Legal Commentary

The aftermath of the Clemens hearing

By Tom Kirkendall

Many folks have been asking me about my thoughts on the Roger Clemens saga, but I am so disappointed with the abysmal level of discourse regarding the issues involved with the use of PED's in sports and society that I find it hard to drum up much enthusiasm for addressing it. Compare the discussion of the issues from this earlier post with this live blog analysis of the questions and answers from Clemens hearing and you will see what I mean. Sort of makes you want to whipsaw the committee in the same manner as this Colman McCarthy/Washington Post op-ed, doesn't it? Art DeVany expresses similar sentiments.

Although I expressed reservations early on about the unconventional way in which Clemens' legal team has been defending the matter, I don't think the hearing measurably increased Clemens' risk of being charged criminally. In fact, in an odd way, the hearing may have actually mitigated that risk somewhat.

McNamee came across as such a manipulator that my sense is that it's doubtful that prosecutors would base a criminal case against Clemens primarily on McNamee's testimony. Thus, unless investigators come up with a conduit of the PED's who is willing to testify that the PED's were delivered to Clemens and McNamee, Clemens may avoid criminal charges. He is certainly not out of the woods yet, but the Congressional hearing probably hurt him more in the court of public opinion than it did with regard to a potential criminal case (Update: Peter Henning agrees with me).

Nevertheless, I'm not yet ready to bet on that prediction. At least without long odds in my favor.

Full post as published by Houston's Clear Thinkers on February 14, 2008 (boomark / email).