Based on anonymous sources, the New York Times is reporting that the Department of Justice is ready to indict Roger Clemens on charges that he perjured himself while testifying under oath before Congress.

Federal authorities have decided to indict Roger Clemens on charges of making false statements to Congress about his use of performance-enhancing drugs, according to two people briefed on the matter.

 

An announcement is expected shortly.

 

The indictment comes nearly two and half years after Clemens and his former trainer Brian McNamee testified under oath at a hearing before the House Committee on Oversight and Government Reform, directly contradicting each other about whether Clemens had used the banned substances.

Good. f*** you, Roger!

Good. f*** you, Roger!

I was just about to post that.

 

Good. f*** you, Roger!

 

I concur

I can't believe those hearings were two and a half years ago. I had to look it up to see if that wasn't a mistake.

 

I hope justice is done (whatever that may be).

 

Clemens makes me sick.

I can't believe those hearings were two and a half years ago. I had to look it up to see if that wasn't a mistake.

Perjury charges flat out take forever.

Perjury charges flat out take forever.

 

They should, they are difficult to prove. The feds must be confident (but aren't they always). This kind of puts Dombrowki's recent comments about there being a lot more evidence to come out against Roger in a possible new light.

Former baseball star Roger Clemens was indicted for allegedly lying to Congress during his 2008 testimony before a House committee regarding steroids in baseball.

 

He is charged with one count of obstruction of Congress, three counts of making false statements and two counts of perjury, according to federal officials. The charges stem from his February 2008 testimony before the House Committee on Oversight and Government Reform.

 

Clemens, 48, faces a combined maximum sentence of 30 years in prison and a $1.5 million fine, but under the advisory U.S. Sentencing Guidelines, the range of imprisonment is presently 15-21 months, said the U.S. Attorney's office for the District of Columbia.

Link with official documents.

So wait, this guy used performance enhancing drugs while playing professional baseball? That's weird.

Clemens case declared a mistrial after prosecutorial misconduct.

The judge declared a mistrial Thursday in baseball star Roger Clemens' perjury trial after prosecutors showed jurors evidence that the judge had ruled out of bounds.

 

U.S. District Judge Reggie Walton said Clemens could not be assured a fair trial after prosecutors showed jurors evidence against his orders in the second day of testimony.

 

Walton scheduled a Sept. 2 hearing to determine whether to hold a new trial. Rusty Hardin, Clemens' attorney, said he needs until July 29 to file the motion for the hearing. The prosecution has until Aug. 2 to respond.

 

Walton told jurors he was sorry to have wasted their time and spent so much taxpayer money, only to call off the case.

This tweet made me LOL

 

Roger Clemens, celebrating his steroid case being declared a mistrial, throws car across parking lot.

In other news, if you want to be a lawyer, go to prosecutors school. They obviously need them pretty badly these days.

Bummer!

Wow it sounds like there is a pretty good chance that jeopardy has attached at this point and they won't be able to try Clemens again.

Wow it sounds like there is a pretty good chance that jeopardy has attached at this point and they won't be able to try Clemens again.

How is that possible on a mistrial?

How is that possible on a mistrial?

 

They had a legal expert on ESPN say that jeopardy usually attaches when the first witness takes the stand.

They had a legal expert on ESPN say that jeopardy usually attaches when the first witness takes the stand.

Well then this would be one epic DOJ cluster(bleep).

Now that the trial has been terminated, the primary question that arises is whether double jeopardy would apply. The Fifth Amendment protects citizens from being prosecuted twice for the same crime. In a criminal case jeopardy generally attaches once the jury has been empanelled. In the Clemens case, the jury was empanelled and the government had already called multiple witnesses when they introduced the inadmissible evidence.

 

While jeopardy attached, Judge Walton's decision to declare a mistrial will likely allow the government to re-try the case. In US vs. Perez (22 U.S. 579), the U.S. Supreme Court held that a second trial does not violate a defendant's constitutional rights as long as the trial judge has declared a mistrial in the first proceeding based on "manifest necessity." The Court did not have a specific formula for determining this necessity other than to say the trial judge needed to exercise sound discretion.

Link

Transcripts indicate that the prosecution in this case deliberately showed the evidence that they weren't permitted to use.

 

This is pretty likely to piss the judge off.

Transcripts indicate that the prosecution in this case deliberately showed the evidence that they weren't permitted to use.

 

This is pretty likely to piss the judge off.

 

Well that ought to be the nail in the coffin then.

Judge rules Clemens retrial is not barred. Clemens's side is able to appeal this ruling upwards. A new trial might take well over a year to start.

Transcripts indicate that the prosecution in this case deliberately showed the evidence that they weren't permitted to use.

 

This is pretty likely to piss the judge off.

 

Good thing prosecutors are immune from actually being held accountable for this sort of behavior. /tangent

I was a big Clemens fan. It makes me sick he cheated.

Andy Pettitte is on the stand in Clemens's re-trial the last couple days. He's the prosecution's star witness because he can state that Clemens told him he was juicing. Clemens's defense is claiming that pettitte misremembered the conversation. Today, Pettitte admitted under oath that it's possible he misremembered or misheard the statement. This might well destroy the prosecution's case a 2nd time.