On Wednesday, jury selection begins in the case of USA vs. William Roger Clemens. On August 19, 2010 a grand jury handed down a six-count indictment against Roger Clemens that included one count of obstruction of Congress, three counts of making a false statement, and two counts of perjury. The charges relate to his deposition testimony on February 5, 2008 and his testimony before the Committee on February 13, 2008. If found guilty on all six counts he faces a maximum of thirty years in prison, but would likely get less than 21 months per federal sentencing guidelines.
Roger Clemens Trial: Explaining The Six-Count Clemens Indictment
The most all-inclusive charge is Obstruction of Congress which covers his numerous denials, his comments about Andy Pettitte "misremembering" Clemens' prior comments, and a variety of other comments Clemens made in regards to his alleged knowledge of PEDs and his alleged discussion of PEDs. Obstruction of Congress is a violation of Title 18 of the U.S. Code, Sections 1505.
Under Section 1505:
Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so ..... Shall be fined under this title, imprisoned not more than 5 years[.]Clemens also faces three counts of giving false statements based on his denial of using HGH and steroids, and saying that Brian McNamee injected him with B-12 and not a PED. This violates Title 18 of the US Code, Sections 1001(a)(2) and (c)(2). Subsection (a)(2) states:
Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully .... makes any materially false, fictitious, or fraudulent statement or representation ... shall be fined under this title, imprisoned not more than 5 years.Subsection (c)(2) applies subsection (a) to Congress only when it involves “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.”
The final two counts are for perjury and relate to Clemens’ denying he received steroids and HGH from McNamee. This violates Title 18, Section 1621(1), which states:
Whoever having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true ... is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years.Of course, given how vehemently Clemens has denied everything related to the case, one has to wonder how badly Clemens believes what he said is the actual truth.
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