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Clemens Trial Transcript

This is the July 14 transcript of the proceedings of Roger Clemens' perjury trial that ended with Judge Reggie Walton declaring a mistrial.

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Rick Dunham

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0% found this document useful (0 votes)

3K views63 pages

Clemens Trial Transcript

This is the July 14 transcript of the proceedings of Roger Clemens' perjury trial that ended with Judge Reggie Walton declaring a mistrial.

Uploaded by

Rick Dunham

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as PDF, TXT or read online on Scribd

Witness: Phil Barnett
Exhibits
Court Proceedings

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

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UNITED STATES OF AMERICA

Plaintiff,
vs.

WILLIAM R. CLEMENS,

aka Roger Clemens,

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Defendant.
. . . . . . . . . . . . . . .

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10

.
.
.
.
.
.
.

Docket No. CR 10-223

Washington, D.C.
Thursday, July 14, 2011

9:30 A.M.

Day Seven A.M. Session

TRANSCRIPT OF JURY TRIAL

BEFORE THE HONORABLE JUDGE REGGIE B. WALTON

UNITED STATES DISTRICT JUDGE

APPEARANCES:

For the Government:

Steven J. Durham, AUSA

Daniel P. Butler, AUSA
U.S. ATTORNEY'S OFFICE
555 Fourth Street, NW
Washington, D.C. 20530

For the Defendant:

Russell Hardin, Esquire

RUSTY HARDIN & ASSOCIATES, P.C.
1401 McKinney Street, Suite 2250
Houston, Texas 77010

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Michael Anthony Attanasio, Esquire

COOLEY, GODWARD, KRONISH, LLP
4401 Eastgate Mall
San Diego, CA 92121

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Court Reporter:
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Cathryn J. Jones, RPR

Official Court Reporter
Room 6521, U.S. District Court
333 Constitution Avenue, N.W.
Washington, D.C. 20001

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Proceedings recorded by machine shorthand, transcript

produced by computer-aided transcription.

TABLE OF CONTENTS

WITNESSES

On behalf of the Government:

Direct

Cross

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6
7

PHIL BARNETT
(By Mr. Durham

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9

E X H I B I T S
10

Government's Exhibit Number

Admitted

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12
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3-A1 through 3-A7

3-B1 through 3-B7

14-A through 14-C

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Redirect

P R O C E E D I N G S

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3

THE COURT:

Good morning.

Okay.

We have the

witness?

MR. DURHAM:

THE COURT:

We do, Your Honor.

If you can sort of give me a heads up

as to who the next witnesses will be, because especially in

reference to DLA Piper, we have to make sure we have read

back over the notes and everything to see whether any

additional information has to be produced based upon what is

presented during the course of the trial.

make sure my staff is up on that.

who will be next?

13
14

MR. DURHAM:

So, I want to

So, where are we going,

Mr. Scheeler, Your Honor, will be

next.

THE COURT:

[Thereupon, Jury enters courtroom at 9:35 a.m.]

THE COURT:

THE JURORS:

THE COURT:

Okay.

MR. DURHAM:

THE COURT:

MR. DURHAM:

Good morning.

THE JURORS:

Good morning.

Okay.

Good morning.
Good morning.
You may by seated.

We can get started.

May I proceed, Your Honor?
Yes.

BY MR. DURHAM:

Mr. Barnett, good morning.

Good morning.

Mr. Barnett, when we left off yesterday, I was asking

you some questions about some testimony that Mr. Clemens had

given in a deposition, a deposition which you asked some of

the questions.

the importance of certain parts of that testimony.

like to begin where I left off yesterday.

And I was asking you some questions about

And I'd

I'm going to, this is Government's Exhibit 2-J

which was admitted yesterday.

publish that and put it on the screen so we're all on the

same page, both literally and figuratively.

I'm going to ask that we

Mr. Barnett, let me direct your attention to, this

is page 36 of Mr. Clemens' deposition.

the record yesterday.

end of the record.

This was read into

I'm not going to ask you to read the

Does the topic matter deal with Mr. McNamee,

Mr. Clemens' testimony concerning Mr. McNamee injecting

Mr. Clemens with a substance known as Vitamin B-12?

Yes, it does.

And why was, why were you interested -- first of all,

did you ask this question, do you recall?

I did ask this question.

Why did you ask this question?

Mr. Clemens had said in, I believe in public statements

prior to the deposition, that he had been injected by

Mr. McNamee with B-12.

in Senator Mitchell's report, was that the injections were

with steroids and human growth hormone.

to ask Mr. Clemens about his statements that Mr. McNamee had

injected him with Vitamin B-12.

credibility?

Mr. McNamee's account, as described

This question was

And was this an issue related to Mr. McNamee's

fundamentally the accuracy of Senator Mitchell's findings.

committee?

Yes, it was.

Why?

The committee was trying to assess the accuracy and

reliability of Senator Mitchell's reports.

that Mr. McNamee had injected Mr. Clemens with B-12 was

contradictory to what was in Senator Mitchell's report.

action by the committee?

Yes, it was.

On B-12, let me just step back for a moment.

24
25

Mr. McNamee's credibility, Mr. Clemens' credibility and

Was a truthful answer to this question important to the

The testimony

Was the answer to this question capable of influencing

Did the committee at some point, between the time

this deposition was taken on February 5th, 2008, and the

time that the public hearing was held on February 13th,

2008, did the committee inquire, examine B-12?

hearing, was February 13th.

hearing looking at human growth hormone and its effect and

its dangers and the laws applicable to human growth hormone

and Vitamin B-12, in the committee room.

been admitted into evidence in this trial.

Yes, the committee did, in fact, the day before this

On February 12th, we had a

Let me direct your attention to another exhibit that's

This is

Government's Exhibit 2-FF.

whole thing, but I do want to direct your attention,

Mr. Barnett, to a passage here beginning on line ten.

that Mr. Clemens' -- the witness, to be clear, is that

Mr. Clemens?

Yes, it is.

And in this is he talking about the administration of

Vitamin B-12?

Yes, he is.

And does he say, in part, "And the same way McNamee,

after a game, and I'm passing the room, and I told him, you

know, that I needed B-12 or the doctor, whatever.

there's four or five needles already lined up ready to go."

Again, I'm not going to read the

Do you see that passage?

Yes, I do.

Was this testimony important to the committee?

And

Yes.

Yes, it was.

One of the issues, it was important

probably in a couple of regards.

because this goes to the Senator Mitchell's findings that

the injections were human growth hormone steroids, not

Vitamin B-12.

the deposition.

hearing the day before on B-12 and how prominent B-12 was

and whether that was appropriate in sending -- B-12 doesn't

have the same kind of dangers that steroids or human growth

One it was important

So that is important for the main purpose of

But prior to our inquiry, we had had the

hormone does, but is that scending the appropriate message

to -- is that an appropriate use of B-12.

conveying that B-12 is very commonly administered to giving

shots or given to ballplayers.

