FanHouse Rusty Hardin

Back in 2003, Major League Baseball performed rounds of sample drug testing. If there was more than a certain percentage of positive tests, the league would move forward with mandatory testing. As we all know now, 104 players tested positive and the league implemented a program which suspends players for positive tests. Thanks to some leaks -- on records which were supposed to be confidential -- we know Alex Rodriguez and Sammy Sosa were on that list. Now, if we were to speculate on the rest, it's pretty obvious most people would believe Roger Clemens was on it as well.

But, according to his lawyer, Rusty Hardin, the Rocket tested negative.

If reading last night's news about Barry Bonds got you all nostalgic for Roger Clemens' legal nightmare, you're in luck: both the New York Times and New York Daily News have updates today on where things stand.

Remember how Brian McNamee, Clemens' former trainer turned federal informant, turned over syringes and gauze that he claimed were used to inject Clemens with steroids several years ago? It seems that the feds may have obtained a viable DNA sample off the items -- at least if you're willing to connect some dots.

While the government hasn't made any official announcement, a source confirmed that investigators requested and received DNA samples from McNamee and three of his lawyers, who took possession and photographed the items before handing them over to authorities in January. From the Daily News:

"It suggests that they found DNA on the items, they want to determine who came into contact with the material," said a source with close knowledge of the matter.

At this point, it's a safe bet that any headline with the name "Roger Clemens" in it probably isn't going to cast Roger in the best light. (That is unless you subscribe to the Rusty Hardin News-Gazette. Only $15 for an entire year!)

It's no secret that at 45 years of age, Clemens is not that ideal candidate to suit up for the Olympic squad this summer. But he is Roger Clemens, the man that defies age and can teach those young kids a thing or two, right?

Well, not so much says Bob Watson.

"From my standpoint, we don't need that type of distraction," Watson said.

[ ... ]

"I have not talked to the commissioner. I have not talked to (MLB chief operating officer) Bob DuPuy, nor have I talked to his agent, but I just think the distraction that he's carrying right now, from my standpoint, we don't need that," Watson said.

What's most interesting about this is that Watson has not only been the GM of the Astros, but the Yankees as well. And even he's not feeling Rog nowadays.

To be fair, Watson indicated that Clemens elbow was another cause for concern, but I have a feeling without the Mitchell Report and the Mindy McCready allegations, Mr. Passion and Glory himself would have at least been invited on to the team as some sort of special instructor or coach. Such is life now for Clemens, I suppose.

At this point, Roger Clemens is a beaten man. Whoever, or whatever, leaked the recent stories about his adultery -- not least of which, the one about his relationship with the then-15-year-old Mindy McCready -- Clemens is, as my father might say, licked. Done. Finito. His reputation will never be the same, ever, and he'd do best to move on with his life secure in the knowledge that he's no longer the most popular jock in the school. Save any further embarassment to himself and to his family.

Alas, he hasn't quite come to grips yet:

They considered premature, at best, speculation that the former star pitcher is ready to drop his defamation lawsuit against his former trainer.

"Absolutely, there's been no action taken to dismiss his lawsuit," Clemens' lawyer, Rusty Hardin, said via phone from Las Vegas.

"First of all, I'm highly skeptical that Rusty and Roger will be smart enough to drop the suit, because they have not been smart enough to realize that was the best course," McNamee's lawyer, Richard Emery, said via phone from New York. "So I don't know why all of a sudden they would do what's best for themselves."

Is it just me, or are McNamee's lawyers the ones with bluster to spare these days. Those are the taunts of the victor. In the meantime, Rusty Hardin is sending meek little missives from Las Vegas, where presumably he and Roger are scouting up-and-coming talent for their country music label.

Mike Florio is an attorney who writes for ProFootballTalk.com and Sporting News, mostly on issues of football. Yesterday, he had an interesting legal article about the Roger Clemens self-immolation saga. He puts the blame on Clemens' attorney, Rusty Hardin, for the devolving mess that is now Clemens' reputation. He discusses Clemens legal case in depth here, and in short at PFT saying in conclusion:


Though I have to agree with him that the Clemens case has been a text book for celebrities on how not to preserve your reputation using the legal process, I disagree with my legal colleague on how much responsibility he puts for the Clemens mess on Hardin.

I am going to suspend disbelief for a brief moment and pretend that Roger Clemens and Mindy McCready did not have any sort of sexual relationship in the 10 years that they knew each other, when Rocket was allegedly sending her cash and taking her to parties with a slew of 90's related celebrities.

