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Monday, January 07, 2008

Clemens Files Defamation Suit Roger Clemens beat Brian McNamee to court, filing a defamation suit against the former trainer who claimed to have injected him with performance-enhancing drugs.

Comments

One of the main reasons why i posted this is that everyone said that if clemens was truly innocent he would have sued mcnamee. I think that argument is bull, so i'm interested to see what those who used that argument think now. Not that i think clemens is innocent. I just think the idea that someone will always sue to protect their integrity is a weak argument.

Good luck, Roger. Here's hoping that your telling the truth and that your name will be cleared. /crosses fingers

In short, we're witnessing a "legal" version of a game of "chicken." Each side is trying to make the other blink or back down with the threats of all these lawsuits. Problem is, Rocket will lose all the respect he has left if he loses, so that should be considered here with what he just did today. If he really did take all those steroids, you can bet McNamee is going to present the proof in court, and not just the Mitchell report either. This is as tough a jam as he's been in during his career, and he's going to need far more than steroid-powered high heat. If he's drug-free, the Wallace interview should've been enough. If he's juiced like McNamee's been saying, the lawsuit is nothing more than a bluff; high-and-inside fastballs when he needs to just go down the middle with everyone in this crisis.

I'm with you on this, brainofdtrain. This might be the first time that anything negative about Rocket has reached his ears. He's long had more money than any of his teammates (or many deities, for that matter), and he's never been one to shy away from surrounding himself with sycophants and fartcatchers. Seriously, this might be the first time he's not getting his own way, and that's why he's throwing a very unbecoming tantrum. I truly believe he feels he can bluff his way out of this one, because he has never, not once, not been able to bluff his way out of anything in the past. The concept of him being wrong about anything is inconceivable to him, which is where all the why-me and after-all-I've-given-you histrionics come from. He spoke the night before with McNamee, and I'd bet a dollar that Rocket only heard what he wanted to. I'd bet that Rocket tried to throw a large financial under-the-table offer at McNamee to hush him up, and that McNamee turned him down. (Perjury's a bitch, bro, and not everyone has a friend like Greg Anderson.) Rocket's not going to win this case. Even if he gets a settlement out of it, which I doubt, it'll be merely a technical and pyrrhic victory. And I never want to hear Rusty Hardin speak again. Whatever he says, I find myself believing the exact opposite.

I gotta agree, chico. Clemens throwing mud at McNamee isn't seeing the forest for the trees. Cheating at baseball via the use of performance enhancers is being taken very seriously by the public in general, much more than anyone will admit. If that were me being fingered, I'd be busting my tail trying to clear my name instead of using the media to fuel a name-calling battle. This should've been answered within an hour after the Mitchell report was released, not a month. No wonder nobody believes Roger. What a waste of a great career. Rocket has nobody to blame except for the man in the mirror.

If it is a bluff, it might work. Where exactly is the burden of proof in a defamation suit, and what is the standard of proof, anyway? Truth is obviously a defense, so if McNamee can prove the truth of his allegations in court, Clemens is completely sunk -- but what if he can't?

Not that i think clemens is innocent. I just think the idea that someone will always sue to protect their integrity is a weak argument. It depends on whether Clemens drops the suit or not. If he allows it to get to depositions, where McNamee's attorneys will be able to question him under penalty of perjury, it's time to start considering the possibility that Clemens is telling the truth. Until then, though, filing a suit could just be a move in a PR war. Where exactly is the burden of proof in a defamation suit, and what is the standard of proof, anyway? If it's anything like libel, public figures like Clemens will have a tough time winning.

I thought we lived in a country where you are innocent until proven guilty. As I see it nobody has proven anything on either side of the fence yet. And by the away, Rusty Hardin is paid to speak out. All I have heard from Rusty is him defending his client, maybe someone has heard more than that. Ithink that is earning his retainer fee. There were countless numbers of players in MLB not on the Mitchell report that we all know were juicing. Why is nothing said about that? I have not heard anybody bad mouth the Mitchell report as false, even knowing the guy that put it together was on the board of the Boston Red Sox, and made big,big money for authoring the report. I suppose he was paid by Bud and the boys. And I'm sure you all trust big Bud, HA HA! I'm not defending anybody in this circus, but lets face it, it is all crap. And the SAD, SAD true fact of the matter is MLB would be dead without performance inhancing drugs. Maybe someone should put big Bud in front of a Grand Jury and ask him for the truth, and watch his nose grow then. One more thing, isn't Bud affiliated with some team in MLB ? iT'S ALL A BUNCH OF CRAP. I guess my question to all is can MLB ever recover again and be the sport it once was, I don't think so. I would like to hear some opinions on that.

I thought we lived in a country where you are innocent until proven guilty. [...] There were countless numbers of players in MLB not on the Mitchell report that we all know were juicing. Classic!

Explain Classic Doc, I'm confused.

I guess my question to all is can MLB ever recover again and be the sport it once was I have no doubt that it can. Honestly, this is a scandal, but I don't think most baseball fans will care about it in two years anymore than voters cared about Marion Barry's prison time a few years back...

One of the main reasons why i posted this is that everyone said that if clemens was truly innocent he would have sued mcnamee. I think that argument is bull Everyone? I think that's bull. That would be number 100 on why I believe he's guilty. Not to mention we'll have to see where this goes before giving it any great weight. It depends on whether Clemens drops the suit or not. If he allows it to get to depositions, where McNamee's attorneys will be able to question him under penalty of perjury, it's time to start considering the possibility that Clemens is telling the truth. I hate the guy, and I think he's guilty, but I think there's a possibility he's not guilty. And if he's not guilty, I wish that would come out so we could move on to other topics like his record in decisive playoff games /snark. And just as I'm willing to consider the possibility that he didn't do it now I disagree with the idea that if he testifies under oath it changes everything. If he truly believes that there's no hard evidence that can back up the charges, no way to prove he's not lying, then he's hard headed enough to go through with it.

I guess my question to all is can MLB ever recover again and be the sport it once was I posted a link not too long ago that pointed to ticket sales going through the roof. Baseball is fine right now. The idea that it's in trouble is only in your head.