That's what Mr. Clemens was saying?

Mr. Clemens' testimony, right.

Commonly, B-12 was commonly administered?

Right.

And was the answer to this question, was it capable of

influencing the committee's actions?

Yes, it was.

Let me move along here.

which has been admitted into evidence.

Mr. Clemens' deposition.

have read this into the record, but there's an inquiry here

concerning the administration of a lidocaine shot by

And this is

Government's Exhibit 2-L,

This is page 42 of

There's an inquiry here and we

Mr. McNamee, according to Mr. Clemens' testimony.

see that?

Yes, I do.

It's page 42.

Do you

Specifically, it's line 18 on page 42.

Why was this important?

This was important for, first, a similar reason.

Mr. Clemens' account was that Mr. McNamee had given him a

lidocaine shot.

given him a steroids shot.

Lidocaine is a pain medication, and had not

So, we were trying to understand

what had actually happened.

Senator Mitchell had reported

this was a steroids shot, not a lidocaine shot.

the committee?

Yes, it was.

Was it capable of influencing the committee's action?

Yes, it was.

Let me direct your attention to Government's Exhibit

2-LL.

the deposition, and it begins on page 173 and it continues.

And was a truthful answer to this question important to

Again, this has been admitted.

This is page 173 of

Let me, Mr. Barnett, let me do this.

a little bit easier because the screen only displays one

page and this is a multipage document.

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25

MR. DURHAM:

Your Honor, may I approach the

witness?
THE COURT:

It might be

Yes.

BY MR. DURHAM:

as Government's Exhibit 2-LL, which has been admitted into

evidence.

just take a look at it and tell me whether you recognize it.

Tell me where it's from.

This is from a deposition of Mr. Clemens.

And what is the topic area that it deals with?

This is whether Mr. Clemens had any knowledge of

Mr. Barnett, I'm going to hand you what's been marked

It's a multipage exhibit.

Just, if you could,

injection of family members using human growth hormone.

but at some point, does Mr. Clemens testify under oath at

his deposition that Mr. McNamee had injected his wife with

the drug human growth hormone?

Yes, he does.

And does Mr. Clemens outline the circumstances that he

contends that that injection happened under?

Yes.

And do you recall, either by recollection or by looking

at the exhibit, what he contended were the circumstances of

Mr. McNamee injecting his wife with human growth hormone?

that Mr. McNamee had injected his wife with human growth

hormone without, without his knowledge.

I believe he said it had occurred in either their bedroom or

And again, we don't need to go through it line by line,

Yes, he does.

I do have a, I do have a recollection.

His account was

And the injection,

the bathroom next to the bedroom.

She had had some adverse

reactions, I believe it was circulatory symptoms.

out about it when he arrived home.

had a couple of conversations with Mr. McNamee about it,

saying he knew nothing about this, and was expressing his

concern and his, I think he was, probably characterized

himself as angry about this.

looked at Mr. McNamee's luggage or his belongings to see if

there was any additional human growth hormone in the house.

He found

And he was upset.

I think he said he went and

Mr. Clemens' wife had been injected by Mr. McNamee?

in the deposition Mr. Clemens had said he had not had

conversations with Mr. McNamee about human growth hormone.

Here, he's saying he had conversations about human growth

hormone.

human growth hormone; now his wife is being injected and is

having adverse reactions about it, which would raise what is

human growth hormone, what does it do.

Was this an important area of inquiry, whether or not

Well, it was important in, in several regards.

Earlier

Earlier he had said he didn't know anything about

So, there were issues that it presented about

conflicts in his statement and very affirmative statements

initially being in the room and listening to the deposition.

There were very convincing and then there were statements

that were at odds with that.

was Senator Mitchell's findings, had Mr. Clemens used human

More broadly, the issue for us

growth hormone.

And this was showing human growth hormone

that Mr. McNamee would have had, it would have been in his

house.

opposed in Government's Exhibit 2-LL, were they important to

the committee?

Yes, they were.

And were they capable of influencing the committee's

actions?

He would have known something about it.

Were truthful answers to the series of questions

Yes, they were.

Let me direct your attention to another exhibit here.

And I'll take that one back from you.

MR. DURHAM:

THE COURT:

BY MR. DURHAM:

Exhibit 2-Y.

screen.

May I, Your Honor?

Yes.

I'm going to direct your attention to Government's

Bear with me.

We'll put that one on the

It's been admitted into evidence.

Do you see that exhibit on the screen in front of

you now?

Yes, I do.

And this particular series of questions, what is the

topic area of this series of questions?

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25

MR. DURHAM:
113.

I'm sorry, Mr. Hardin.

It's page

MR. HARDIN:

Thank you.

MR. DURHAM:

I keep forgetting.

BY MR. DURHAM:

What is the topic area, sir?

The topic area here was, had Mr. Clemens talked to

Senator Mitchell before Senator Mitchell released his

report, had he provided his account to Senator Mitchell.

And Mr. Clemens' testimony was that he didn't know that

Senator Mitchell wanted to speak with him.

questions are addressing that point.

screen.

been admitted in this trial.

Let me look at page 114.

And these

If we could put that on the

Again, this is Government's Exhibit 2-Y, which has

The witness here, is that Mr. Clemens speaking?

Yes, that's Mr. Clemens.

And does he tell you that, "I had no idea that Senator

Mitchell wanted to talk to me?"

Yes, it does.

Why was that important?

Well, we're trying to assess the validity of Senator

Mitchell's report, whether he had reached out and tried to

talk to players, whether he had made an effort to get both

sides of the story, was important to whether Senator

Mitchell had done a credible job as an investigator.

also, all these statements would go to the credibility or

This

truthfulness of a witness.

So, if you're getting

information that's not truthful or accurate, that goes to

the credibility of the witness.

inquiry, was it important to the committee that Senator

Mitchell had conducted himself and his investigation in a

fair fashion?

Yes, it was.

Were truthful answers to the series of questions, were

Was it important to the committee that, during your

they important to the committee?

Yes, they were.

And were they capable of influencing the committee's

actions?

Yes, they were.

I want to direct your attention to another exhibit.

THE COURT:

[Bench conference.]

THE COURT:

19
20

Approach for a minute.

Are we going to go through every one

of Mr. Clemens' statements?

MR. DURHAM:

No, Your Honor, we're almost done.

We're almost done with the depositions.

statements that they're not as long, obviously.

almost done with the depositions.

THE COURT:

Okay.

[Open court.]

There are hearing

But we're

BY MR. DURHAM:

the deposition.

been admitted into evidence in this trial.

screen page 16.

Let me direct your attention to one other passage in

That is Government's Exhibit 2-D, which has

We'll put on the

Do you see this passage?

Yes, I do.

