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McNamee's lawyer predicts presidential pardon for Clemens
AP & Dallas Morning News ^ | February 14, 2008

Posted on 02/14/2008 11:38:14 AM PST by JZelle

One of Brian McNamee's lawyers predicted that Roger Clemens will be pardoned by President Bush, saying some Republicans treated his client harshly because of the pitcher's friendship with the Bush family.

Lawyer Richard Emery made the claims Thursday, a day after a congressional hearing broke down along party lines. Many Democrats were skeptical of Clemens' denials that he used performance-enhancing drugs and Republicans questioned the character of McNamee, the personal trainer who made the accusations against the seven-time Cy Young Award winner.

"It would be the easiest thing in the world for George W. Bush given the corrupt proclivities of his administration to say Roger Clemens is an American hero, Roger Clemens helped children," Emery said in a telephone interview. "It's my belief they have some reason to believe they can get a pardon."

During Wednesday's session before the House Committee on Oversight and Government Reform, Clemens repeated his denials under oath, which could lead to criminal charges if federal prosecutors conclude he made false statements or obstructed Congress.

"I'm not aware of Mr. Clemens having been charged with anything," White House deputy press secretary Tony Fratto said after being told of Emery's remarks.

Emery cited Bush's decision last year to commute the 2 1/2-year prison sentence of I. Lewis "Scooter" Libby, his vice president's former top aide. Libby was convicted in the case of the leaked identity of a CIA operative.

(Excerpt) Read more at dallasnews.com ...


TOPICS: Culture/Society
KEYWORDS: baseball; clemens; mcnamee; richardemery; steroids
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To: auboy
"The entire lot are a waste of oxygen human existence."

Thought I'd give that a little Gaylord Perry style doctoring...

121 posted on 02/14/2008 1:27:24 PM PST by Cletus.D.Yokel (Emory Board? Check! Vaseline? Check! Chip of razor blade in glove? Check! Let's go!)
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To: Cletus.D.Yokel

He would make a good one. The last real Commissioner was Bart Giamonti, IMHO. Selig is a joke, a bad one.


122 posted on 02/14/2008 1:28:59 PM PST by auboy
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To: trumandogz

Someone with photoshop needs to fix a picture of Clemens with an ear growing out of his forehead, I think that was the words he used. hehe


123 posted on 02/14/2008 1:29:45 PM PST by BOBWADE
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To: MortMan
Big time jail time should only be awarded for crimes proven in a court of law. The evidence needs to be “beyond a shadow of a doubt”, and that does not include opinions based solely on how a defendant presents himself.

Of course. And if Roger is charged with lying to Congress, he will have the presumption of innocence in court, same as any other defendant.

Not “beyond a shadow of a doubt”. Beyond a reasonable doubt. That's the legal standard in this country.

In this case, there is no credible evidence (that I have seen) that proves Clemens guilty of perjury (which is the only legal charge he could face, IIRC).

There I can't agree with you.

Either Clemens is lying or Andy Pettite is. His accuser might not be a choirboy (few witnesses in drug crimes are), but his claims have gained much credibility through Pettite's admissions.

124 posted on 02/14/2008 1:30:47 PM PST by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: Cletus.D.Yokel
In 2006, I started the George W. Bush for Commissioner of Baseball campaign.

Perhaps that is why Dubya is pushing for Amnesty.

125 posted on 02/14/2008 1:32:37 PM PST by trumandogz ("He is erratic. He is hotheaded. He loses his temper and it worries me." Sen Cochran on McCain)
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To: trumandogz

Roger did say it was because his Mother told him to — that he starting using B12.

He has no original ideas. He was simply doin’ what others told him to do. Yeah, that’s the ticket.


126 posted on 02/14/2008 1:32:38 PM PST by i_dont_chat (Your choice if you take offense.)
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To: i_dont_chat

So he has ratted out his wife, his best friend and his mommy.

Roger’s Dog had better get himself a good lawyer.


127 posted on 02/14/2008 1:34:17 PM PST by trumandogz ("He is erratic. He is hotheaded. He loses his temper and it worries me." Sen Cochran on McCain)
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To: bill1952
Yet.
128 posted on 02/14/2008 1:50:05 PM PST by Jokelahoma (Animal testing is a bad idea. They get all nervous and give wrong answers.)
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To: highball
You are correct - it is a reasonable doubt - my bad.

Pettite's admissions are not under oath, as I understand the current situation, therefore I did not consider them "evidence". Hearsay is not allowed as evidence in criminal cases.