If anyone watched the 60 Minutes interview,it seemed to me that he answered some of those questions in a round about way trying to avoid some of the questions such as the one about the lie detector test.I personally think Clemens is as guilty as anyone else mentioned.He went out and filed a lawsuit and is trying to clear his name in that form of way.I guess they are all innocent until proven guilty,but this has tarnished the game of baseball and all the players mentioned to the point where it'll be hard to clear not just Clemens' name,but all that have been mentioned.

Rusty Hardin may be defending his client, but there's a way to quote your party line without losing your own credibility in the process. He might be saying exactly and exclusively what Rocket tells him to say, but not only is that not really addressing the issues facing his client, but it makes him sound (to me, anyway) like a tone-deaf blowhard. That may be what Rocket likes about him, but this is one of those times where maybe a little bit of honey would go a lot further than a mound of manure.

I thought we lived in a country where you are innocent until proven guilty. [...] There were countless numbers of players in MLB not on the Mitchell report that we all know were juicing. Practically in the same sentence you declare innocent until proven guilty, then in next breath, you say, I know there are players using steriods. If, you know these players, give names and proof.

I don't think most baseball fans will care about it in two years I'm having a hard time caring about it right now. Until baseball itself steps up and proves to me once and for all it cares and wishes to do something substantial about the issue, I'll do what I've been doing for years. Watch and follow the game on the field, which is still a pretty good game.

able to question him under penalty of perjury, it's time to start considering the possibility that Clemens is telling the truth. That possibility did not stop Bill Clinton from lying. And the SAD, SAD true fact of the matter is MLB would be dead without performance inhancing drugs. Nothing could be farther from the truth. Baseball, like any other sport draws it's appeal from competition (i.e, teams struggling as equals to produce a final, decisive result). If a team of juiced up roid freaks beat up on everyone else, no one would want to watch - or - if they did watch, it would be to witness a David take down a giant. have not heard anybody bad mouth the Mitchell report as false, even knowing the guy that put it together was on the board of the Boston Red Sox, and made big,big money for authoring the report. I suppose he was paid by Bud and the boys. How can you believe that Clemens would be a fool to risk everything to support a lie yet believe that Mitchell would be such a fool? Mithcell would stand to destroy himself and everthing that he has worked for over a lifetime by producing a report that he had good reason to know was false. Why would he take that risk? Concerning Mitchell's association with the Red Sox, the fact of the matter is, if Mitchell wanted to help the Red Sox by setting up Clemens, he would have completely left Clemens' name out of the report and later strongly suggested in public that Clemens resign with the Yankees and play 2008. Clemens, on balance, was as much a distraction for the Yankees in 2007 as AROD was, plus Clemens with something like 6-6 with an ERA over 4. As far as wealth is concerned, my guess is that Mitchell is a multi-millionaire several time over since leaving the US Senate given all the corporate boards that he has served on and investments in some companies that have done well - again, a basic question is why would he risk losing that and going to jail to bag Clemens? You also failed to mention that Mitchell fingered a pitcher for the Red Sox in 2007 and a player that played on the 2004 team. Wouldn't those disclosures produce some form of risk to the Red Sox's reputation as a team and potentially cast clouds over some players not mentioned in the report? My feeling on the Clemens versus McNamee saga is that it is going to come dowm to what the Mets trainer and Andy Pettite say under oath. The Mets trainer supposedly gave McNamee the PEDs that McNamee used to inject Clemen with, if the Mets trainer confirms McNamee's dates under oath, Clemens is probaly sunk and would either have to counter that information under oath (either lying or telling the truth when doing so), or take the Fifth. If the Mets trainer's account conflicts with McNamee's account, Clemen's case will be stronger. The best and potentially worst case scenario for Clemens would be if the Mets trainer or McNamee saved a used syringe or two, because that would potentially connect contents in the syringe to Clemens' genetic material. The most intriguing person in this sage is Pettite. Pettite is close to Clemens and trained extensively with Clemens under the watch of McNamee. Pettite probaly spent time at Roger's apartment, where McNamee claims the injections were done and may have witnessed something that would support either Clemens' or McNamee's version of accounts. Pettite probaly also shared personal secrets with Clemens and McNamee. What comes out of Pettite's mouth under oath, assuming he does not take the fifth (can he do that if the questions being asked do not pertain to his personal wrongdoing?) will loom large. My sense of Pettite is that he is basically an honest, decent person and would fall toward being truthful, especially if he is under oath.

There is no smoking gun ..... at least yet. If a smoking gun turns up, then that would convince me... Until then, he said, she-said, he-said without corroboration has got to come down in the favor of Clemens. I am doubtful, but not sufficiently to "convict"... there is still considerable and reasonable doubt that Clemens took steroids.... so until otherwise supported, I give him the benefit of the doubt. That said, If McNamee does not have a blue dress with something that looks like creamed spinach on it... then McNamee is going to be shown just a weak soul that crumbled under Fed pressure.

A lawsuit is not a bad move by Roger's legal team it will limit what if anything either side can say to Congress. Strike one for team clemens.

There is no smoking gun ..... at least yet. If a smoking gun turns up, then that would convince me... Until then, he said, she-said, he-said without corroboration has got to come down in the favor of Clemens. But this isn't a court of law, and I'm betting most people don't require a smoking gun. You can believe bonds didn't use steroids, that OJ is innocent, and rose didn't bet on his own team (until he admitted it), that clinton didn't lie until you saw the blue dress if you wish. But most people will use the gifts of logic and common sense to choose a side. A lawsuit is not a bad move by Roger's legal team it will limit what if anything either side can say to Congress. Strike one for team clemens. The theory that you're referring to is that he makes the lawsuit, then can't testify for congress, and then later drops the lawsuit after everything has blown over. And you think people won't realize that? You don't think sportswriters won't jump on that? Strike one for team clemens sure, if they're at bat.

A lawsuit is not a bad move by Roger's legal team it will limit what if anything either side can say to Congress. Strike one for team clemens. How does this work?

