Apparently a congressional committee though the Rocket fizzled in front of it two weeks ago.
According to a published report, the first steps toward asking the Department of Justice to launch a criminal investigation into whether Roger Clemens perjured himself have been taken by the House Committee on Oversight and Government Reform.
The New York Times, citing two anonymous lawyers familiar with the case, today reported a draft letter referring Clemens had been drawn up at the end of last week. Clemens testified Feb. 13 before the committee that he never used performance-enhancing drugs.
The committee did not include Clemens’ accuser, Brian McNamee, in the letter, according to the report, but he may be included by the time the referral is sent to the Justice Department.
A referral by Congress has been anticipated even before the hearing. Clemens and McNamee have both stuck to their stories, engaging in a he said/he said dispute. There were several federal agents in the hearing room Feb. 13, including Jeff Novitzky, the IRS agent who led the BALCO investigation, sending a message that the Justice Department was interested.
Phlip Schiliro, committee chairman Rep. Henry Waxman’s chief of staff, told The Post tonight that no decision has been made and declined to comment on the committee’s process.
It will be interesting to see if a possible referral is done by Waxman or done along with minority leader Rep. Tom Davis. The Feb. 13 hearing broke down along party lines, with Republicans seeming to side with Clemens and the Democrats siding with McNamee.
The Justice Department could decide to investigate the matter on its own, but a referral from Congress would increase the chances that a probe is launched.
McNamee has been cooperating with the federal government since last year. He has testified that he injected Clemens with steroids and human growth hormone nearly 20 times. McNamee also turned over syringes and bloody gauze pads to the feds that he claims he used while injecting Clemens with drugs.
McNamee repeated these allegations to former Sen. George Mitchell, who included them in his report on steroid use in baseball that was made public Dec. 13.
Clemens has vehemently denied ever using PEDs. He was hurt in his congressional appearance by the testimony of his friend and former teammate Andy Pettitte. The Yankees pitcher recalled a conversation in 1999 or 2000 where Clemens admitted using HGH to him. Clemens repeatedly said Pettitte “misremembered.”
If a perjury probe is opened, Pettitte likely will have to speak with investigators or a grand jury.