Roger Clemens Wins Part One: Federal Judge Rules, "Hardin Stays."

Washington, DC - May 6, 2008. 

Judge Ellison (Democrat) ruled today that Roger Clemens' attorney, Rusty Hardin, may stay on, and represent him throughout the civil suit, much to Brain McNamee and Richard Emerys' dismay.

Emery argued that because Hardin represented Andy Pettitte, that Rusty would attack Pettitte on cross examination, and Andy should be protected under Attorney Client Privledge. Pettitte didn't seem too concerned though, as he sat the issue out altogether.

Hardin responded citing that he didn't know anything more about Pettitte, than what Pettitte had said publically.  Rusty added that he and Pettitte were never in a legally binded contract, and that he never asked for, nor accepted any monies from Pettitte.  Hardin contends that he told Pettitte he could not represent him after hearing Pettitte's story, but did refer him to a NY lawyer. 

Rusty Hardin was delighted to have the issue go before a real court, and put the Congressional Hearings behind him, referring to the malay as a "circus", with the ring leader, Henry Waxman, calling the shots.

Judge Ellison stated in the 13 page brief, that "it would only be an issue if Hardin represented McNamee, not Pettitte."  In other words, Emery was trying to represent Pettitte, and not his client, McNamee.  A sign of desperation? If Pettitte were concerned he would have showed up and filed a brief.  He is not concerned.  Therefore Hardin has won the first legal battle in the Defamation Suit.  This maybe a sign of things to come, that many "McNamee band wagoners" will be embarrassed after all.  A very small minority of writers predicted that Hardin would win the first hearing of Clemens' Defamation Suit against McNamee.

This decision took almost a full month as it was heard on April 9th.  The ruling coming down from Judge Ellison is an an indication that the Civil Suit, now having merit, will move forward.  Clemens is not a Federal Prosecutor, and does not have to abide by any "deals of immunity" relevant to McNamee. The next ruling is regarding Emerys' Motion to Dismiss the Suit altogether.  But don't underestimate the courts' eagerness to hear legal cases in full.

In Febuary Hardin predicted, ""You are about to see the second edition of the Duke case. I warn you, in five, six or seven months, any of you on the bandwagon about Roger Clemens taking steroids is going to be embarrassed."

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