A lawsuit is not a bad move by Roger's legal team it will limit what if anything either side can say to Congress. Strike one for team clemens. Limit what he says? How? They (committee) are going to ask him one question under oath. Did you use steriods during your major league career? He already stated that that testimony from McNamee to the Mitchell committee was false, and the alledged shots in the ass (for steroids) "never happened". If He doesn't answer the question, he'll look guilty, after already publical stating that he has not used PED's. Most of the committe member are lawyers and are not going to ask Clemens anything that would compromise his case. But, if I was his lawyer, there's no way my client would testify. Which will lead to more spectulation and inunendo.

One of the main reasons why i posted this is that everyone said that if clemens was truly innocent he would have sued mcnamee. I think that argument is bull Everyone? I think that's bull. That would be number 100 on why I believe he's guilty. Not to mention we'll have to see where this goes before giving it any great weight. Gary, sorry there. Poor word choice. Obviously i don't agree with that view. I should have probably said something like: "most who argue that he is guilty do so on the grounds that he would've sued Mcnamee for defamation if he was really innocent." Hopefully that makes better sense. Thanks for catching that.

How interesting it will be, on the other hand, if it is shown that McNamee did lie - or cannot prove his claims. That would undermine the Mitchell report's credibility significantly in my opinion. In fact, if this ends up coming across as a smear job, its almost worse than if they'd just swept it under the table.

How interesting it will be, on the other hand, if it is shown that McNamee did lie - or cannot prove his claims. That would undermine the Mitchell report's credibility significantly in my opinion. This thread has drifted from the defamation suit to the Mitchell committee and back again, so I'm not sure which you're referring to when you talk about McNamee proving his claims (or failing to do so). The question, in either case, is: does he even have to?

How interesting it will be, on the other hand, if it is shown that McNamee did lie - or cannot prove his claims. That would undermine the Mitchell report's credibility significantly in my opinion. So you think the mitchell report has to be 100 percent accurate? Let's say tomorrow McNamee says he only gave clemens because he thought he needed a big name to stay out of jail. How can you throw out the report when it was correct on pettitte? I can think of at least 3 or 4 players that have admitted that the report is correct. How would Clemens being proven innocent change that?

This is the public disgrace of Roger Clemens we see. He is heading to where we see Pete Rose and Shoeless Joe Jackson.

CaveMan, After the strike the home run derby brought baseball back period. Correction, I guess I don't know that for a fact, but if you looked at the players that were hitting most of the home runs at that time they were all juiced up. I think 9 out of 10 fans would say the home run brought baseball back. I live in Detriot and that seems to be the gereral concensus here And by the way, just today there are rumors are flying that the fine up standing Mr. Mitchell threatened Mcnamee if he did not mention Clemens when he was being questions for his input to the report. Funny when the Tigers were not beating up on other teams the attendance was a fraction of the times when they were beating up on teams. Do you go to the park and pay $60.00 a ticket to see a loser? And finally what did we learn after the report that we didn't already anticipate or know. The whole thing was a waste of money. Answer me this how can anybody take any kind of actions against something that was not illlegal at the time. There was and still is no test, unless muscel tissue is taken to prove a player is taking HGH. I don't think juicing is right but I also don't think a player should be crucified for something that can't be tested, or something he may have done when there were no rules against it.

And by the way, just today there are rumors are flying that the fine up standing Mr. Mitchell threatened Mcnamee if he did not mention Clemens when he was being questions for his input to the report. It's very strange that you demand a positive test for a player but then just throw out that line as a 'rumor' about mr. mitchell. There is no consistency in your view points.

Well, if part of the Mitchell Report turns out to be based on a slanderous lie, then it calls into question other parts of the report based on a person's word without corroborating evidence. Yes, some parts have been confirmed as true, but not all are confirmed as true. If it turns out that McNamee was not telling the truth about Clemens, any other player listed (with only the word of another person against him) who has not confessed has an open door to say "Well, I'm in the same boat as Clemens..." So, a few slightly more ethical players who confess will be the only ones who definitely used banned substances and everyone else on the list could potentially claim to be unfairly accused. Personally, I have no idea whether Clemens used anything banned or not. To a large extent, I am more concerned about what MLB is going to do to prevent people from using performance enhancers from this moment out. I fear that if the Mitchell Report is undermined that it will weaken MLB's resolve to take action.

Source: Roger Clemens' private eyes asked Brian McNamee to recant "He told them they were in the report," said a source in the McNamee camp who asked not to be identified. "And he told the (private) investigators he had told the truth to the feds and couldn't change his story." It was unclear if that conversation with the private investigators was taped or not, but Earl Ward, one of McNamee's attorneys, called for the release of the full contents of the tape this afternoon, if one exists. "It appears that these investigators may have recorded the interview," Ward said. "And we hearby demand the tape be released in its entirety immediately." If true, that would make things interesting.

Answer me this how can anybody take any kind of actions against something that was not illlegal at the time. This is why we should have an entrance exam before we allow people to participate in PED threads, I swear.

I was one of those people who thought that Clemens should have sued right off the bat to try to clear his name. I thought that's all he could do to attempt to clear his name -- BUT I think he should have done it immediately, right out of the gate. Why? So much has transpired over the course of the last 24 hours: the 60 Minutes interview, the press release, the taped conversation...and now, finally, the lawsuit. All this weeks after the Mitchell Report. The timing and orchestration of these events doesn't bode well for him IMO. In the court of public opinion, this is so messy now that there's no way he'll ever definitively clear his rep., even if he's telling the truth.

This is why we should have an entrance exam before we allow people to participate in PED threads, I swear. Technically, he's right. If they can only prove he used hGH between 1997-2002, then he literally has broken no rules in MLB. If he has a (fishy) doctor's prescription, then there isn't anything anyone can do about that. The timing and orchestration of these events doesn't bode well for him IMO. Well, he arranged for the 60 Minutes interview almost immediately, and CBS put him in the first available slot (since they were probably running old shows during the holidays). As for lawsuits, it's always a good idea to consult a lawyer and determine the validity of your case before you rush into court with papers in hand. Considering there is a VERY strong possibility he won't win the case (whether McNamee is guilty of wrongdoing or not, defamation suits are almost impossible to win if the "defamed" party is a public figure), you better have all your ducks in a row before you start. It's been less than a month since the report came out. In news-cycle terms, that's an eternity, but in legal terms that's probably as fast as he could go.

