"McNamee's Lawyer Predicts Clemens Pardon"

This AP story has the same headline as this post.  Here are the details of another example of everything coming back to sentencing and politics:

One of Brian McNamee's lawyers predicted that Roger Clemens will be pardoned by President Bush, saying some Republicans treated his client harshly because of the pitcher's friendship with the Bush family.  Lawyer Richard Emery made the claims Thursday, a day after a congressional hearing broke down along party lines.

Many Democrats were skeptical of Clemens' denials that he used performance-enhancing drugs and Republicans questioned the character of McNamee, the personal trainer who made the accusations against the seven-time Cy Young Award winner.  "It would be the easiest thing in the world for George W. Bush given the corrupt proclivities of his administration to say Roger Clemens is an American hero, Roger Clemens helped children," Emery said in a telephone interview. "It's my belief they have some reason to believe they can get a pardon."

During Wednesday's session before the House Committee on Oversight and Government Reform, Clemens repeated his denials under oath, which could lead to criminal charges if federal prosecutors conclude he made false statements or obstructed Congress. 

Emery cited Bush's decision last year to commute the 2 1/2-year prison sentence of I. Lewis "Scooter" Libby, his vice president's former top aide. Libby was convicted in the case of the leaked identity of a CIA operative.  During the hearing, Clemens cited his friendship with Bush's father, President George H.W. Bush, a baseball fan who regularly attends Houston Astros' games. Clemens said he was on a recent hunting trip when the elder Bush called with words of support. "They have some belief that even if he's prosecuted, he will never have to serve jail time or face a trail," Emery said. "This is a charade we're going through."

IRS Special Agent Jeff Novitzky attended the hearing and watched from the second row. Novitzky has been a part of the BALCO prosecution team that secured an indictment against Barry Bonds on charges of perjury and obstruction of justice. Bonds testified before a grand jury in 2003 and denied that he knowingly used performance-enhancing drugs.  Emery praised Clemens' lawyers, Rusty Hardin and Lanny Breuer, as knowledgeable and said the prospect of a pardon was the only explanation that allowed the pitcher to repeat his denials under oath.  "It's the only reason lawyers worth their salt would allow their client to run into the buzzsaw of Jeff Novitzky and the potential prosecution, tampering and lying to a federal official," Emery said.

Some recent related posts:

• Should Roger Clemens now be indicted for perjury?
• The sad (unpardonable) state of compassion in the Bush Administration
• Will the new US Pardon Attorney "scandal" garner any serious attention?
• Editorial on presidential pardon practices
• Pardon politics and the 2008 campaign
• ACS issue brief on the pardon power
• Latest FSR issue on "Learning from Libby"