Roger Clemens was referred to the Justice Department for a perjury investigation Wednesday in a bipartisan letter that cites repeated contradictions in Clemens' sworn testimony and alleges he "may have intentionally misled" Congress by denying he ever used steroids or human growth hormone.
"Significant questions have been raised about Mr. Clemens' truthfulness," said Rep. Henry A. Waxman (D-Beverly Hills) and Rep. Tom Davis (R-Virginia) in a letter to Atty. Gen. Michael Mukasey.
So baseball's steroids era has come to this: Clemens, winner of a record seven Cy Young Awards, could face a federal grand jury probe as Barry Bonds, the all-time home-run leader and winner of a record seven Most Valuable Player awards, faces trial for allegedly lying under oath when he told a grand jury he had never knowingly used steroids.
"It's a black eye on the game," said Dodgers Manager Joe Torre, who managed Clemens for six seasons with the New York Yankees.
The letter did not refer Brian McNamee, the former trainer who claims he injected Clemens at least 16 times with steroids and HGH, an indication the House Oversight and Government Reform Committee was satisfied McNamee told the truth when he testified alongside Clemens on Feb. 13.
Clemens intends to proceed with his defamation suit against McNamee, meaning Clemens is suing McNamee for lying in statements the government could use to argue Clemens is lying. In any court, said Clemens' lead attorney, Rusty Hardin, he looks forward to cross-examining witnesses about what he said were inconsistencies in depositions before Congress.
"We will get, in civil court alone, or in civil and criminal court together, what we believe is the only reliable lie detector test, and that is a jury," Hardin said.
Richard Emery, an attorney for McNamee, said the referral represented "complete and utter public vindication for Brian" but said the possible criminal prosecution of a potential Hall of Famer offered no cause for celebration.
"I think it's quite sad, but it was inevitable given Clemens' delusional testimony," Emery said. "His lawyers walked him into what I'm calling the hall of infamy."
Hardin called the referral "an event of no consequence," noting that the Justice Dept. has the authority to investigate no matter what Congress might ask and that Clemens was warned by his legal advisors for months that disputing the Mitchell Report under oath could lead to a perjury referral from Congress.