Technically, he's right. Technically, he isn't. If he'd said, "It wasn't against the rules," he would have been. The difference is significant.

Clemens' ex-trainer reacts to 60 Minutes interview Well, he arranged for the 60 Minutes interview almost immediately, and CBS put him in the first available slot (since they were probably running old shows during the holidays). No one forced clemens to use 60 minutes. He could have been interviewed by anyone at any time. Clemens could have told 60 minutes that he couldn't wait that long. That's a poor excuse. But it did allow him to be interviewed by an icon that's also is friend while at the same time having almost a month to get his story down.

Answer me this how can anybody take any kind of actions against something that was not illlegal at the time. There was and still is no test, unless muscel tissue is taken to prove a player is taking HGH. I don't think juicing is right but I also don't think a player should be crucified for something that can't be tested, or something he may have done when there were no rules against it. posted by sportnut at 6:11 PM CST on January 7 Hall of Fame voters will be hard on Clemens, if the allegations against him are proven (they have not yet and he can show that they are lies). Mark McGwire supposedly did not take anything that was illegal at the time, but he most likely will not be voted into the HOF. Your attempts to blacken Mitchell are unseemly. If it is proven that he slanted things against Clemens, that will come out. A logical person likely will see no reason why Mitchell would risk his wealth and good standing as a person to bring down a spent pitcher.

I could be wrong on this, but if i remember right at the press conference when mitchell discussed his report as it was coming out he himself said that none of the accusations in his report could be verified conclusively. Based on that, i think that Roger Clemens should have repreatedly pointed that out, and refused to try to defend himself further. Frankly, i'm a bit surprised that none of the players implicated have used this important admission by mitchell as a basis to refuse trying to get into defending themselves (whether truthfully or by lying, whichever the case may be). Am i missing something here?

Technically, he isn't. If he'd said, "It wasn't against the rules," he would have been. The difference is significant. If he has a doctor's note for the prescription, then he didn't break the law either. If he doesn't have a note, there is nothing illegal about RECEIVING the injection. Acquiring it for the sake of distribution would be illegal. Giving it to someone else would be illegal. Based on that, i think that Roger Clemens should have repreatedly pointed that out, and refused to try to defend himself further. Frankly, i'm a bit surprised that none of the players implicated have used this important admission by mitchell as a basis to refuse trying to get into defending themselves (whether truthfully or by lying, whichever the case may be). Am i missing something here? Just to confirm your point of view: It would have been better if the accused player DIDN'T say anything in their defense? Damned if they do, damned if they don't. Essentially, it comes down to this: If you are in the report, there is nothing you can do. You are guilty in the eyes of the public and you can't possibly defend yourself. Heaven forbid that it is determined later that there is no evidence against you, don't expect the media to immediately raise the same ruckus to defend you. Remember that report a year ago about Jason Grimsley, and the "names" on his list? The L.A. Times published an article that said Clemens' name was on that "list". However, it came out later that Clemens' name WASN'T on that list. Did anyone else remember the big stink in the media when that was found out? No? Here is the retraction, more than 14 months later. Surprisingly, it came out at the same time as the Mitchell Report, so it kind of got lost in the news cycle, which was dominated by (of course) accusations against Clemens. Nevertheless, I still see people on other sports chat boards that refer to the Grimsley story as "more evidence against Clemens".

Nevertheless, I still see people on other sports chat boards that refer to the Grimsley story as "more evidence against Clemens". Then those people are idiots. I haven't read that anywhere, haven't read it here. It wasn't lost. Clemens has made several references to it. It was ignored because it has nothing to do with the mitchell report and is nothing but a red herring. The newspaper got the names wrong. The report didn't. If the report had said clemens had done steroids and it proved wrong, it's a fair comparison. That's not what happened. His name was never on it. you can't possibly defend yourself. Other than somehow having the trainer recant, I agree with you. However, if there is a way for clemens to defend himself this: I should have a third ear coming out of my forehead ain't it. I'm not sure of his guilt, but that's an idiotic statement.

Based on that, i think that Roger Clemens should have repreatedly pointed that out, and refused to try to defend himself further. Frankly, i'm a bit surprised that none of the players implicated have used this important admission by mitchell as a basis to refuse trying to get into defending themselves I have no idea why players were so quick to admit guilt. Why did pettitte cave so quickly? Why didn't he deny, deny, deny? Maybe he felt guilty? Maybe he's trying to just get it out in the open and get it over with. Maybe he knew that by saying he didn't do it there would be more searching for the smoking gun and if found he'd look worse? But what it did do is put clemens in a position where he couldn't just ignore it. To me, that was where everything went wrong for clemens up to this point. I'm still trying to figure out, if not guilty why Roger when asked by McNamee "what do you want me to do" didn't say "come to the press conference and tell them the truth, that you never injected me with steroids". Maybe I'm missing something, but that amazes me.

And the SAD, SAD true fact of the matter is MLB would be dead without performance inhancing drugs. posted by sportnut Nothing could be farther from the truth. Baseball, like any other sport draws it's appeal from competition (i.e, teams struggling as equals to produce a final, decisive result). If a team of juiced up roid freaks beat up on everyone else, no one would want to watch - or - if they did watch, it would be to witness a David take down a giant. posted by Cave_Man sportnut hit the nail right on the head. If it weren't for Mark McGwire and Sammy Sosa blasting homeruns like it was going out of style back in 1998, baseball would not be as popular as it is today. They practically brought baseball back to life since the 1994 strike, only Cal Ripken breaking Lou Gehrig's long-standing record for consecutive games played in 1995 made news. If anyone can remember, during the time Sosa & McGwire were in the chase, the motto for baseball was "Chicks dig the long ball".