And you asked Mr. Clemens whether, line 13, "And could

you have been at his," and you're speaking about

Mr. Canseco, "at his house during this time period, June 8th

through the 10th, 1998."

And his answer is no.

Do you see that?

Yes, I do.

Did you ask that question?

Yes, I did.

Now, I don't mean to talk out of school here, but what

possible relevance is it whether Mr. Clemens is at a man's

house in June of 1998?

question?

I was going through, I think pretty systematically paragraph

by paragraph in Senator Mitchell's report that related to

Mr. Clemens, and asking Mr. Clemens whether he agreed or

disagreed with what Senator Mitchell had reported, Senator

Mitchell had reported that Mr. McNamee saw Mr. Clemens at

Why would you ask that type of

In this part of the deposition, my recollection is, as

Mr. Canseco's house at a party in June of 1998 in Florida.

And Mr. Clemens denied that he was, he was there.

As the, I think it occurs later in the deposition,

but it becomes actually a point that Mr. Clemens and his

counsel asserted with a lot of vehemence that this was an

inaccurate finding in Senator Mitchell's report, and the

committee should be looking at this because it shows how

inadequate a job Senator Mitchell had done.

point they said they used a horrible methodology in the

I think at one

report, and it was, a lot of that was premised on the

inaccuracy of this, of this statement in Senator Mitchell's

report.

passage in Senator Mitchell's report that deals with whether

Mr. Clemens is at Mr. Canseco's house in June of 1998,

correct?

Yes.

And you get to the deposition and it's Mr. Clemens and

his lawyers that make an issue of this passage in Senator

Mitchell's report?

Rusty Hardin, said this was the place it all, according to

the Mitchell Report, it all began, was in Jose Canseco's

house.

collapses because this fact is inaccurate.

So, let me make sure I understand this.

There's a

My recollection at one point, Mr. Clemens' attorney,

Mr. Clemens wasn't there, the whole house of cards

And they then

said they had additional information that they wanted to

share with us; receipts showing that Mr. Clemens was on a

golf course, not at the house at the time, the play-by-play

at the baseball game the next day, when the announcers

talked about Mr. Clemens not being at the house at this

time.

So, they were making an issue of it.

One thing I did in the deposition on several

occasions because you had a statement where Mr. Clemens is

saying one thing to Mr. McNamee, was were there points here

where as investigators, we could go and try to determine who

was right or who was wrong.

versus another.

his counsel said was that kind of a situation and we should

really look at this.

the information that Mr. Clemens' lawyers provided to you on

this subject?

Yes, we did.

Were you ever able to achieve complete closure on this

issue; that is, whether Mr. Clemens was or wasn't at

Mr. Canseco's house on June 9th, 1998?

I'm not sure what you mean by complete closure.

Were you ever able to -- well, let me ask you this:

When you get to the hearing the next week, February 13th,

2008, is that issue still an area of inquiry that the

It wasn't just one person

And this was an area that Mr. Clemens and

Were you ever -- well, did you receive the evidence and

members are asking about?

people about, about that issue and having statements on both

sides of the issue.

public hearing ask questions about this subject, if you

recall?

Yes, that's my recollection.

Which leads us to the next area of inquiry here.

Yes, it is.

We ended up actually talking to multiple

And did members at the hearing, did the members at the

Let

me direct your attention to February 13th, 2008.

Was there

a public hearing?

Was there a public hearing?

Yes, there was.

And what was the title of that hearing, do you recall?

I think it was -- it would be helpful to refresh my

recollection so I can get it exactly right.

you'll bear with us for a moment, please.

We talked about the private depositions.

We'll do that with an exhibit that's been admitted.

This is Government's Exhibit Number -- sorry.

We'll refer to an exhibit number.

It's been admitted into

evidence.

Use of Steroids in Major League Baseball, Day Two.

One would have been the hearing the month before on January

15th, when we had Senator Mitchell and Commissioner Selig

Yes, it's Government's Exhibit 3-A.

The hearing title is The Mitchell Report, The Illegal

The Day

and Donald Fehr, Fehr, from the Player's Association.

took these depositions?

information.

under oath.

oath.

individuals come before the committee, the members get to

see them.

Why did the committee hold a public hearing after they

The, the deposition provide the committee with a lot of

You have the account of the witnesses now and
We also had interviews which weren't under

We had documents we had assessed.

And now the

The members get to ask questions.

The members

get to assess their credibility.

You -- when we had taken

Mr. Clemens' deposition, we hadn't taken Mr. McNamee's yet.

So, you learn more information there.

things you learn later.

really all the way up until even the evening before the

hearing, we were still getting new information.

chance to ask about that information.

Was Mr. Clemens required to attend the public hearing?

It was a voluntary appearance.

Was he ever issued a subpoena?

No, there was no subpoena issued to Mr. Clemens.

Did the committee -- was the committee willing to hear

from Mr. Clemens?

Yes.

Now, were there other individuals who testified at the

public hearing?

You can ask about

You can ask Mr. Clemens.

And

So, it's a

There was no subpoena.

Yes, Mr. McNamee and Mr. Scheeler testified.

Who is Mr. Scheeler?

He was the, a counsel who worked with Senator Mitchell

in preparing Senator Mitchell's report.

Why did the committee want to hear from Mr. Scheeler?

He was a representative of Senator Mitchell and Senator

Mitchell's report.

Senator Mitchell's report and whether it was accurate in

the, an accurate report.

And the hearing was about the, about

You said Mr. McNamee testified?

Mr. McNamee testified, right.

Why did the committee want to hear from Mr. McNamee?

Mr. McNamee, Senator Mitchell's report relied

extensively on Mr. McNamee's statements.

very different account than, than Mr. Clemens did.

Mr. McNamee invited, subpoenaed?

Mr. McNamee --

He was there voluntarily also.

Was he given any type of immunity or free passes by

Congress for his testimony?

No, he was not.

And was he under the same obligation to tell the truth

as Mr. Scheeler and Mr. Clemens?

Mr. McNamee had a

Was Mr. McNamee given -- well, first of all, was

Yes.

How is it that

And he was also sworn in, just as they were.

Let me show you what's been marked as Government's

Exhibit 3-A.

3
4

MR. DURHAM:

May I approach the witness, Your

Honor?

THE COURT:

Yes.

BY MR. DURHAM:

Government's Exhibit 3-A for identification.

been admitted yet.

Mr. Barnett, I'll show you what's been marked as

That's not

Please take a look at that document with

an eye toward telling us whether you recognize it, whether

you've seen it before?

our, official report of our hearing.

I do recognize it.

14
15

MR. DURHAM:

It's the official transcript of

And if I can approach the witness,

again?

THE COURT:

Yes.

BY MR. DURHAM:

identification as Government's Exhibit 3-B.

take a look at that.

disks.

