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?

Leonys Martin to be released from hospital

Leonys Martin
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Indians outfielder Leonys Martin will be released from the Cleveland Clinic on Sunday, according to comments from club president Chris Antonetti. Martin was hospitalized with a life-threatening bacterial infection several weeks ago, one that was said to have affected multiple organs and jeopardized Martin’s quality of life, as well as his career. The length of his recovery process is still undefined, Antonetti added, noting that there’s “no precedent for how to return to playing shape,” though it seems unlikely that he’ll be able to work back up to full strength before the season wraps up in September.

It’s been a tumultuous season for Martin, who also battled a left hamstring strain that cost him another four weeks on the disabled list earlier this year. He’s appeared in just six games with the Indians this season, collecting five hits and two home runs over 17 plate appearances. Taking into account his 78-game stint with the Tigers prior to the trade deadline, he slashed a combined .255/.323/.425 with 11 homers and a .747 OPS across 353 PA in 2018.

As the outfielder’s status is still up in the air for the time being, no significant roster changes appear to be in the team’s immediate future. Fellow outfielders Greg Allen and Rajai Davis will continue to split duties in center field during Martin’s absence. The 25-year-old rookie, Allen, has seen the bulk of the starts in center field over the last two weeks and is currently batting .243/.278/.305 with seven extra-base hits and a .583 OPS in his first full season at the major league level.