Today's report contends that the committee did not fully examine why McNamee "might provide truthful testimony about Pettitte and Knoblauch, but false testimony about Clemens. For these reasons, the Republican staff did not subscribe to it. "
"More concerning, however, the Democratic memorandum reads like an advocate's brief or prosecutorial indictment of Roger Clemens," the report reads.
The report "aimed at presenting and comparing some of the key differences in disputed facts," cites testimony from James Clodfelter, who said he hosted Clemens at his Florida golf club the day of Canseco's party and that Clemens did not attend the festivities at his teammate's house, as well as Glenn Dunn, a friend of Canseco's who also said that Clemens was not at the party. Clemens had denied attending the party, although he admitted at the hearing that he might have stopped by Canseco's after his golf outing.
The report also backs up Clemens' statements that he received B-12 shots, even though they are not reflected in the player's medical files, with Yankees trainer Gene Monahan testifying that the team did not always record these injections. Clemens had said that he was only injected with vitamin B-12 and the painkiller lidocaine.
McNamee had stated that Clemens developed an abscess on his buttocks while a member of the Toronto Blue Jays in 1998. But the minority report cites testimony from two team doctors and trainers that shows that the injury was a bruise, rather than an abscess. Clemens has steadfastly refuted that he ever had an abscess.
The report also notes conflicts between the testimony of McNamee and other witnesses, citing that McNamee and Pettitte testified differently about Pettitte's 2002 human growth hormone use. McNamee and Blue Jays trainer Tommy Craig testified differently about Clemens' 1998 buttocks injury, and McNamee and Clemens' sports agent Jim Murray testified differently about a meeting they had, according to the report.
"We believe the Democratic memorandum does not fully represent the investigative work of the committee or the evidentiary record," the minority report states. "Instead of concentrating on the ultimate question — whether Clemens was untruthful about his use of anabolic steroids and human growth hormone — the memorandum goes far afield into Clemens' recollections about inconsequential matters."
The day after Waxman and Davis sent their letter to Attorney General Michael Mukasey, the Justice Department directed the FBI to launch an investigation.
The minority staff said Tuesday that they would be passing along interview notes and other information related to their report to the Justice Department.