Investigation into Roger Clemens Testimony Underway

According to law enforcement officials, the FBI has begun an investigation into whether Roger Clemens lied before Congress regarding performance enhancing drug use in Major League Baseball.^[1]

Officials are not currently able to predict how long the investigation will last, nor could they say whether criminal charges would be brought against Clemens.^[2] However, if criminal charges are brought, Clemens could face up to five years in prison.

Henry Waxman, a California Democrat, and Rep. Tom Davis, a Virginia Republican, stated that they "believe that his [Clemens’] testimony in a sworn deposition on February 5, 2008, and at a hearing on February 13, 2008, that he never used anabolic steroids or human growth hormone, warrants further investigation."^[3]

Clemens questioned his inclusion in a recent report by former Senate Democratic leader George Mitchell that named more than 80 former and current Major League Baseball players suspected of having used steroids, human growth hormone or other banned substances.^[4]

According to Rusty Hardin, Clemens' attorney, the committee's decision was "unwarranted and not supported by the facts."^[5] Hardin continued by stating that, "Roger will continue to fight these false allegations with every ounce of strength he has."^[6]

Clemens has denied claims by both his former trainer and his former teammate and longtime friend Andy Pettitte that he has used performance-enhancing drugs such as human growth hormone.^[7]

Making a false statement before Congress is a crime under 18 U.S.C. §1001.^[8] Under that statute, whoever knowingly and willfully

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;

any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States shall be fined under this title, or imprisoned not more than 5 years, or both.^[9]

Subsection C of that statute goes on to clarify that any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate, is within the jurisdiction of the legislative branch.^[10]

Thus, any false statements made by Roger Clemens during his testimony would be punishable under 18 U.S.C. §1001 and he could face up to five years in prison.

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[1] James Vincini and Thomas Ferraro, FBI Begins Perjury Probe into Roger Clemens Testimony, Reuters, Feb. 28, 2008 (available at Reuters).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8]18 U.S.C. §1001 (2008).
[9] 18 U.S.C. §1001(a) (2008).
[10] 18 U.S.C. §1001(c) (2008).