129 posted on 02/14/2008 1:55:15 PM PST by MortMan (Those who stand for nothing fall for anything. - Alexander Hamilton)
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To: MortMan

I could be wrong, but I thought Pettite gave a deposition, which would have been under oath.

I’m also no lawyer, but I’ve watched enough “Law and Order” to know that hearsay is allowed under certain circumstances. I’m pretty sure that in a perjury trial, utterances by the defendent that contradict the veracity of his statements before Congress will be admissible.

I think Roger’s toast. I no longer believe him (and I did at first) - I’m now convinced that he lied to Congress, and for that he deserves to spend some time in jail.


130 posted on 02/14/2008 2:17:27 PM PST by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: GraniteStateConservative

Ya see this?


131 posted on 02/14/2008 2:30:38 PM PST by happinesswithoutpeace (You are receiving this broadcast as a dream)
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To: trumandogz

After viewing the photographic evidence I find that Mrs. Clemens is definitely NOT GUILTY!!


132 posted on 02/14/2008 2:50:30 PM PST by copaliscrossing (If stupidity were barrels of oil, we should start drilling the liberals heads right now!!!)
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To: auboy

I’ll buy that big time.!!!!!


133 posted on 02/14/2008 2:52:48 PM PST by Unicorn (Too many wimps around.)
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To: copaliscrossing

I agree!!!


134 posted on 02/14/2008 2:55:08 PM PST by Unicorn (Too many wimps around.)
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To: MortMan

And Canseco signed an affidavit saying Clemens didn’t juice.

So...who is more credible; Petitte or Canseco?

It’s a den of thieves folks.


135 posted on 02/14/2008 4:13:27 PM PST by Cletus.D.Yokel (Emory Board? Check! Vaseline? Check! Chip of razor blade in glove? Check! Let's go!)
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To: copaliscrossing

I’m still stuh...stuh...stuh...studying the....

EVIDENCE!!!!!

Okay, I’m through now. Not guilty


136 posted on 02/14/2008 4:15:12 PM PST by Cletus.D.Yokel
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To: dmz

The part I find distrubing is Clemens lets McNamee take his wife in their bedroom behind closed doors for an injection. But Roger states he had no idea what they were doing.


137 posted on 02/14/2008 6:31:55 PM PST by Orange1998
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To: trumandogz; wideawake

Why am I not surprised that you two would take that position?


138 posted on 02/14/2008 8:49:26 PM PST by Eric Blair 2084 (Alcohol, Tobacco and Firearms shouldn't be a federal agency...it should be a convenience store.)
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To: Eric Blair 2084

As a lifelong Mets fan, it’s actually pretty out of character to criticize McNamee as well as Clemens.


139 posted on 02/15/2008 5:38:37 AM PST by wideawake (Why is it that those who call themselves Constitutionalists know the least about the Constitution?)
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To: MortMan

Mortie, let me help you with a couple of legal terms in addition to the standard of proof.

“Deposition” - That is a question and answer session that is under oath.

“Circumstantial evidence” - that is evidence that can be used to convict a man, even if you don’t have any direct evidence. Let me explain. A test that shows Roger positive for HGH - that would be direct evidence. The fact that Pettitte says, “He told me he used HGH.” That is circumstantial evidence of his guilt. THAT IS ENOUGH TO CONVICT HIM BY ITSELF.

You can also use circumstantial evidence to show support for other evidence. Therefore, the fact that Debbie Clemens was injected by the same McNamee in their house, during the relevant time period, is strong evidence that Clemens knew McNamee dispensed HGH, which makes you wonder how she would get it and not him. It’s evidence that Clemens could have gotten HGH from him. It’s evidence that supports McNamee’s version of everything about Clemens. Etc, etc, etc. By itself, it doesn’t prove that Clemens took HGH, but it provides support, corroboration, and veracity to McNamee’s allegations.

“Hearsay” - an out of court statement offered for the truth of the matter asserted. Pettitte’s answers to questions in a deposition are NOT hearsay. And they can be used as evidence, if Pettitte decides to say something different and an attorney chooses to use those word to impeach him.

“Admission” - a statement from a witness (Pettitte) that a party (Roger Clemens) has told him something that is against the party’s (Clemens) interest is an admission, and that is not hearsay. A person’s own words, by admission, can be used against you in a court of law.

I suggest you find a different law school to learn about the law.


140 posted on 02/15/2008 8:05:40 AM PST by diamond6 (Everyone who is for abortion has been born. Ronald Reagan)
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