If he has a doctor's note for the prescription, then he didn't break the law either. If he doesn't have a note, there is nothing illegal about RECEIVING the injection. Acquiring it for the sake of distribution would be illegal. Giving it to someone else would be illegal. That's true, but not really relevant. PED regulation in sports has never depended on, or really been connected with, whether possession or use of the drug is illegal. It's perfectly legal to use Sudafed, for example -- it's just that the substances in Sudafed are banned as PEDs in a number of different sports. Now, possession and/or use of a PED could be illegal as well as against the rules, but that confuses an issue that IMO suffers most from confusion on this very point. I believe that the biggest problem with PED regulation in sports today is that so many of those concerned seem to have forgotten the reasons behind the regulations. Unless those reasons are clear -- and legality is not one of them -- the regulations and their enforcement will most likely do more harm than good.

Just to confirm your point of view: It would have been better if the accused player DIDN'T say anything in their defense? Damned if they do, damned if they don't. Grum, What i'm saying is that since mitchell stated up front that no one named could be conclusively found out, then why should Roger be working so hard to defend himself? If Clemens calls a press conference and says: "i deny every using peds, and since Mitchell himself admitted that i cannot be found guilty, i will not address the matter further" then what can the media/public do? Demand that he defend himself against a charge that the investigator already said he couldn't be found guilty of? If you are in the report, there is nothing you can do. You are guilty in the eyes of the public and you can't possibly defend yourself. That's exactly my point grum. Since some people will think what they do no matter what, how is Clemens helping himself right now? The more publicity on this, the worse. With every word, people are dissecting his body langauge and story, trying to find an inconsistency. Plus, the more he defends himself, the guiltier he looks to many, simply b/c they'll assume (incorrectly perhaps) that he is trying to protect himself. To me, pointing out the obvious (that mitchell admitted he couldn't conclusively prove Clemens used) and then laying low is a better alternative. Everything Clemens does adds more fuel to the media machine. I'm sure many do think he's guilty, but at the end of the day, is what joe bob in Yucatan thinks really that important? I would like to think not. There is so little to gain by allowing this to become a national story, and so much to lose (family, friends, etc). I don't know if he did it or not, but i highly doubt that the high level of publicity is helping his cause.

I'm just a little sick of McGwire and Sosa getting all this love for personally "saving" major league baseball. That being said, even back then I remember fully believing, in my own mind, both players must be taking some sort of drug to enhance their strength, size, etc. I doubt seriously I was the only one with those beliefs, and I dare say many, many fans thought this. Same goes for Barry Bonds. Who thought he never utilized some sort of PED to morph into the body type he did in the past several years? My point is people, many of them fans of the game, thought they were using PEDs but wanted (or chose) to look the other way, just like major league baseball. Sure McGwire and Sosa was fun to watch, and people ate it up, just like they ate up Bonds hitting so many homers a few years back, Ripken breaking the consecutive game streak, etc. It's only lately we're having these steroid issues shoved down our throats to where we, the fans, are made to feel we need to now shun the players that have been the most exciting to watch over the years. And it's become, "Screw the masses of marginal (at best) players who used these drugs, let's jump all over the BIG names. Just because Clemens or Bonds, two of the best players in baseball history, may have used they are bigger pieces of shit than the hundreds of crappy players who used also? Baseball was all too happy to reap the rewards of Clemens, Bonds, etc., but now want to sit back and let them crash and burn because they (MLB) were too gutless and greedy to strictly outlaw these substances from the game. I don't buy it and I'm not going to fall in line with this steroid witch hunt.

is what joe bob in Yucatan thinks really that important? Well, he is the guy paying for the games and buying the merch, for what it's worth. You lose enough Joe Bobs, your sport starts to go South. (Further South than Yucatan, even.) The thing is, Clemens couldn't stop talking if he wanted to. He doesn't sound so much like a guy who's been wronged as a guy who can't believe there's someone in the universe who doesn't adore him. Even McNamee, as his main accuser and primary witness for the prosecution, clearly still worships him, if that phone call is to be believed. "Whaddya mean, you don't love me?" is the only reaction I'm hearing from Rocket here, and he's going to need a stronger defense than that if he wants to win a lawsuit. (None of this has anything to do with whether he did PEDs or not, and neither will the lawsuit.)

To me, pointing out the obvious (that mitchell admitted he couldn't conclusively prove Clemens used) and then laying low is a better alternative. Everything Clemens does adds more fuel to the media machine. Damned if you do, damned if you don't. If Clemens is innocent, it would be extremely hard to watch his legacy in baseball be completely trashed by a false accusation and do nothing in response. Especially since he has money to burn and a surplus of free time on his hands. During his last several retirements, Clemens was going into that good night as the greatest pitcher in the game. Now he's a cheater under a cloud. That's gotta hurt. I don't think there's anything Clemens can do here, short of getting his accuser to publicly recant, that helps him.

is what joe bob in Yucatan thinks really that important? Well, he is the guy paying for the games and buying the merch, for what it's worth. You lose enough Joe Bobs, your sport starts to go South. (Further South than Yucatan, even.) Not to be a jerk, but what does that matter to Clemens at this point?

Oh, it doesn't matter to Clemens at all at this point, of course (or at any point in the past, going back to the Pliestocene Era, when the tar pits first began to cool and the resulting smoke was first blown up Rocket's butt, setting the precedent for a million acolytes and pundits to follow). I was just talking about the external viewpoint, where, say, some kind of governing authority might want to maybe make some kind of statement to assure the rank and file that all this legal foofaraw is going to help clean up the sport and admonishing everyone involved to get to the truth and stop pfutzing around with this schoolyard bullshit. (Golly gosh, if only there was some kind of head person in charge of administration for Major League Baseball who had the authority and backbone to help this along to a less acrimonious and more decisive conclusion, some kind of ... I don't know, Commissioner or something.) (Nahhh.) I'm fully aware of the fact that everyone in this discussion's back is up on this one already, so I'll get out of the kitchen.

Oh, it doesn't matter to Clemens at all at this point, of course (or at any point in the past, going back to the Pliestocene Era, when the tar pits first began to cool and the resulting smoke was first blown up Rocket's butt, setting the precedent for a million acolytes and pundits to follow). chico for the win!

