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Media & Entertainment Law

: Sports Law Blog

Rusty Hardin Needs to Stop Talking

By Rick Karcher, Michael McCann, Geoffrey Rapp, Greg Skidmore, and Howard Wasserman

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The latest from Rusty Hardin, Roger Clemens' lead attorney and possibly the worst example of the grandstanding lawyer we have seen in a while. Upon learning that the House Committee on Oversight and Government Reform had requested that DOJ open an investigation into possibly perjury or obstruction by his client, Hardin said:

Now we are done with the circus of public opinion, and we are moving to the courtroom, . . . Thankfully, we are now about to enter an arena where there are rules and people can be held properly accountable for outrageous statements.

Please spare me the righteous indignation. Hardin almost single-handedly created any "circus of public opinion" that he now decries. Hardin sent Clemens (or at least acquiesced in Clemens going) to the "60 Minutes" interview--specifically to win over the court of public opinion. It failed because most people who saw the interview did not believe Clemens. Then Hardin (allegedly) pushed for the congressional hearing to be held when both the chair and ranking member wanted to cancel--specifically to win over the court of public opinion by taking an oath and forcefully denying the allegations. Hardin also managed to get half the House Committee to meet privately with Clemens, hoping they would go easier on him in the hearing--thus making Clemens look better for the court of public opinion that would be watching. Both of these failed because most people who saw/heard the hearing still did not believe Clemens. And let's not forget that Hardin has basically dared DOJ to investigate Clemens by saying of the likely lead investigator that Clemens "would eat his lunch."

Everything Hardin has done for the past three months has been designed to win i the court of the public opinion. He does not mind the circus. The problem is the court of public opinion that Hardin has tried so hard to win over simply does not believe his client.

Full post as published by Sports Law Blog on February 28, 2008 (boomark / email).