Sports

EXPERT: LAWSUIT BY ROG UNLIKELY

While Roger Clemens denies the Mitchell Report’s accusations he used steroids, don’t expect him to do it in a courtroom.

At least one expert believes a suit by Clemens against former Senator George Mitchell, Major League Baseball and/or Clemens’ former trainer, Brian McNamee, would be a bad idea.

“He most likely would be considered a public figure,” said Brian Socolow, an attorney at Loeb & Loeb who has followed the steroid controversy closely.

“If you’re a public figure, you have to demonstrate there was some kind of malice in the publication of the defamatory statement. They would have a tough time proving George Mitchell issued his report with malice.”

More likely than hearing Clemens in court is hearing Clemens in a congressional hearing room. Congress members seem eager to hear from Clemens.

He could get an invitation – or a subpoena – to one or both of two hearings scheduled for next month.

Socolow said Clemens better be careful if he testifies under oath.

“That would put him in a bind,” he said. “If he swears to tell the truth, he better do it.”

Socolow believes the key is for Clemens to be honest with his attorneys about the allegations McNamee told Mitchell. Then, they can decide how to proceed.

“The first thing that has to happen is he, his lawyer and his agents have to understand the true facts,” Socolow said. “Once they come up with that, they can come up with a strategy to clear his name. It might be a lawsuit of defamation or to testify before Congress or to provide a point-by-point response to the Mitchell Report.”

Rusty Hardin, Clemens’ attorney, did not return calls yesterday.

If Congress decides to invite Clemens to a hearing or subpoena him, he could be another Mark McGwire or he could learn from how McGwire’s repeated line of, “I’m not hear to talk about the past,” damaged his reputation.

Or he could be Rafael Palmeiro and wag his finger at the congress members while issuing a denial. Palmeiro failed a drug test two months later but he was never charged with perjury.

“The key is Clemens cannot put himself in that position,” Socolow said. “His lawyer should understand what the facts are so Clemens doesn’t follow Palmeiro’s folly and wave his finger when he is lying.

“That’s a set-up for perjury. The lawyer needs to know what Clemens has to say and the forum he can say it in.”

brian.costello@nypost.com