Roger Clemens risks being in contempt of court
Former MLB pitcher Roger Clemens pauses as he speaks to the media outside federal court in Washington, Monday, June 18, 2012, after he was acquitted on all charges by a jury that decided that he didn't lie to Congress when he denied using performance-enhancing drugs. Credit: AP / Pablo Martinez Monsivais
A federal magistrate judge Tuesday ordered Roger Clemens to explain why he should not be held in contempt of court and fined for his "deliberate violation'' of a series of judges' orders during the discovery process in Brian McNamee's defamation suit.
U.S. magistrate judge Cheryl Pollak said Clemens has until Dec. 19 to file papers in Brooklyn federal court explaining why he should not be penalized for failing to comply with repeated court orders involving hundreds of emails McNamee has sought for nearly two years.
Clemens has long contended, despite rulings to the contrary, that any email involving his agent and publicist were covered by "attorney-client privilege'' because his agent, Randy Hendricks, is an attorney in Texas and they were discussing information related to litigation.
But Pollak wrote that the hundreds of emails she reviewed "mostly concern discussions of ways to promote or defend Clemens' public image and reputation.'' She gave him until next week to give his former trainer the emails, even those that at one time may have been considered covered under attorney-client privilege.
Pollak's ruling comes just days after McNamee attorney Richard Emery released a redacted transcript and a video clip of Clemens' deposition to The New York Times. Clemens' attorney Rusty Hardin, who declined to comment about Tuesday's filing, said last week that was "a disgusting tactic'' by Emery designed to pressure Clemens into negotiating an out-of-court settlement.
McNamee's suit, filed six years ago, contends Clemens defamed him by saying the trainer lied about injecting him with performance-enhancing drugs. A trial in Brooklyn federal court is in line to take place as early as next spring.
Jim Baumbach is an award-winning investigative reporter at Newsday, where he has worked since 1998. He spent two decades in the sports department, where he covered every professional team and league, including events such as the Super Bowl and World Series.
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