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?

Dodgers plan to tab Clayton Kershaw for Game 1 of World Series

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MLB.com’s Ken Gurnick reports that the Dodgers plan to tab ace Clayton Kershaw for Game 1 of the World Series. Nothing is set in stone yet ahead of Tuesday’s Game 1 of the World Series. In the event Kershaw can’t start Game 1, Rich Hill would start. Otherwise, Hill would start Game 4.

Kershaw, started Game 1 and Game 5 of the NLCS against the Brewers, then closed out Game 7 with a flawless inning. He was hit around to the tune of five runs (four earned) over three-plus innings in Game 1, but rebounded for seven innings of one-run ball in Game 5. He struck out two en route to sending the Dodgers to the World Series in the ninth inning of Game 7.

Kershaw also tossed eight shutout innings against the Braves in Game 2 of the NLDS. Overall, he has a 2.37 ERA in 19 innings this postseason. There was no doubt who would be the Dodgers’ first choice to start Game 1, but it’s a relatively recent situation where the ace of a team also closed out the final game of the previous series.

Hill has put up a 2.61 ERA in 10 1/3 innings this postseason. While he doesn’t have Kershaw’s pedigree, the Dodgers would be confident having him lead off the series. Hill was excellent down the stretch last year, helping the Dodgers reach Game 7 of the World Series against the Astros.

The Red Sox plan to start Chris Sale in Game 1 now that he’s recovered from a brief stint in the hospital due to a stomach ailment. The lefty has a 3.48 in 10 1/3 innings in the playoffs this year. He’s among a handful of candidates for the AL Cy Young award after posting a 2.11 ERA in the regular season, but his lack of innings (158) may hurt him.