Committee chairman warns Clemens lawyer over comments

[Ron Burgundy]

AFP - US House of Representatives Oversight Committee chairman Henry Waxman warned Roger Clemens' lawyer Rusty Hardin about comments Sunday that could be seen as threats to intimidate a federal agent.

Waxman's warning came in a letter sent to Hardin ahead of Wednesday's Capitol Hill committee hearing featuring star baseball pitcher Clemens and his former trainer Brian McNamee, who has accused Clemens of being a dope cheat.

Waxman noted comments to the New York Times in a Sunday story in which Hardin said it would be "unbelievable" and "brazen" for federal agent Jeff Novitzky to attend Wednesday's committee hearing.

"I can tell you this: If he ever messes with Roger, Roger will eat his lunch," Hardin told the newspaper.

That prompted Waxman, who has the power to seek a US Justice Department investigation into the dispute over possible perjury, to make his first public comments regarding the public back-and-forth lawyer comments to the media.

"Some of the previous comments by both you and the attorneys representing Mr. McNamee in recent weeks have struck me as inadvisable but I have refrained from making any comment," Waxman wrote.

"If today's quotation is accurate, however, it goes beyond any personal enmity that exists between Roger Clemens and Mr. McNamee.

"I do not know your intent in making this statement, but under one interpretation it can be seen an attempt to intimidate a federal law enforcement official in the performance of his official duties.

"Given your long service as both a prosecutor and a private attorney, I trust you did not intend your comments to be a signal that there could be adverse repercussions to a federal law enforcement official for attending the hearing or taking other official actions.

"I would urge you to clarify the record at your earliest convenience."

Novitzky very likely would attend to see the testimony of McNamee and Kirk Radomski, an admitted steroid distributor who will also testify. Both made deals that depend on truthful testimony with Novitzky in position to evaluate.

"I have never met with or spoken to Mr. Novitzky and have no information whether he intends to attend. As an independent branch of government our inquiry operates independently of the executive branch," Waxman wrote.

"And as a witness in our independent investigation, it is not your client's prerogative to dictate who attends or does not attend the hearing."

Novitzky, a key figure in pursuing the BALCO steroid scandal, was the federal agent to whom athletics star Marion Jones lied, leading to a six-month prison sentence and her admission of doping at the 2000 Olympics that led her to return five medals won at the Sydney Games.

Novitzky has also been a key figure in the perjury and obstruction of justice charges being brought against US baseball home run king Barry Bonds for denying he was a dope cheat to the BALCO grand jury.

Hardin hinted that Novitsky has been meddling in the case as well.

"Novitzky has been nibbling around the edges, calling the other people's lawyers, making sure they are careful about what they say," Hardin told the Times.

"He does not have a sacred mission from God to mess up everybody's life. So I will be delighted to meet him and let him hear from Roger."

Hardin made it clear that Clemens would not be intimidated by the presence of the man who was key in bringing down Jones and has Bonds facing charges.

"He can sit there at the same time and we would be delighted to hear from him but it sure does send a message," Hardin said.

source: http://news.yahoo.com/s/afp/20080211/pl_afp/baseballusadopingclemenspolitics [link]