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Legal Commentary

: Prawfs

The (Party) Politics of Steroids

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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A question for anyone who watched, listened, or read about Wednesday's hearings before the House Committee on Oversight and Government Reform featuring Roger Clemens and his former trainer and current accuser, Brian McNamee:

What explains the apparent party-line split as to who seems to believe and support Clemens and who seems to believe McNamee? McNamee was attacked (quite personally, actually) by Republicans Dan Burton (who called him a liar), Christopher Shays (who called him a drug dealer), and ranking member Tom Davis (who acted as Clemens' counsel at a couple of points, jumping in to counter challenging questions directed at Clemens and asking the toughest questions of McNamee). Sharp questions were directed at Clemens by Democrats Henry Waxman and Elijah Cummings. One legal commentator expressed doubt that any request to investigate one or the other for perjury or lying-to-Congress would have bipartisan support.

Why the divide?



Update: Thursday, 12:15 a.m. C.S.T.:

A friend who prefers to remain anonymous e-mails the following suggestion:

Of the 14 Republicans on the committee, nine are from states that do not have baseball teams (eight if you view the Washington Nationals as Virginia's team) and they are likely to be Yankee fans, since they have no geographic allegiance and the Yankees tend to attract fans from all around the country. Plus there is one GOP member from New York and one from Texas (where Clemens played and lives). By contrast, only six of 23 Democrats are from states that do not have baseball teams.

Interesting to think that it is not craven politics at work, but craven sports fandom. But fandom could explain the breaks from partisan divide: New York Dems Edolphus Towns and Carolyn Maloney each took time before or during the hearing to fawn over Clemens. And maybe John Tierney (D-MA) was motivated not by party politics in his criticism of Clemens, but by Clemens bailing on the Red Sox and then rejuvinating his career in Toronto and New York (albeit perhaps with help, which is why we are here in the first place).

Full post as published by Prawfs on February 13, 2008 (boomark / email).

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