DOJ Likely to Have Compelling Evidence in Roger Clemens Indictment

Major league pitcher Roger Clemens was indicted today for obstruction of Congress and other charges related to statements he made to a congressional committee in 2008, charges that stem from a 2008 appearance by Clemens and his former trainer, Brian McNamee, before the House Committee on Oversight and Government Reform.  In their sworn testimony, the two contradicted each other, with Clemens denying that he used performance-enhancing drugs.  Joshua Berman, a former DOJ attorney, now with the Washington office of Katten Muchin Rosenman LLP, who is familiar with this case and has handled numerous perjury cases throughout his career, is available for comment on the indictment.

"This indictment will once again fan the flames of baseball's long-running relationship with steroids," Mr. Berman says.  "In order to bring these charges in such a high-profile matter, the case had to have been carefully vetted at the highest levels of the Department of Justice.  Perjury charges are notoriously difficult to prove, but we need only look at the one count on which former Illinois Governor Rod Blagojevich was convicted earlier this week to realize that its far from impossible.  That said, the prosecution must have 'real proof' in order to even consider bringing a case like this, and that proof likely includes forensic evidence and live witnesses, rather than just hearsay."

Mr. Berman is available for interviews about the indictment of Mr. Clemens. [08/19/2010]