I'm going to show you what's been marked for

I'll ask you to

The record should reflect it's two DVD

Have you seen the recorded version -- the video

version of this hearing?

I've seen parts of it, but not in its entirety.

You've seen excerpts of it?

Yes.

And the excerpts, to be clear, you saw, I showed you

those excerpts several weeks ago, correct?

That's correct.

And referred them to -- referred to them by Exhibit

Numbers 3-B1, 3-B2, 3-B3, 3-B4, 3-B5, 3-B6 and 3-B7; is that

correct?

That's correct.

And those excerpts of the video that I showed you and

that you viewed, are they true and accurate excerpts of the

hearing that occurred on February 13th, 2008?

Yes.

And did you also look at the --

Yes, they are.

THE COURT:

THE WITNESS:

THE COURT:

Did you attend the hearing?

Yes, sir.
Okay.

BY MR. DURHAM:

transcript excerpts from the official transcript?

Government's Exhibit 3-A.

Government's Exhibit 3-A for us.

on February 13th, 2008.

Mitchell Report, The Illegal Use of Steroids in Major League

Baseball, Day Two.

Did you also look at the same time at certain

You have

Why don't you identify

This is the official report of the hearing that we held

I read the title before, it's the

And to the best of your knowledge, is that a fair and

accurate transcription of the events that happened on

February 13th, 2008 --

Yes.

-- for the House Committee on Oversight and Government

Reform?

Yes, it is.

And are there excerpts that correspond to the video

clips that I just described?

Yes.

And would they be Government Exhibits 3-A1, 3-A2, 3-A3,

3-A4, 3-A5, 3-A6 and 3-A7, to your knowledge?

numbers.

I believe so.

I'm not sure I remember the exhibit

MR. DURHAM:

THE COURT:

May I approach, Your Honor?

Yes.

BY MR. DURHAM:

Go ahead and take a look at those items, please.

[Witness complied.]

excerpts you showed me.

MR. DURHAM:

Yes, those correspond to the video

Your Honor, at this time the

government will formally move into evidence the following

exhibits:

3-A3, 3-B3, 3-A4, 3-B4, 3-A5, 3-B5, 3-A6, 3-B6 and 3-A7,

3-B7.

Government's Exhibits, 3-A1, 3-B1, 3-A2, 3-B2,

THE COURT:

MR. HARDIN:

Can I have just a second, Your Honor?

No objection, Your Honor.

4
5

Any objection?

THE COURT:

Very well.

They'll be admitted

without objection.

[Thereupon, Government's Exhibit Nos. 3-A1, 3-B1,

3-A2, 3-B2, 3-A3, 3-B3, 3-A4, 3-B4, 3-A5, 3-B5,

3-A6, 3-B6 and 3-A7, 3-B7 were admitted into

evidence.]

BY MR. DURHAM:

I'm sorry, you said you attended the hearing?

Yes, I did.

And do you know, at the beginning of the hearing were

the witnesses sworn in?

Yes, they were.

I'm going to show you what's been marked for

identification as Government's Exhibit 14.

we've admitted that yet.

I'll ask you to take a look at the photograph that appears

in the screen in front of you, sir.

MR. PITTARD:

MR. DURHAM:

Fourteen.

I don't believe

It's a photograph.

Your Honor, if I can get a copy?

I'm sorry, my apologies.

14-B and 14-C, it's actually three photographs.

corrected.

And

Fourteen-A,
I stand

BY MR. DURHAM:

your screen.

an eye toward telling us whether you recognize them.

ahead and take a look at those items, please.

[Witness complied.]

Do you recognize those photographs?

Yes.

What are they?

These are three different shots of our hearing with

Mr. Clemens, Mr. Scheeler and Mr. McNamee, sworn in by

Chairman Waxman.

observed personally that day?

These items have not been admitted.

They'll appear on

I'll ask you to take a look at them, sir, with

And do they fairly and accurately depict what you

Yes, they do.

MR. DURHAM:

Your Honor, at this time we'll

formally move into evidence Government's Exhibits 14-A, 14-B

and 14-C.

MR. HARDIN:

THE COURT:

[Thereupon, Government's Exhibit Nos. 14-A, 14-B

and 14-C were admitted into evidence.]

MR. DURHAM:

publish, Your Honor?

THE COURT:

No objection.
Admitted.

And we'll ask for permission to

Very well.

BY MR. DURHAM:

describe, first, 14-A?

then Mr. Scheeler and then Mr. McNamee being administered

the oath.

And we'll go to 14-B?

That's the same shot from a little more distant angle.

The gentlemen in the foreground with his right-hand

We'll put these on the screen briefly.

If you could

This is a picture, going from the right, Mr. Clemens

raised, do you know that person?

Mr. Clemens, then Mr. Scheeler in the middle and then

Mr. McNamee on the left.

[indicating].

That's Chairman Waxman.

Chairman of the committee?

Yes.

And 14-C, please, same?

Same.

Let me direct your attention.

video clip that you have identified.

being administered to these individuals?

Yes.

In Exhibit 3-B7, which has now been admitted, is that

On the right as you're looking at the picture is

I'm sorry, actually I can do this, it's easier

That gentleman?

I'm going to play a

You observed the oath

the administration of the oath, to your knowledge?

it's a video clip.

Yes, that's okay.

I haven't seen anything.

Understood.

You did show me a video clip of the oath being

administered.

Let's cue it up and we'll run it.

3B-7,

I'm sorry, I don't mean to confuse you.

It's easier -- well, it's been admitted.

Let's do it this way:

It's admitted into evidence.

[Video played.]

BY MR. DURHAM:

witnesses at a hearing before the committee?

Yes, it does.

And did Chairman Waxman have the authority to

administer that oath?

Yes, he did.

And was the hearing a proceeding in which the oath was

authorized by a House rule?

Yes, it was.

There were members of Congress, members of the

committee that attended the hearing?

Yes, there were.

I'm going to show you a video clip.

admitted into evidence.

Does the law authorize an administration of the oath to

It's also been

First, let me ask you, the exhibits

in front of you, Government's Exhibit 3-A1.

transcript excerpt from the hearing.

look at that, if you could.

screen briefly.

Go ahead and take a

And we'll put that on the

It has been admitted.

You see that testimony?

It's two sentences.

you see that, sir?

I do.

And who's making that statement?

Mr. Clemens.

All right.

Exhibit 3-B1, please.

It's a

And if we could now play Government's

[Video played.]

BY MR. DURHAM:

truthful testimony, was it important to the committee on

this subject?

Yes, it was.

Why?

It was, Senator Mitchell's report had found that he had

taken steroids and human growth hormone.

trying to assess whether Senator Mitchell had done an

accurate job or not.

to Senator Mitchell's findings.

influence the committee?

Was a truthful answer to this question or this -- was a

The hearing was

This was testimony directly contrary

Did the answer to this question have the capacity to

Yes, it did.

How?

