Former Roger Clemens Teammate Andy Pettitte Appears At His Perjury Trial

Andy Pettitte to be deposed in Brian McNamee’s defamation suit against Roger Clemens

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What, you thought this ended last year? Ha! Justice can move slowly in the criminal justice system, but it crawls like an injured sloth in the civil justice system. And that’s the system through which Roger Clemens’ former trainer — Brian McNamme — finds himself as he sues Clemens for defamation arising out of the events of early 2008.

You remember early 2008, don’t you? The Mitchell Report came out and Roger Clemens was accused as a user. Rather than shrug and have it be the end of things like it was for Andy Pettitte and others, Clemens launched a bizarre and ill-advised media campaign against his chief accuser, Brian McNamee, during which he called McNamee all manner of not nice things, with “liar” being the least of ’em. This was all occasioned by weird press conferences and appearances on “60 Minutes” and flawed power point presentations and taped phone calls and congressional testimony and, ultimately, a perjury trial which Clemens escaped without criminal conviction but without much of his reputation left intact.

Pettitte has been key to all of this, of course. Pettitte told McNamee that Clemens said he used HGH. McNamee told Congress and prosecutors that Pettitte said this. Then Pettitte walked into a criminal trial and created all of the reasonable doubt Clemens needed when he said he was only “50/50” as to whether Clemens ever admitted anything. I’m sure the government was pleased with all of that. Of course, he didn’t exactly change his testimony — everyone said he did but he didn’t. Whatever you think of that, though, his testimony made life kinda hard for everyone.

Despite all of this, lawyers are still willing to call him to take an oath about all of this. He could testify as early as next week. I’ll be curious to hear if he is any more sure of Clemens’ statements now than he was last year or five years ago.

No matter what happens here, I’m still trying to figure out how Brian McNamee proves damages out of all of this. Irrespective of who was telling the truth and who was lying (for the record I figure Clemens was lying and McNamee telling the truth), how does a person show reputation damages via defamation when the only reason anyone knows who he is is because he was listed in the Mitchell Report as one of the most famous purveyors of steroids in the country? A drug dealer who also wrote an article in the New York times lying his butt off about steroids. A lying, op-ed writing drug dealer who also was tied up in an alleged date-rate-drug sexual assault in a pool about which he later lied to police? How does that damages case even look?

“Ladies and gentlemen of the jury; my client was once thought of as a lying, drug dealing perv. Then along came Roger Clemens, who told the whole world that my client had never given him drugs! He’s been ruined by this! Please, see to it that he compensated for the loss of his good name.”

In short: even if he proves the lie, how does he prove the reputation damages?

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.