I think Clemens is employing a different strategy - perhaps after seeing what slience did for Mark McGwire and Bonds. Frankly, I'm seriously impressed. He's planted a couple seeds of doubt with his throw-it-all-against-the-wall- and-see-what-sticks approach. You can sense them growing. The taped conversation, lawsuit, 60 minutes interview and constant denials will work on a whole bunch of people - some of them HoF voters, I'm sure - regardless of validity. All he needs is some benefit of the doubt. Is more crafty than I would have given him credit for. He looks so... dumb. The man has an aggressive group of handlers. I think this can pay big dividends for him. Of course - it could all hugely (and wonderfully) blow up in his face - but I admire the balls.

I admire the balls. After all those years of steroid abuse, how can you be sure he has any left? After all, it's been a few years since he sired another child that he could use for his catchy I-name-them-all-starting-with- Ks-for-strikeouts-because-it- reminds-me-of-myself ploy.

His other body parts may be telling part of the story as well.

To me, pointing out the obvious (that mitchell admitted he couldn't conclusively prove Clemens used) and then laying low is a better alternative. Everything Clemens does adds more fuel to the media machine. Pre-Pettitte, sure. But after Pettitte said the accusations were correct there's no way that defense would work. He would have been buried. I think his defense has been pretty bad, but I give him credit for coming to strong when he finally decided to come out of hiding. I'm seriously impressed. He's planted a couple seeds of doubt with his throw-it-all-against-the-wall- and-see-what-sticks approach. You can sense them growing. Looking at surveys, reading what's being said, I'd say you're in the minority. He's done a terrible job in my opinion, and this is with handlers telling him what to do. There are so many holes in his story. From the interview. Body hasn't changed / yes it has. Why don't I have an ear coming out of my head / That's dumb. Why haven't I been injured? / well, he has been injured. His excuse is B12/ ever heard of B12? Said he had never been injected by his trainer / changed story in interview. His press conference. Talked about a dying kid, answered a few questions, left the stage in a huff. All predictable. His lawyer gave him a 20 minute intro. The had a call that they taped and thought would be huge and not only was it not many people actually believes it hurt him. I simply don't see how clemens has changed the opinion of very many people. I don't see how anyone that actually has examined what he said can't see that a lot of it is anger and bluster. He looks so... dumb. He is. Even now I think Clemens will get in the hall (and should), but the only way he's going to be respected as he was before (and of course he wants that) if he's guilty is to hope McNamee cracks and recants. If clemens is not guilty he still needs Mcnamee to recant. And listening to the phone call McNamee doesn't sound very stable.

Looking at surveys, reading what's being said, I'd say you're in the minority. He's done a terrible job in my opinion, and this is with handlers telling him what to do. There are so many holes in his story. Oh, I agree - but I think some hay can be made.

Does anyone have any ideas or opinions as to why no one else on the list has come out and fought so vehemently in their own defense? Bonds also tried a defamation suit and lost, but never used the media to his advantage, like Clemens did. As I see it the only one standing to make a gain on this is good ole Jose Canseco, New book , new names, maybe new investigation? Just makin some hay, LOL.

Oh, I agree - but I think some hay can be made. I think what I was trying to say is that by throwing everything at the wall and seeing what sticks he also opens himself up to everything that does not. So while I'll give you that I'm impressed with his mode of attack I wonder if in the long run it will come back to bite him.

One great advantage to Clemen's using McNamee is that Clemen's via the 'discovery' process will get to see exactly what McNamee has for evidence. And if there is a smoking gun, that will have to be declared in the discovery process. Not that the discovery/depositions will be made public... but Clemen's then will know for sure... and not have a doubt. So it will be put up or shut up to McNamee.

So it will be put up or shut up to McNamee. and Clemens too, if McNamee files suit in return which I can only imagine he will. Clemens insinuated that McNamee was trafficking drugs on 60 Minutes.

As I see it the only one standing to make a gain on this is good ole Jose Canseco, New book , new names, maybe new investigation? he's got to get himself a new co-author first.

OK, just for arguments sake how do you prove you shot some guy in the butt with steroids. And he willing bent over and accepted the fact that it was steroids, knew it and took the shot. Unless there are some audio tapes of him accepting steroids haow does McNamee prove his client knew what he was getting? I mean you had Bonds at one point saying he got some stuff just walking by somebody locker and decided to take it. How does a multimillion dollar athlete come to that decision?

The bending over and taking the shot in the butt part is agreed by both parties, volfire. Rocket isn't arguing that McNamee did that to him. He's just claiming that was how he was getting his daily vitamin intake. Take that how you will. And McNamee's lawyers have already indicated they fully intend to countersue. Strap in, Rocketeers. This is going to get uglier. One other thing. If the Mitchell report is a lie, why isn't Rocket suing Mitchell as well?

I thought the whole 60 minutes interview was very poorly done, almost as if they let Roger off the hook, when they could have basically proven him guilty. Clemens' response of, 'If I'm taking all of these drugs, why don't I have a 3rd eye growing from my forehead? Why arent' I pullin' tractors with my teeth?' was idiotic. I haven't noticed a 3rd eye on Pettite or Palmiero. Clemens' repsponse of, 'If I'm taking all these drugs, where did i get them from?' makes about as much sense as Whitney Houston saying you can't prove she's on drugs unless you show her a receipt from a drug dealer. "crack is whack." Clemens' response of, 'After 25 years why would I want to take the stuff?' Well, because you love the sport, the fame, the money and the adulation and you don't want it to stop, you know that your glory days are nearing an end and you want a few more. Clemens' response of, 'I don't know if a lie detector test would help me, or not.' If you're innocent, say Hell Yes, hook me up to the damn machine right now. I thought the whole interview made him appear more guilty, not less. I recommend a book by Malcolm Gladwell called, Blink. It helps in the identification of inauthenticity when it presents itself.

OK, just for arguments sake how do you prove you shot some guy in the butt with steroids. how does McNamee prove his client knew what he was getting? That's the exact reason I think Clemens will beat this thing, and the reason I think McNamee has the real problems. He's the moronic strength/conditioning coach who wanted to play physician and stick needles in someone. All Clemens has to do is continue insisting he was under the assumption it was anything else but a product containing a illegal substance. I thought the whole interview made him appear more guilty, not less. Unfortunately, how he "appears" has nothing to do with it. It's all about what can be proven, period.