The committee wanted to know could it rely on the

investigatory work of Senator Mitchell, had Senator Mitchell

done a thorough job with the committee, or would another

body need to investigate to do a thorough investigation of

Major League Baseball.

perspective, wanted to understand could it rely on Senator

Mitchell's recommendations.

And the committee, from a policy

And the accuracy and the

validity of Senator Mitchell's finding were the foundation

for his recommendations.

answer for human growth hormone as it was for anabolic

steroids?

Yes.

Let me direct your attention to another excerpt of the

hearing.

admitted.

And was this equally true with respect to Mr. Clemens'

Yes, it was.

This is Government's Exhibit 3-A4 that's been

And we'll put it on the screen.
[Video played.]

BY MR. DURHAM:

this an area of inquiry in the first place?

Mr. McNamee had injected him with lidocaine and B-12, not

with steroids and human growth hormone.

Was truthful testimony -- well, first of all, why was

This was, again, this was, Mr. Clemens' account was

Senator Mitchell

had found that Mr. McNamee had injected Mr. Clemens with

human growth hormone steroids.

points in contention that the committee was trying to

understand, was Senator Mitchell's report accurate or

inaccurate.

committee?

Yes, it was.

And did the answer have a capacity to influence the

So this was one of the

Was a truthful answer to this question important to the

committee in its official action?

Yes, it did.

How so?

The -- again, I think it's in the same two categories,

investigative and policy.

committee had asked Major League Baseball to do a thorough

and independent investigation.

Senator Mitchell, senator Mitchell released a report, now

we're trying to assess had -- was this report the kind of

thorough, accurate, comprehensive investigation the

committee had requested.

On the investigative side, the

Baseball had retained

On the policy side, there was a question whether

Senator Mitchell had made the appropriate recommendations.

The foundation for those recommendations was his

investigation.

committee had a -- members on the committee had a concern,

The committee or many members on the

could baseball regulate itself or was Congressional action

necessary?

investigation and made recommendations.

of the issues was were they accurate?

Mitchell's report accurate?

Was baseball going to implement those recommendations?

denials that he ever used human growth hormone and anabolic

steroids; is that correct?

Baseball had retained Senator Mitchell, done an

And that was -- one
Was Senator

Was his recommendations good?

And that applies with full force to Mr. Clemens'

It did because that was one of Senator Mitchell's

findings in his report.

transcript.

moment.

I'm going to show you another piece of this hearing

And that is Government's Exhibit 3-A6.

Yes, 3-A6.

One

Sorry, let me just -- yes, sir, 3-A6.

Take a look at the transcript excerpt that you see

in front of you for a moment.

Okay.

And then we're going to ask -- we're going to run 3-B6

with the Court's permission.

THE COURT:

[Video played.]

It's a video clip.

Very well.

BY MR. DURHAM:

truthful answer important to the committee on this topic

area?

This excerpt that we just saw, Mr. Barnett, was a

Yes, it was.

And did it have the capacity to influence the committee

in its official action?

Yes, it did.

And for the reasons that you've stated previously?

Yes, that's correct.

I'm going to show you another excerpt.

couple more here.

Government's Exhibit 3-A2, which has been admitted, which is

We have a

Let me direct your attention to

the transcript -- I'm sorry, let me back up just a moment

and identify some speakers.

The gentleman who is asking the questions in the

last round, do you recognize him?

Republican congressman from Florida.

And in the first clip, was that Representative Davis?

That was Tom Davis.

the Senior Republican on the committee.

Exhibit 3-A2.

official hearing transcript.

3-A2 in front of you, Mr. Barnett.

confirm that it's an exchange, a question-and-answer

exchange between a member and Mr. Clemens?

That's Congressman Mica, a congressman from Florida.

Mica, M-I-C-A.

He's the ranking member.

He was

Let me put up on the screen, if we could, Government's

It's the excerpt.

Yes, it is.

This is page 86 of the

This is multipage.

You have

I just want you to

The member in this case is Mr. Elijah

Cummings.

He's a Democrat from Baltimore.

Government's Exhibit 3-B2, which has been admitted into

evidence.

All right.

Why don't we take a look here at

[Video played.]

THE COURT:

[Bench conference.]

THE COURT:

Approach for a moment.

I hate to raise with experience,

counsel, testimony that's coming in without objection, but

we have talked about this and there's some issues.

you're not objecting, I just want to get on the record that

you've made a tactical decision.

MR. HARDIN:

But if

No, here's my problem, Judge:

I've

got a visual to the jury of a document that we did not

object to being in evidence, which was the hearing.

know quite what to do in front of the jury.

of this.

I don't

I object to all

It does violate the motion in limine.

But the problem I have is, is I'd have to stand up

in front of the jury, I'll just have to deal with it on

cross later.

They're running up there talking about other people.

Mr. Cummings was the most aggressive inquisitor during the

whole time.

cross-examination by Representative Cummings of Mr. Clemens.

I mean, it's not a conscious, at least.

What he's playing now is just simply a

And my dilemma is, standing up in front of the

jury objecting to something that we agreed to allow into

evidence.

hearing report, and my objection is to portions of it.

after the entire report has been admitted, my dilemma is, I

didn't know how in good faith I could stand up in front of

the Court and object to portions that I hadn't objected when

he put the entire thing in.

frankly, when we get the exhibits, it's late.

time to go over it.

He admitted it, it is true.

MR. DURHAM:

He admitted the

That's my dilemma.

And quite
I haven't had

Well, but these exhibits, these

admissions have been turned, this video clip and this

transcript was turned over in early May.

THE COURT:

Now,

I understand.

But what is being

played now is in total contradiction to what I had ruled in

the motion in limine.

MR. HARDIN:

THE COURT:

Exactly.
So, you know, this should not have

been played, unless counsel believes that for some reason

the landscape had changed and therefore there was a reason

for me to reach a different decision.

MR. HARDIN:

The landscape has not changed.

MR. DURHAM:

This is part of the Congressman's

question to Mr. Clemens.

then we could --

THE COURT:

If this has been raised before,

It had been raised, maybe not

specifically in reference to this clip, but it had been

raised as to whether or not this information coming from the

wife, Mr. Pettitte's wife, could come in.

no.

open the door to make it come in, but at this point I

haven't seen that door opened.

And I had said

Obviously, something could have occurred that could

MR. ATTANASIO:

May I just say for the record that

when the Court makes a ruling on a motion in limine, it's

incumbent on the prosecutor to then redact or alter his

exhibits, not hand them to counsel and tell us, I'm

admitting 3-A through 3-H and expect counsel for the defense

to read them in 30 seconds and then move them in.

should have been changed.

They

THE COURT:

[Thereupon, Jury exits courtroom at 10:35 a.m.]

THE COURT:

We'll take a short break.

While they're out, let me just take

five minutes.

