The difference between the Bonds and Clemens trials

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The New York Times has an article up this morning in which various legal experts talk about the differences between the Barry Bonds trial and the upcoming Roger Clemens trial. Both are for perjury and both are about steroids, but the folks the Times spoke with believe that the fact that Clemens is accused of lying to Congress might make things harder for the prosecutors. The harm — lying to an oddly politically-motivated Congress as opposed to a grand jury in the course of a criminal investigation — may seem more dubious to jurors, they say.

And then there’s the question of, well, the questions:

Michael N. Levy, another former prosecutor, said Clemens might have an advantage because members of Congress were not as skilled as federal prosecutors at questioning witnesses about criminal matters. As a result, his lawyers may be able to raise questions about whether Clemens really lied in response to imprecise questions.

That part seems nuts to me. The entire problem with the Bonds prosecution were the vague and rambling questions. Congress was awful at this when it came to the Sammy Sosa/Mark McGwire/Jose Canseco stuff — in my mind it’s Congress’ awful questioning which allowed Sosa to skate — but when Clemens was under oath he was asked multiple straight forward questions about his steroid use. And he gave multiple straight forward answers. Answers which were directly contradicted by Brian McNamee.

And while, yes, Brian McNamee has his own credibility issues — he’s primed for the always-wonderful “well, were you lying then or are you lying now, Mr. McNamee?” question — the fact that someone will take the stand and call Roger Clemens a liar when no one could do that to Bonds makes all the difference in the world.  Enough difference to where I think Clemens is in way, way more trouble than Bonds, regardless of the identity of the people he lied to.

Phillies’ Bryce Harper to miss start of season after elbow surgery

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PHILADELPHIA – Phillies slugger Bryce Harper will miss the start of the 2023 season after he had reconstructive right elbow surgery.

The operation was performed by Dr. Neal ElAttrache in Los Angeles.

Harper is expected to return to Philadelphia’s lineup as the designated hitter by the All-Star break. He could be back in right field by the end of the season, according to the team.

The 30-year-old Harper suffered a small ulnar collateral ligament tear in his elbow in April. He last played right field at Miami on April 16. He had a platelet-rich plasma injection in May and shifted to designated hitter.

Harper met Nov. 14 with ElAttrache, who determined the tear did not heal on its own, necessitating surgery.

Even with the elbow injury, Harper led the Phillies to their first World Series since 2009, where they lost in six games to Houston. He hit .349 with six homers and 13 RBIs in 17 postseason games.

In late June, Harper suffered a broken thumb when he was hit by a pitch and was sidelined for two months. The two-time NL MVP still hit .286 with 18 homers and 65 RBIs for the season.

Harper left Washington and signed a 13-year, $330 million contract with the Phillies in 2019. A seven-time All-Star, Harper has 285 career home runs.

With Harper out, the Phillies could use Nick Castellanos and Kyle Schwarber at designated hitter. J.T. Realmuto also could serve as the DH when he needs a break from his catching duties.