Congress asks for Clemens inquiry

"I think Chairman Waxman would never have allowed that to happen," Hardin said. "He is the man who apologized to an admitted dope dealer."

Said Waxman: "I'm sorry he feels that way. I didn't see any evidence McNamee lied."

At the end of the hearing, Waxman said he wanted to apologize to McNamee, who obtained and provided steroids and HGH without a legitimate medical prescription, for enduring some harsh and "really unwarranted" comments from some committee members.

Mathew Rosengart, a former federal prosecutor and adjunct professor at Pepperdine Law School, said Clemens could be indicted within the 18-month term of a grand jury, given that Congress can provide depositions and other evidence to federal investigators. Each count of perjury carries a maximum prison sentence of five years, he said.

"The referral gives the Dept. of Justice a little bit of a push and makes it more likely a grand jury investigation will commence," he said.

"If a grand jury is convened, given the referral from Congress and given that somebody lied to Congress, it would be more likely than not that government would seek an indictment."

Katherine Darmer, a Chapman University law professor and former federal prosecutor, called the referral proper.

"If they didn't refer this, it would look like they were giving favorable treatment to a successful athlete who is well-liked by some," Darmer said.

"This has an even-handedness to it. He made so many blatant misstatements that contradict not only McNamee, who some people don't think has any credibility, but Pettitte, who has no incentive to contradict Clemens."

On Wednesday, the first day of the exhibition season, baseball clubs went about their business.

In Vero Beach, Fla., the spring home of the Dodgers, Torre said he could offer no conclusions about Clemens' guilt or innocence, only melancholy about Wednesday's developments.

"It just saddens me because he's had a great career," Torre said.

"He's certainly a Hall of Famer for everything, the pitcher he was. It's too bad."

Even if Clemens were convicted of perjury, he would remain eligible for the Hall of Fame, said Jack O'Connell, secretary-treasurer of the Baseball Writers Assn. of America.

In Kissimmee, Fla., at the training site of Clemens' hometown Houston Astros, the pitcher declined to speak with reporters about Wednesday's events.

He did throw a few rounds of batting practice, offering a few farewell words as he drove away in his black Hummer: "See y'all tomorrow."

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Times staff writers Lance Pugmire in Los Angeles, Dylan Hernandez in Vero Beach, Fla. and Richard B. Schmitt and Richard Simon in Washington contributed to this report.

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bill.shaikin@latimes.com