[Thereupon, recess taken at 10:36 a.m., resuming

at 10:40 a.m.]

MR. HARDIN:

If I may pursue the point that

Mr. Attanasio was making before the bench.

The dilemma that

the way they went about this is, I think we had every right

to assume that after the Court rules a certain way in motion

in limine, that the state will -- the government rather will

adjust their exhibits to comply with the motion in limine.

When we just went through this admission, it is true, they

offered the transcript and they did it with all of these

different sections, the entire transcript.

could have taken longer, certainly the Court didn't restrict

me.

that they have altered exhibits to comply with the motion in

limine.

8
9

We had about, I

But it is perfectly proper for the defense to assume

That was the assumption I made.

Then, when Congressman Cummings' comments and

questions and basically cross-examination was going on, the

dilemma I had is standing up in front of the jury as if I am

trying to hide legitimate questions that the jury has to

assume is there for a document that is in evidence.

THE COURT:

Is there anything that has come out up

to this point before the questioning was about to start

about Mr. Pettitte's wife, that you think should not be

appropriately before the jury?

what Mr. Clemens was saying about his purported use.

Obviously, the statements that Mr. Pettitte made, he's

obviously going to testify about that.

MR. HARDIN:

I did not see a problem with

I mean --

I think we can deal with that.

You're right, Your Honor.

The statements about

Mr. Pettitte.

Mr. Pettitte's affidavit, of course a totally hearsay

document, and then starts talking about Mr. Pettitte's

wife's affidavit, which the Court has clearly said, has

But when he starts talking about

ruled on those matters.

THE COURT:

I mean, I guess the concern I had

about Mr. Pettitte, the questions being asked about

Mr. Pettitte, is now we do have before the jury Congressman

Cummings' assessment of Mr. Pettitte's credibility, which

obviously one person, even if they were here as a witness,

can't opine on the credibility of another witness.

the prerogative of the jury.

That's

But there wasn't an objection, I didn't say

anything.

Mr. Pettitte's wife.

what Mr. Pettitte said to his wife could not come in unless

certain prerequisites were established, which have not at

this point been demonstrated.

But I clearly had obviously ruled in reference to

MR. HARDIN:

And the fact that information about

And they never will be.

We are not

going to ever be challenging that Mr. Pettitte believed he

said that.

THE COURT:

Well, government counsel, I am

troubled by, I mean, now this actual substance hasn't come

out, although the clear implication from what has come out

is that something was said by Mr. Pettitte to his wife,

consistent with what is already before the jury.

made a ruling that statements that Mr. Pettitte allegedly

made to his wife could not come in unless certain

prerequisites were established.

And I had

And I'm perplexed, having

made that ruling, as to why these exhibits were not altered

to ensure that there was not a violation of my order.

don't particularly like making rulings and lawyers not

abiding by those rulings.

5
6

MR. DURHAM:

THE COURT:

MR. DURHAM:

There was no intention to run afoul

of any Court ruling, Your Honor.

Well, how would this come in?

Well, these items were delivered to

the defense two months ago, these clips.

THE COURT:

This is part --

It's not their prerogative to say,

come back to you after I've made a ruling and say, okay, and

based on the Court's ruling, you've got to make these

alterations of your exhibits.

responsibility.

MR. HARDIN:

That's the government's

And if I may add, Your Honor, the

problem with that is, is that this exhibit now, I'm sure

we're going to find has not been redacted to take out

references to Mr. Knoblauch and to others.

additionally, I'm going to guess, they have not redacted to

comply with the Court's order in that regard either.

suspect, maybe they have.

object to the introduction, but now I think we're on notice

that there may not have been redactions there either.

Perhaps there have been.

THE COURT:

And that, and

I assumed they had when I didn't

Well, how do we proceed?

I mean, I

think this clearly runs afoul of my pretrial rulings.

MR. DURHAM:

Your Honor, let me ensure that there

are no other references to Mrs. Pettitte or any other

players.

being posed Representative Cummings, which obviously is not

evidence at all.

This was within the context of a question that was

MR. HARDIN:

Well, let me mention, the problem we

have is, is this is the second, so there must be a total

misunderstanding on the government's part as to their

obligations, because this happened during opening statement,

too.

mentioning of other players.

them that that was a violation of the motion in limine.

I had to object during opening statement to a

The Court ruled and reminded

Now we're here this second time.

As far as where

do we go from here, the best I can suggest is the Court's

admonition to the jury that they are to disregard.

have to figure out right now off the top of my head, I'm not

really ready, I have to figure out what kind of instruction

we would like to ask from the Court.

solution at this stage.

MR. DURHAM:

I'll

I don't know any other

Your Honor, I don't want to revisit

last week's, the discussion.

But I can produce a

transcript.

afoul of the Court's ruling, can the government mention

other players with respect to and in connection with why

When I asked the Court, I don't want to run

they used the drug as opposed to whom they got it from.

There is no bad faith on the part of the government here in

trying to prove this case.

THE COURT:

Well, you know, as I said, maybe there

was some misunderstanding of what my ruling was.

thought I had made it clear that what these other players

did as it related to their involvement with Mr. McNamee and

their knowledge that they were getting steroids and HGH from

Mr. McNamee, would have no bearing whatsoever on what

Mr. Clemens' knowledge as to what he was getting from

Mr. McNamee.

knowledge of what they were receiving to Mr. Clemens.

that's the heart of his defense, that he did not know that

he was receiving, assuming he did receive, unbeknownst to

him, anything other than B-12 and lidocaine.

But I

Because as I said, you can't impute their

And

So, I thought I had made it perfectly clear that I

didn't see, absence something else evolving during the

course of this trial, that would in some way make the

testimony from these other ballplayers about what they had

used relevant.

Now, obviously in reference to Mr. Pettitte, in

light of the fact that he says that Mr. Clemens told him

that he used these substances, I think it's probably

inevitable that his use as it related to Mr. McNamee is

going to be something that's going to come before this jury.

But in reference to these other players, who there's no

evidence that they had discussions with Mr. Clemens or

anything of that nature that would suggest that somehow

knowledge could be imputed, based upon their situation, to

Mr. Clemens.

that absent something else happening during this trial, that

that testimony was not going to be relevant.

8
9

So, I thought I had made it perfectly clear

MR. DURHAM:

Yes.

I think what the Court's

ruling, and again, I need to look at the transcript on that,

Your Honor.

clarification on the issue.

statement was the statement was not that Mr. McNamee

delivered drugs to these other players, but why these other

players chose to use the drugs in the first place.

But I remember that I got up to ask for a

THE COURT:

And what came up in the opening

But again, unless there's evidence

that they talked to Mr. Clemens and therefore implanted in

his mind the feeling that well, they were benefiting in a

certain way, and therefore, based upon their experiences,

that would somehow maybe have provided an incentive for

Mr. Clemens to also use.

said these drugs had these impact on them, I don't see how

that somehow makes it relevant to these proceedings.

