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February 27, 2008
Swing, batter batter
Posted: 06:02 PM ET
Lisa Bloom

Lisa Bloom is a frequent contributor to the AC360 Blog.

It is not the least bit surprising that Roger Clemens may now be investigated by the Justice Department. His sworn deposition testimony and his statement under oath to the House Oversight Committee always seemed to me to be a setup, a slow pitch, for this obvious end result: legal action against him. If they can’t get him for the steroids, they can try to get him for perjury.

Martha Stewart.

Scooter Libby.

Why on earth would Clemens, represented by competent counsel who surely advised against it, fall into this trap? Why do prominent people testify under oath when they don’t have to, knowing this will give hostile authorities new ammunition? Must be a combination of ego and denial that scientists have not yet cracked.

- Lisa Bloom, “In Session” Anchor/360° Contributor

Read more Lisa Bloom blogs on “In Session”

7 Comments
Filed under: Lisa Bloom
7 Comments
Cindy   February 27th, 2008 6:15 pm ET

Lisa,
My thinking is his ego makes him think that if he talks enough and tries to explain everything away then we will believe him. But the more he talks the guiltier he sounds!

Cynthia,, Covington, Ga.

Robert - Jakarta   February 27th, 2008 7:25 pm ET

“Hostile authorities”?
Well, perhaps a little psychological analysis is due: people lie because of gain and control. We learn to lie as children in order to control our perceived universe (gain attention, get goodies, etc.) but once we learn this control, as adults we are more likely to employ lies to get those bigger things (fame, fortune, sex).

There are verbal and visual clues for recognizing lies but defense attorneys know these and teach through these cues. The end result, if done well is a witness that “looks” credible but when poorly coached, the witness will exhibit 180-degree opposite verbal and visual cues… a red herring (make constant, unusual eye contact; strain voice or keep it at constant pitch; maintain rock-solid body posture; sound rehearsed or like a “broken record”).

Clemens would lie, not out of ego (a simplistic, sexist sentiment) but because of the trap he finds himself ensnared. He has an image, he has financial responsibilities, he has children, friends, family, a home… maintaining these weigh as much on his mind as the truth. That’s why courts will rely more heavily on substantiating physical evidence than on witness testimony alone.

The contradictory testimony is what has damned him. What would be interesting to watch is how his connection with the Bush family plays into this. He may be banking on those connections to get a friendly investigation from the Justice Department and federal investigators. Will that happen?

Robert
Jakarta

Michael, NC   February 27th, 2008 7:26 pm ET

He has no basis to build on. He was dead the day Pettitte threw his name out there. It’s not anyone’s fault but his own for not owning up to it. Now he faces a continuous steroid investigation along with a serious chance of being charged with perjury. Before, it was obvious…come out and admit your wrong doing. Not it’s a lose lose situation that is just waiting to bite him in the butt.

deb in az   February 27th, 2008 7:38 pm ET

i would think congress has something better to do. let baseball handle it. congress should stay a little more focused on our domestic problems instead of taking more and more money for these stupid committees. waste of time and energy

Jan   February 27th, 2008 8:19 pm ET

Maybe it’s not ego .. maybe he just (however unwisely) believed that the “congressional hearing” venue, was a way to go on record as denying the allegations being leveled against him … maybe if he’s innocent, he felt that going on record was a way to exhibit “innocent” behavior … i.e. maybe he felt that if he did not go and testify, it would appear to the American public that he was guilty and trying to avoid being officially questioned … I’m not saying that it was the best/wisest decision and if I was his attorney maybe I would have advised against it as well, but … I’m just saying that it could be something other than ego that made him testify.

Hard to really judge on innocence or guilt as an “armchair judge” … we don’t have all of the detail that everybody else does, and we don’t know the people involved intimately .. i.e. how does one make a judgement as to whether someone they see on television and hear giving interviews “sounds” guiltier than someone else … ? .. these kinds of “he said, she/he said” cases are always hard … because it doesn’t appear like there’s what we would call “hard” evidence - i.e. video footage of actual injections, taped confession, something in writing from Clemens indicating steroid use, etc… but maybe there is and that’s why the folks in Congress made their recommendation to Justice….again, I hate to jump on the Clemens is guilty bandwagon without being able to see ALL of the facts/details of the case.

Side Note: with all of the critical issues facing our country and the supposedly tight budgets that we have as a country, it’s hard to fully justify congress, at this time, spending so much time and thousands of dollars on investigating steroid use in baseball/sports - and even harder to justify many more dollars from a DOJ investigation, when there are significantly more critical issues needing congressional and Justice attention.

Stu Nichols   February 27th, 2008 10:44 pm ET

Lisa Bloom wonders why congress would get involved in the Roger Clemens case in light of the war and the economy. that’s exactly why they are going after Clemens. they are incomepetent and clueless as to the war and the economy and they need some publicity stunt to think they are doing something because it’s an election year. Get with it Lisa, you are missing the real story, this a re-election stunt on Congress’ part. REPORT THE REAL NEWS. Congress is screwing us, AGAIN

dorothymeana   August 4th, 2008 7:35 pm ET

I have watched your shows many times and you are truly a professional at defending and protecting peoples rights. I lost my right to privcy when I had a falling out . MY family totally does not believe that this could happen.. They think I am very parinoid. because I had A history of it. I am taking a chance writing this to you. I read Fair Game. doesnt matter what your mentaly state is if people want to hurt you and have the powerto do so they can..I can,t prove any of this that iswhy I am asking for your helpI don,t want revenge just Justice and my privacy. If you decide that you do not want to respond to this that is okay. The complete story would be hard to believe.. I have great respect for you and what you have done for the victims. I don,t want to be a victim anymore.Is it right for a person to take away someones privacy because they had a falling out? Sincerely, DMZ

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