Clemens & Congress: What Happens Next?

Feb. 14, 2008 — -- During Wednesday's hearing on Capitol Hill, which lasted more than four hours, members of the U.S. House of Representatives Committee on Oversight and Government Reform interrogated Brian McNamee and Roger Clemens about their irreconcilable stories concerning McNamee's work as Clemens' trainer. The proceedings, which included newly disclosed evidence, raised further questions about the possibility of future criminal investigations and charges. Here are some of the questions and their answers:

Did the hearing produce any evidence that could cause problems for Roger Clemens?

Yes. Clemens and his team of lawyers and crisis management experts should worry about two developments in the hearing.

Rusty Hardin, left, and Lanny Breuer, Roger Clemens' top two attorneys, found plenty to which to object during Wednesday's hearing. First, Clemens had no solid answer for the devastating testimony and written statement from Andy Pettitte. Not only did Pettitte corroborate McNamee's testimony about Pettitte's use of HGH, he also established a chronology on Clemens' statements about HGH that could lead to a perjury charge. Responding to Pettitte's assertion that Clemens told him he used HGH, Clemens insisted on several occasions during Wednesday's hearing that Pettitte had "misunderstood" him. He suggested that the subject of the Pettitte-Clemens conversation was the use of HGH by Clemens' wife. Clemens even tried to interrupt committee chairman Henry Waxman to repeat his claim at the end of the hearing, and Waxman gaveled him into angry silence. The problem for Clemens is that Debbie Clemens' use of HGH came two years after Clemens' conversation with Pettitte. And, as Waxman explained, that means Clemens "made untrue statements in his deposition [sworn testimony to the committee last week]."

Second, Clemens and his legal team blundered into the possibility of a charge of tampering with a witness. The potential charge could stem from their handling of a committee request for information about a woman who once served as a Clemens family nanny. (The committee staff requested the woman's contact information last week.) The committee wanted to ask her about a barbecue luncheon at Jose Canseco's house in Miami in June 1998, and whether Clemens attended the party. The protocol for producing a witness requires that a lawyer, or an investigator for the lawyer, contact a witness and send their information to the committee. Instead of following the protocol, Clemens called the former nanny personally and invited her to his home for a meeting on Sunday. We do not yet have the entire content of their conversation, but it is clear that he discussed the inquiry with her. Waxman was clearly angry that Clemens talked with the nanny before the committee's staff interviewed her and said, "At the very least, it has the appearance of impropriety."