MR. DURHAM:

Absent that, the fact that they

I understand.

But I just want the

Court to understand that we didn't run afoul of the Court's

ruling within the context of the opening statement.

And

again, I want to refer back to the transcript.

THE COURT:

Well, again, I thought it did run

afoul of my ruling.

information about these other players, absent other things

happening in the trial that would open the door, that that

information was not going to be admissible in this case.

I thought I had made it clear that

But now we've got this problem.

And I think

clearly this information about Pettitte's wife runs totally

afoul of what I said could come in in reference to her.

And

now we've got this before the jury.

is that Andy Pettitte said to this wife something consistent

with what he says Mr. Clemens told him.

prior inconsistent statement that otherwise doesn't qualify

for admissibility, at least on the current record, before

this jury.

16
17

The clear implication

So now we've got a

I'll take a short break for counsel to think about

how you want to proceed.

Take ten minutes.

[Thereupon, recess taken at 10:49 a.m., resuming

at 11:00 a.m..]

THE COURT:

MR. HARDIN:

Mr. Hardin?
Your Honor, first, depending on the

Court's ruling, we'll have a notice objection.

But I think

reluctantly, we're going to have to move for a mistrial

because of the prejudicial nature of what's happened in

front of the jury.

For the record, I'll point out what was

just relayed to me while we were up at the stand.

the bench colloquy that, quote, stayed up there frozen by

the government's people on the TV.

faith with her, she doesn't know what we were talking about

up there.

it, Congressman Cummings' statements about Laura Pettitte

were on the screen for the jury to be looking at.

8
9
10
11

And I'm not alleging bad

But the entire time we were before the bench on

THE COURT:

Did it specifically say on the screen

what Andy Pettitte said to his wife?

MR. HARDIN:

I'd have to check and see because we

were standing up -- it was that last portion.

MR. BUTLER:

THE COURT:

MR. HARDIN:

Yes, it did, Your Honor.

I'd have to see it again.
It would be the one that was frozen.

If you could bring it back up?

there at the time the Court called us to the front.

17
18

MR. BUTLER:
indulgence.

It will take a moment.

[Brief pause.]

THE COURT:

It would be whatever was

If we could have the Court's

During

It's on the screen.

You can just read

into the record what is on the screen now.

MR. HARDIN:

Thank you, Your Honor.

It would be

on the transcript, the recorded portion where it reads

1031.5, at 1031.5 of that day.

like six on my screen here, but I think it picks up on seven

And it's a seven-line, looks

lines?

Yes.

reluctantly, I would like this jury -- I know the cost --

3
4

And in light of that, Your Honor, I

THE COURT:

Why don't you read it into the record,

exactly what's on the screen.

MR. HARDIN:

That would probably be -- thank you,

Judge.

Let me read to you what his wife said in her

affidavit:

or 2000 Andy told me he had a conversation with Roger

Clemens in which Roger admitted to him using human growth

"I, Laura Pettitte, do depose and state in 1999

hormones.

under oath.

Mr. Pettitte never happened.

Laura Pettitte remember Andy telling her about the --"

Mr. Clemens, once again, I remind you, you are

You have said your conversation with
If that was true, why would

I believe that is when the Court called us to the

bench.

minutes, two or three minutes were before the bench, the

Court remembers about how long it would be, and discussing

this.

was on display in front of the jury.

20
21
22

And my point is, I think we probably for a couple of

And during that time, this exhibit that I just read

THE COURT:

Any response from the government to

the motion for a mistrial?

MR. DURHAM:

We object, Your Honor.

This exhibit,

these exhibits were admitted into trial without objection.

They had been previously --

THE COURT:

But, counsel, it overlooks -- I

understand that.

And what should have happened is that once

I made my ruling, government counsel should have redacted

the documents to reflect those documents in light of my

ruling.

copies of these new exhibits which counsel as I understand

had at least the prior documents, prior to my observation in

limine ruling.

should have made a request for that information to make sure

that whatever the government was going to use was in

There should have been a request by the defense for

Once I made those rulings, I agree, counsel

compliance with my ruling.

obligation of doctoring those exhibits to make sure that my

ruling was not, was not violated rests with the government.

13
14
15

MR. DURHAM:

But in the first instance, the

We're not evading any responsibility,

Your Honor.
THE COURT:

Why wasn't this altered in order to

ensure that this information that I had ruled could not come

in would not be played to this jury and shown to them?

18
19

MR. DURHAM:

This exhibit is in the context of a

question that is asked to Mr. Clemens specifically.

THE COURT:

MR. DURHAM:

MR. ATTANASIO:

That doesn't override my ruling.

I understand.
May I be heard on the issue of

marked exhibits, Your Honor?

THE COURT:

Yes.

MR. ATTANASIO:

Time line:

Motions in limine

hearing, July 5th, the day after the holiday.

date, several times, including on July 11th, and I invite

counsel to disagree with me if he does, but on as recently

as July 11th at 3:11 p.m., is when we finally got the

government's marked exhibits.

After that

It's not that we've had them for weeks and weeks

and weeks.

please give us your marked exhibits, and I don't think

government counsel will disagree, until the 11th Hour.

then they moved them in rapidly this morning, and then

suddenly we see it on the screen.

We never got them despite repeated requests,

And

So, post Your Honor's rulings, we asked for new

exhibits.

had asked for those repeatedly.

and cited resource constrictions at the U.S. Attorney's

office for why we didn't have them.

Your Honor's general order, we were to have them three days

before the trial.

that's a fair verb, probably how they would characterize my

e-mails, we have been pestering them for marked exhibits in

the wake of Your Honor's ruling before and since.

So, in relation to Your Honor's last comment, we

And Mr. Durham apologized

We understood, under

So, we have been pestering, I think

THE COURT:

The other thing that bothers me is

that, there was no objection, there should have been an

objection.

opportunity to review this in light of the hour in which it

Now, again, whether the defense had the

was produced and review the transcript, is another issue.

But, again, government counsel doesn't do just what

government counsel can get away with doing.

first-year law student would know that you can't bolster the

credibility of one witness or a witness with clearly

inadmissible statements.

And I think a

And this evidence is coming in, the statements

that Mr. Clemens made at this hearing, are coming in as

substantive evidence; i.e. the alleged false testimony that

the government is saying he gave.

At this hearing

Congressman Cummings is opining on his perspective regarding

the credibility of Mr. Pettitte.

jury, not only do we have Mr. Pettitte's wife saying that

Mr. Pettitte told her something consistent with what she

says Mr. Clemens said, but we also have Congressman Cummings

opining on his credibility that he places on Andy Pettitte.

So, now we've got two things before the jury that

So, now we have before the

are bolstering Andy Pettitte's credibility.

