Congress asks for Clemens inquiry

The "short-term consequences" did not dissuade Clemens, Hardin said, because the pitcher insists the allegations against him are not true.

Clemens has resolutely and repeatedly denied that he ever used performance-enhancing substances.

But, in addition to McNamee's testimony, the letter said Clemens' testimony was contradicted by former teammate Andy Pettitte, who testified Clemens told him he had used HGH. The letter also noted McNamee corroborated two conversations with Pettitte about Clemens' use of steroids and HGH.

The referral simply asks for an investigation. The Justice Dept. need not investigate -- although Hardin said he expected an investigation was underway even before the referral -- and there is no certainty that an investigation would lead to charges.

"We are currently reviewing the letter," Justice Dept. spokesman Paul Bresson said. "We have no further comment."

Waxman laid out the case for the referral in an 18-page document -- prepared for Democratic members of the committee -- citing "seven sets of assertions" by Clemens that appeared to be "contradicted by other evidence . . . or implausible."

In addition to the core issue of whether Clemens lied in his denials of using steroids and HGH, the letter and document cite concerns about his truthfulness on other points. They include his testimony that McNamee injected him with lidocaine and Vitamin B-12; that he never spoke to McNamee about HGH; and that he did not attend a party at Jose Canseco's Miami home in 1998.

The bipartisan letter appeared to indicate that Waxman and Davis had resolved the wide divide during the hearing, in which Democrats largely challenged Clemens and Republicans generally confronted McNamee.

However, Davis issued a subsequent statement in which he appeared to chide Waxman for overstepping the bounds of the inquiry.

"Our referral focuses on the core question before the committee: whether Roger Clemens used steroids or other performance enhancing drugs," Davis said.

"Some may want to 'help' the Department of Justice by characterizing evidence or packaging apparently contradictory quotes on other questions to help make a case for perjury. I don't think that's necessary."

If the Justice Dept. decides to investigate, Davis said later, "I'm sure that McNamee's statements will be appropriately scrutinized."

Hardin said he was not surprised that McNamee was not included in the referral.