was about revenge, really. Hitting Chase Utley if he was in the lineup, perhaps, or at the very least sending some sort of retaliatory message the Dodgers’ way in response to Utley breaking Ruben Tejada‘s leg on Saturday. But with Utley out of the lineup — and the notion that base runners matter a whole heck of a lot in a playoff game — Matt Harvey just set out to pitch, not plunk. And Mets hitters set out to beat the living heck out of Brett Anderson and a couple Dodgers relievers. Living well is the best revenge, and for a major league team, winning baseball games is living well.

It didn’t start out so well for Harvey, as Yasmani Grandal singled in two runs in the top of the second with a third run scoring on a Curtis Granderson error on the same play. It was 3-0 Dodgers early and Mets’ fans sphincters’ clenched. But only momentarily.

The Mets came right back in the bottom of the second with four runs with a Travis d'Arnaud single and a bases-loaded, bases-clearing double from Curtis Granderson. In the next inning d’Arnaud hit a two-run shot. In the fourth Daniel Murphy singled in a run and Yoenis Cespedes hit a three-run bomb to left to make it 10-3. The Dodgers got one back in the top of the seventh but New York scored three more of their own in the bottom half. It was never a ballgame after the third inning.

Brett Anderson was the author of the damage through three, Alex Wood gave up the four runs in the fourth and hung on in the fifth in what became mop-up duty. Harvey was done after five and took the win. He wasn’t necessarily sharp, but he did strike out seven and was good enough. Some late damage from the Dodgers, including a three-run homer in the ninth from Howie Kendrick, was too little, too late. Granderson and d’Arnaud did the damage for New York, driving in five and three runs, respectively.

Once the competitive portion of this game was over, the Mets’ crowd turned to more important matters. Chanting things like “We want Utley!” Don Mattingly didn’t give him to ’em, probably because there was no downside to smacking him after the game got out of hand. But no upside either. Because of that stuff about living well, remember?

Now it’s on Clayton Kershaw to save the Dodgers from elimination [looks at watch] tonight, technically. If he doesn’t, his detractors will write another page in their Big Book of Clayton Kershaw Playoff Failures. If he does, we get a Game 5 back in Los Angeles.

Maybe Chase Utley gets into one of those.

Jake Arrieta beatable, but still unbeaten

Jake Arrieta
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Jake Arrieta gave up as many earned runs Monday against the Cardinals as he had in his previous 13 starts combined, yet the Cubs still won 8-6.

It’s the 15th straight time the Cubs have won a game started by Arrieta, who is set to finish first or second in the Cy Young balloting announced next month. Their last loss in an Arrieta-pitched game was when the Phillies’ Cole Hamels no-hit them on July 25. They won the previous four before that, too, so make it 19 of 20.

The outing could go down as Arrieta’s last of the season, though that would require the Cardinals beating the Cubs in back-to-back games to finish the NLDS. The more likely scenario at this point is that Arrieta starts Game 1 of the NLCS against the Dodgers or Mets.

Arrieta, though, was vulnerable in this one, turning in his shortest start since June. Even in the shutout of Pittsburgh in the wild card game, the Pirates had chances in the middle innings (most notably before Starling Marte‘s well-hit grounder with the bases loaded turned into a double play in the sixth).

Tonight, he walked two in a row at one point, after not walking a single batter in his previous three starts. He gave up his first homer in six starts. The wind was a factor in tonight’s eight-homer barrage, but Jason Heyward‘s two-run shot off Arrieta went against the grain in left-center.

So, if nothing else, the illusion of impenetrability is now gone. Arrieta can be gotten to, if primarily in short bursts. That’s not going to do anything for the Cardinals — at least not unless Arrieta is called on to pitch an inning or two in Game 5 — but it’ll probably come into play later in the postseason.

Ding-Dong! The Cubbies ride homers to a 2-1 series lead

Jorge Soler

The wind was blowing out of Wrigley Field on Monday night, but mostly for the home team. Makes you think that maybe, just maybe, it wasn’t all about the wind.

The Cubs hit six homers off of Cardinals pitching, one each from each of the first six batters in their lineup. Three of them came against Michael Wacha, who Mike Matheny inexplicably let bat for himself in the top of the fifth and take the hill in the bottom of the fifth and on to a third time through the Cubs’ order. He was shaky as it was, and quickly put a runner on and then allowed a two-run homer to Kris Bryant to make it 4-2. One batter later Kevin Siegrist came in and let Anthony Rizzo take him VERY deep to right field to make it 5-2.

Jason Heyward made it interesting in the top of the sixth with a two run shot to make it a one-run game but then Jorge Soler hit a two run shot in the bottom half and Dexter Fowler hit one in the eighth to make it 8-4. You can’t trade solo shots for multiple two-run jobs. You wanna get the Cardinals? Here’s how you get ’em. They pull a knife, you pull a gun. They send one of yours to the hospital, you send one of his to the morgue! They hit a solo homer, you hit a bunch of two-run shots. That’s the Chicago way, and that’s how you get the Cardinals!

Not that the Cardinals didn’t do a lot. They scored four runs in five and a third against Jake Arrieta, who hadn’t been damaged like that since June 16. But five Cubs relievers held mostly firm. You tell me before the game that they got to Arrieta like that and I tell you they won. But nope.

Now it’s 2-1 Cubs in a best of five. They go tomorrow with Jason Hammel and try to eliminate the Cards. Who had best figure out how to counter the Cubs’ power.