Potential New Photos May Damage Clemens' Credibility

McNamee's lawyer, Richard Emery, said, "I haven't seen the photos but I believe [they] exist. I draw the obvious conclusion. But it only corroborates totally believable testimony from Brian."

If photos exist and indeed depict Clemens at the party, legal experts will debate whether federal prosecutors could claim that Clemens lied about the party, pointing to the fact that a picture in a pool is not indicative of dropping off a family member.

With the starkly different stories between Clemens and McNamee, much of the debate has centered on the credibility of the two men.

UCLA Law Professor Laurie Levinson said the half-sentence Clemens uttered at the hearing in which he acknowledged that he might have been at the party might work in the pitcher's favor.

"He could come back and say there was some confusion," she said, "something like, 'I thought they were asking me if I was there doing drugs.' Legally, it comes down to whether the prior statement was actually false, or was just incomplete. It goes to intent."

Congress is still considering whether to refer the case to the Department of Justice for further investigation. IRS Special Agent Jeff Novitzky, the lead investigator into a prior federal investigation into steroid use that resulted in several indictments of professional athletes, sat in the second row of Clemens' congressional hearing.

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