Moronic doesn't equal wrong, any more than sycophancy or hero-worship does. McNamee is a stooge, but he was right every other time, and most importantly, his testimony under oath is already on public record. Clemens hasn't said a word under oath yet. All we have is a Youtube clip, a puff piece by a personal friend on 60 Minutes, and a few statements from his attorney. In other words, in legal terms, absolutely nothing whatsoever. He could claim he heals the sick and shits candied yams if he wants, but put his right hand on a bible and that changes everything. Put Rocket in a place where lying is a felony, and then ask him all these questions again. Then and only then will I believe one word of his babble.

All Clemens has to do is continue insisting he was under the assumption it was anything else but a product containing a illegal substance. To what end though? That's all he has to do to do what? Get into the hall of fame? Or help his public image? And if it ever gets to the point where rogers only defense is "if it was steroids I didn't know that" then he will lose all support except his biggest fans. That's basically bonds defense, and most people don't buy it. The bending over and taking the shot in the butt part is agreed by both parties, volfire. And from what I've read getting a shot in the butt with Lidocaine doesn't help the joints as clemens said. Just another way the interview let him off the hook. Put Rocket in a place where lying is a felony, and then ask him all these questions again. Then and only then will I believe one word of his babble. See, I think clemens will do that no problem if he knows there's no smoking gun. What I want to see is clemens cross examined by someone who knows what the hell they're talking about. Not his media friend, and not a joke press conference where he can leave in a storm at any time.

Agreed. Here's hoping McNamee's people are doing their homework, and that Rocket will have to actually tell the truth instead of bullshitting his way through the conversation and trying to coast on money and smarm, like he has in every other situation in his life.

That's the exact reason I think Clemens will beat this thing, and the reason I think McNamee has the real problems. He's the moronic strength/conditioning coach who wanted to play physician and stick needles in someone. All Clemens has to do is continue insisting he was under the assumption it was anything else but a product containing a illegal substance. Well, let's clarify. In the context of the defamation suit, Clemens isn't trying to beat anything -- he's the plaintiff, the accuser; he stands accused of nothing, as far as that suit is concerned. Now, I'm not so sure that claiming he didn't knowingly take PEDs is enough for him to win his suit -- he claims that McNamee's statement that he injected Roger with PEDs is defamatory, and I don't believe you can claim a statement is defamatory if you don't somehow establish either that it is untrue, or that the person making it has no basis for knowing one way or the other. In the context of being dinged by MLB over PED use, it might be sufficient for Roger to claim that he didn't know. I took a quick look to find the actual regs in question, and couldn't find them. I'm pretty sure the MLB regs are soft on both enforcement and consequences when compared to WADA or any of the federations that kowtow to it...but are they soft enough to give a player a free pass for simply not knowing what it was he was taking? Not so sure there. I know that if it were WADA and co., it doesn't matter how it got there, having it in your bloodstream is enough. Lotta different "courts" here, lotta different standards of proof, and I'm not sure Roger's actions make sense to me according to any of 'em.

All Clemens has to do is continue insisting he was under the assumption it was anything else but a product containing a illegal substance. "It's not a lie if you believe it's true" George Costanza

WOW! This thread is starting to sound like a mix of chemistry class and second year law and all we have to do is consult lil_brown_bat because it is apparent she knows everything. Must have gotten an A on the thread entrance exam.

Or maybe I just took the extra fifteen seconds to read what I'd written and thought about whether it made any sense. Chacun a son gout, sportnut. Oh, I'm so sorry...was that latter too highbrow for you?

This thread is starting to sound like a mix of chemistry class and second year law Geez, sorry we can't have more knuckle-dragging and screaming of unfounded opinions.

Sorry to rough your feathers, I was just pulling your chain. I guess that is ok for you to do because I forgot you are all knowing. LIGHTEN-UP

"It's not a lie if you believe it's true" George Costanza Ridiculous as that sounds, it's true. Without substantial proof, a guy like Clemens can lie and only lingering doubt will remain. Oh yeah, and flawed as the entire testing system is, he still never had a positive test for PEDs. Without proof he absolutely used these substances, knowingly took them, or ever tested positive, I actually believe Clemens will make the Hall of Fame eventually. It's not like McGwire, who was as one-dimensional as any player there ever was; Clemens has a long career as one of the most dominating pitchers the game has ever seen.

WOW! This thread is starting to sound like a mix of chemistry class and second year law and all we have to do is consult lil_brown_bat because it is apparent she knows everything. Must have gotten an A on the thread entrance exam. And you must have gotten an F on this site's membership guidelines. This isn't a place to take cheap shots at members and then tell them to "LIGHTEN UP." Stick to the issue or get lost.

Oh yeah, and flawed as the entire testing system is, he still never had a positive test for PEDs. Without proof he absolutely used these substances, knowingly took them, or ever tested positive, I actually believe Clemens will make the Hall of Fame eventually. It's not like McGwire, who was as one-dimensional as any player there ever was; Clemens has a long career as one of the most dominating pitchers the game has ever seen. Someone correct me if I am wrong, but Clemens never has been given a test for PEDs. How can he pass or fail something that he never experienced? Maybe if he had been given surprise tests over his career, there will be no need for a discussion on whether he did or did not take PEDs. We should let the Congressional investigation play out and see who blinks.

Oh yeah, and flawed as the entire testing system is, he still never had a positive test for PEDs. Neither did just about everyone on that list. Neither did pettitte. I think the 'never failed a drug test' time has passed. It means you've never failed a drug test, but certainly that you've never taken drugs. I don't think I've even heard clemens use it over the past few days.

I actually believe Clemens will make the Hall of Fame eventually. It's not like McGwire, who was as one-dimensional as any player there ever was; What? If you "one-dimensional" you mean "hit for power" (one of the greatest of all time) + "gets on base" (league leader) + "fields his position well" (Gold Glove + well-above average fielding numbers for a career), then sure. And we aren't talking about regular "hit for power", we're talking "legendary hit for power", from the moment he entered the league as a rookie, until injuries finally ended his career. If there wasn't the taint of not testifying in front of Congress, he would have been in the HOF on the first ballot. Someone correct me if I am wrong, but Clemens never has been given a test for PEDs. How can he pass or fail something that he never experienced? I'll correct you, since you are wrong. Clemens has been tested as a player since 2004, including off-season testing for the World Baseball Classic.

