Roger Clemens Trial Set to Begin on Wednesday

One issue that could delay the trial is a defense request to obtain audio recordings of Clemens interviews in February 2008 with House investigators. Prosecutors plan to read portions of the transcript of the interview to the jury, but the defense wants the audio tapes to be played.

Napolitano, McCain Spar Over Arizona Immigration Watch Video

Could Food Dye Cause Hyperactivity? Watch Video

Even Marshmallows Have Food Dye Watch Video

The issue is complicated by the fact that the recordings were made by the House Clerk's office. The transcripts were released when the House Committee on Oversight and Government Reform asked that the transcripts be made available as part of their investigation, but the audio recordings were never released.

Walton said he had concerns about trying to get the recordings since they would be protected by the Speech and Debate clause, limiting the powers of the executive branch to compel Congress to take certain actions. Walton urged the prosecutors to see if the committee would request that the audio recordings be released.

"There is a lurking due process issue here -- not being able to hear the tone and voice [of Clemens]," Clemens' defense attorney Rusty Hardin said.