We are, after all, the land of Innocent Until Proven Guilty in America. But even if that is true -- and I have a difficult time believing it because of the conflicting nature of the relationships here -- what business does Roger Clemens have by being "just friends" with a 15-year-old girl anyway?

The approach that Roger Clemens has taken to public relations aspect of the burgeoning (or is it bludgeoning?) steroids scandel is the exact opposite of Andy Pettitte. He has shown up everywhere (more places than necessary, really) he needs to be, determined to let anyone and everyone know that he is a great family man. And one hell of a model American.

The most glaring incident of this is probably his appearance with Mike Wallace on 60 Minutes to announce that he was filing a defamation suit against Brian McNamee. There is one he-yuge problem with publicly announcing a defamation suit though: if you have a closet full of skeletons you're probably going to end up worse off because of it.

The New York Daily News reported late Sunday that "sources" say Roger Clemens had an ongoing sexual relationship with country singer Mindy McCready. Clemens' lawyer acknowledges the existence of the relationship but disputes that there was any "inappropriate relationship."


Here's the money graf from the News:

Roger Clemens carried on a decade-long affair with country star Mindy McCready, a romance that began when McCready was a 15-year-old aspiring singer performing in a karaoke bar and Clemens was a 28-year-old Red Sox ace and married father of two, several sources have told the Daily News.

Ohhh. Well. 15, huh? Yes, that would be awkward. It would also be awkward if, as the source claims, it was "love at first sight" when the two met in a Florida bar while McCready was singing and Roger was with his Red Sox teammates. Naturally, Clemens' ever Fletch Lives-looking lawyer, Rusty Hardin, is issuing strict denials of the sexual aspect of the relationship.

'He flatly denies having had any kind of an inappropriate relationship with her,' Hardin said. 'He's considered her a close family friend. ... He has never had a sexual relationship with her.'

Hardin said the Rocket's wife, Debbie, knew McCready and that the singer had traveled on his plane.

Regardless of whether there is/was/has been any sexual manner of interaction between the two, this is going to be Hardin's response, so there's not much to read into there. But if the Daily News' sources are accurate, things could get awkward, especially considering there are allegations of trips to Las Vegas, partying with Monica Lewinsky and Michael Jordan and "bundles of cash in FedEx packages" sent from Clemens to McCready.

The Mitchell Report: the gift that keeps on giving. Sigh.

I have to say, I don't particularly believe Roger Clemens. You can debate various small details of testimony, but in general, it is difficult to believe that Clemens former trainer told the truth about everyone else, but lied as it related to Clemens.

That being said, I don't believe the referral letter (full text here) or the committee's supporting memorandum (full text here) from Congress to the Justice Department recommending Clemens be prosecuted for perjury makes for a particularly compelling case.

In his press conference yesterday, Clemens' lawyer, Rusty Hardin seems to expect the Justice Department to file charges. Basically, the standard on whether to file charges is fairly low, prosecutors just need to show to a grand jury probable cause that the crime has been committed. The possibility of perjury charges being brought against Clemens is something Hardin knew when making him available to testify, and what Clemens was advised.

However, even though Congress just sprung their perjury trap with the letter, it isn't good enough for the government at time of trial just to say that a witness' testimony is implausible. Peter J Henning, who has thoughtfully covered the Clemens matter in his White Collar Crime Prof Blog notes:

Yesterday, Congress decreed that by the end of the week, it would be known whether or not Roger Clemens would indeed be asked to be investigated by the Department of Justice. Well, they certainly made their deadline, as news broke today that a letter was sent from Congress to the Attorney General and DOJ recommending as such.

Some details:

"Not everybody can be right, and the preponderance of the evidence in this case points to the fact that Clemens' comments are the most incongruous," Davis told the AP. "We are asking Justice to see what was the truth and what wasn't the truth."

The Justice Department may decide to pursue or ignore Congress' request. Spokesman Brian Roehrkasse said the department "is reviewing the letter and has no further comment at this time." If an inquiry is opened, it likely would be by federal investigators in Washington.

It's interesting that the Justice Department has the option not to pursue this -- at this stage we can only take so much Rusty Hardin on our TV screens. And furthermore, who knows if digging any deeper is really going to prove without a shadow of a doubt that Clemens is guilty.

The real loser in all this? Dan Burton. He tried so hard to prove Roger Clemens is A TITAN!