Someone correct me if I am wrong, but Clemens never has been given a test for PEDs. How can he pass or fail something that he never experienced? Technically Grums correct. But the accusations against clemens are all well before 2004, so he wasn't tested. And there was no test for HGH. So in dealing with the charges, you're correct.

If there wasn't the taint of not testifying in front of Congress, he would have been in the HOF on the first ballot. OK, your probably right, and the past 500 plus homer players made it all on first ballot, with exception of Eddie Matthews (who made on the third, I think). But, McGwire was one dimensional player albeit with great power (some of his shots were lengendary). In my opinion, he should not get into the Hall of Fame until his nomination goes to the veteran committe. He was a adequate first basement- nothing special. On base pecentage had a lot do do with walks. Which is not common with power hitters (see Bonds walks stat). If, McGwire did state one way or the other, if he used PED'S (at congressional hearings), not so sure if he would have gotten in on the first ballot. Take Dave Kingman another one trick pony. Although he didn't hit 500 home runs. I see the same problem for McGwire as Kingman.... Clemens is a different story. The statistics are there and no one is going to argue his validity to be inducted. The steriods scandal is the only thing hanging over his head.

I actually believe Clemens will make the Hall of Fame eventually. It's not like McGwire, who was as one-dimensional as any player there ever was; What? McGwire was a .263 career hitter, seven seasons of over 100 RBI, and won a gold glove in '90, mainly because Mattingly missed half the season. If McGwire deserves to be in the Hall, Rafael Palmiero should be in before him. Better hitter, fielder, and all-around player.

Someone correct me if I am wrong, but Clemens never has been given a test for PEDs. How can he pass or fail something that he never experienced? I'll correct you, since you are wrong. Clemens has been tested as a player since 2004, including off-season testing for the World Baseball Classic. posted by grum@work at 6:01 PM CST on January 8 I posted a timeline of MLB PED drug testing below. By that guideline if Clemens had taken PEDs during the time that he was alleged to have taken them, he would not have been identified as having taken PEDs. Mandatory testing did not start until 2004, that would have been after Clemens was alleged to have taken PEDs. PED Testing Timeline for MLB: Aug. 7, 2002: Players and owners agree to their first joint drug program since 1985, calling for anonymous testing to begin in 2003. If more than five percent of the steroid tests are positive in 2003 or 2004, players would be randomly tested for a two-year period. Players won't be punished for testing positive. Feb. 17, 2003: Baltimore Orioles pitcher Steve Bechler collapses on the field during a workout in Florida and dies from heat exhaustion. The medical examiner finds ephedra in his system. The league places ephedra on the list of banned drugs at the minor league level. Oct. 29, 2003: Less than two weeks after the U.S. Anti-Doping Agency says several track athletes tested positive for tetrahydrogestrinone (THG), baseball places the drug on its testing list for 2004. The league is barred from retroactively retesting 2003 urine samples by its own agreement. Nov. 13, 2003: The league announces that of 1,438 anonymous tests in the 2003 season, between five and seven percent were positive, triggering the start of random testing with penalties in 2004. A first offense will lead to counseling and a second offense to a 15-day suspension. December 2003: Ten players, including Bonds of the Giants and Jason Giambi and Gary Sheffield of the Yankees, are called to testify in front of a grand jury investigating the Bay Area Laboratory Co-Operative (BALCO), founded by Victor Conte. Feb. 12, 2004: Bonds' personal trainer, Greg Anderson, Conte, BALCO vice president James Valente and track coach Remi Korchemny are charged in a 42-count federal indictment of running a steroid-distribution ring that provided performance-enhancing drugs to dozens of athletes. April 12, 2004: The Food and Drug Administration bans the sale of androstenedione, the steroid precursor used by Mark McGwire while setting the home run record in 1998. The FDA action automatically triggers a ban by baseball. June, 2004: The league begins testing major leaguers. Punishment for a first offense includes counseling, and names of offenders are to be kept anonymous.

On a related note, McNamee does not seem to be a boy scout. The press is reporting a rape allegation (with what appears to be solid physical evidence taken at the scene of the alleged rape) against him in Florida in 2004. The Yankees fired him after the issue surfaced, but Clemens hired him as his personal trainer. At the least, Clemens is blind to bad character.

Mandatory testing did not start until 2004, that would have been after Clemens was alleged to have taken PEDs. The original question statement was: Someone correct me if I am wrong, but Clemens never has been given a test for PEDs. The statement was wrong. I stand by my answer. If other people want to extrapolate from it, they are free to do so.

The original question statement was: Someone correct me if I am wrong, but Clemens never has been given a test for PEDs. The statement was wrong. I stand by my answer. If other people want to extrapolate from it, they are free to do so. posted by grum@work at 10:22 PM CST on January 8 Show me his test dates. He was not tested during the time that the allegations cover. BTW, do you believe Bonds never took PEDs? Bonds has not tested positive by MLB either. Some information on Bonds indicated that he was notified of upcoming test periods. Would it not be reasonable that a player of Clemen's status also get the same information that Bonds got? The Congressional investigation should uncover answers to questions that exist.

Wait, are you suggesting neither Bonds nor Clemens was tested in 3 seasons? That would be a bit of an oversight on MLB's part. Beyond simply gainsaying others, what's the point you're driving at?

I think you're confused cave man. 1. The question was originally asking if clemens had ever taken a drug test. 2. Grum said that he had. 3. I said Grum was technically correct but that the allegations from his trainer were before testing began, and never included HGH, so it's basically meaningless. Someone might claim that Clemens has been tested recently and come up clean, to which I would say A. He very well could have stopped and B. it's been proven time and time again that drug test can be beat. As I said before, even clemens seems to realize that since it hasn't been a big part of his defense (I haven't heard him say it at all, but I might have missed it).

McGwire was a .263 career hitter, seven seasons of over 100 RBI, and won a gol