And in my view,

he is a critical witness because obviously there's going to

be serious challenge to the credibility of Mr. McNamee.

That may not undermine his credibility, but I think it's a

lot harder task to undermine the credibility of Andy

Pettitte.

when now we have before this jury two items that

inappropriately bolster his credibility.

And I think that task only becomes more difficult

And we'll never

know what impact that has on how this jury ultimately

decides this case when we've got a man's liberty at

interest.

I'm very troubled by this.

I mean, we have

expended a lot of government money to reach this point.

Government counsel should have been more cautious in what

was presented to this jury to ensure that we were not in

this situation.

9
10
11

I don't see how I un-ring the bell.

MR. DURHAM:

I think it can be done through an

appropriate instruction to the jury.

THE COURT:

I don't think so.

As mush as I would

hate to have to go back through all four or five days again

of jury selection with the limited time, the resources that

this Court has and the other things I have on my calendar, I

don't see how I un-ring the bell.

upon what I know about the case, I think Mr. Pettitte's

testimony is going to be critical as to whether this man

goes to prison.

in a situation where a man's liberty is at risk when the

government should have taken steps to ensure that we were

not in this situation.

22
23

Because in my view, based

And I can't in good faith leave this case

I'll take a short break to talk to one of my

colleagues before I make the ruling.

[Thereupon, recess taken at 11:09 a.m., resuming

at 11:50 a.m.]

THE COURT:

I've talked to several of my

colleagues.

I've pondered what occurred, and at bottom,

Mr. Clemens has to get a fair trial.

have his guilt or innocence decided based upon evidence that

is legally admissible.

in the face of the request, it's been made for a mistrial,

is to try and make a determination as to the significance of

Mr. Pettitte's testimony, and try and make my best estimate

as to, with what has occurred, whether Mr. Clemens can get a

And obviously in assessing what I do

fair trial.

to the government's case.

And he has a right to

And I view Mr. Pettitte's testimony as critical

While obviously it could be suggested that he

misunderstood what Mr. Clemens was saying, I think there

are, I think it's going to be very difficult to undermine

his credibility.

the other evidence, I think it becomes very difficult for

Mr. Clemens.

And when you add his testimony with all of

And it only becomes more difficult for Mr. Clemens

when the testimony of Andy Pettitte has been inappropriately

bolstered through evidence that was presented by the

government:

Congressman Cummings, which not only got Mr. Clemens to

indicate that Andy Pettitte is an honest person, but the

congressman himself to have opined, which should not have

not been before the jury, his impressions of the credibility

One, in reference to the comments made by

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of Mr. Clemens.
But we also have, which was a direct violation of

the pretrial ruling I made in response to a motion in limine

that had been filed by counsel for Mr. Clemens, and that was

to keep out the testimony of Mr. Pettitte's wife in light of

the fact that you'd have a prior consistent statement before

the jury indicating from the wife that shortly after

Mr. Clemens is supposed to have admitted his use of HGH,

that Mr. Pettitte came home and told his wife that

Mr. Clemens had, in fact, made that admission.

because of in my view that would be extremely prejudicial

and would unfairly bolster Mr. Pettitte's credibility

absent, as I ruled, something occurring during the course of

the trial that would open the door and therefore result in

that evidence coming in to possibly rehabilitate

Mr. Pettitte based upon what may take place or would take

place during the course of cross-examination.

It was

But my assessment that experienced counsel, as

defense counsel is, that they would have stayed away from

asking questions that would bring out this information

because of the obvious impact it would have.

have reached a conclusion that to permit this case to go

forward with the government having done what it did, because

it was the government's obligation, once I made my ruling,

to go back, look at its evidence and make sure that the

And sadly, I

information that it would be presenting to this jury did

not, did not violate a clear ruling that this Court had

made.

view having put this case in a posture where Mr. Clemens

cannot now get a fair trial before this jury, I will declare

a mistrial.

And the government not having done that, and in my

I think what we have to do at this point is assess

whether the government, having precipitated this mistrial,

whether the government can now retry this case or whether

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re-prosecution is barred by double jeopardy.

MR. DURHAM:

Your Honor, may we have an

opportunity to brief the Court's, may we now hove an

opportunity to brief the Court's ruling on the mistrial?

THE COURT:

You're not going to be able to

convince me.

perspective, knowing how I sentence, he goes to jail.

I'm not going to, under the circumstances, when this has

happened, put this man's liberty in jeopardy.

to a fair trial; in my view, he can't get it now.

was caused by the government.

Because if this man got convicted, from my

And

He's entitled
And that

So, I will not give time for this matter to be

briefed on that issue.

I assume now we have to address the

issue as to whether this case can be re-prosecuted.

I'll set a schedule for motions on whether double jeopardy

bars re-prosecution at this time.

And

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Mr. Hardin, how much time will you need to file

your motion?

MR. HARDIN:

THE COURT:

MR. HARDIN:

THE COURT:

MR. HARDIN:

Ten days.
Ten days?
Whatever the Court prefers.
It's your prerogative.
I think we can live with ten days,

Your Honor.

THE COURT:

Very well.

I'll just make it the end

of the, the 29th of July, which is a little more than ten

days.

file an opposition, and the 26th of August for the

government to file a reply.

1:30 for a hearing on the motion.

I'll give the government until the 19th of August to

Set the 2nd of September at

Let's bring the jury in.

MR. HARDIN:

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Your Honor, we're going to assume on

this side of the table the gag order is still in effect?

THE COURT:

Yes, because I don't know if the case

has to be retried.

If it does, I don't want a potential

jury pool to be in some way tainted.

MR. HARDIN:

Yes, sir.

[Thereupon, Jury enters courtroom at 12:00 p.m.]

THE COURT:

You may be seated.

Ladies and

gentlemen, we have taken about a week out of your life.

We've expended a lot of your taxpayer's money to reach this

point in this case.

play by, and those rules are designed to ensure that both

parties receive a fair trial.

when it comes to someone who has been charged with a crime

whose life and liberty, or their liberty is on the line.

Unfortunately, there are rules that we

And that is particularly true

And when a judge makes rulings regarding evidence

that can or cannot be presented to the jury before the trial

commences, there's an obligation on the part of the lawyers

to comply with that order.

Now, I had made a ruling before

this trial commenced that certain evidence could not be

admissible in this trial because it was my view that that

evidence, without other circumstances evolving that would

somehow justify that evidence coming before you, would

create an environment where you would not be able to render

a fair and impartial decision.

government did not take the effort that it should have taken

to alter its evidence to comply with the ruling that I made.

Despite that ruling, the

As a result of that, evidence that I had excluded

from this trial came before you.

And as a result of that,

in my view, the ability of Mr. Clemens with this jury to get

a fair trial would be very difficult, if not impossible.

And I, therefore, have decided very reluctantly because

we've spent a lot of time and effort impaneling this jury,

that because of what I just indicated, that I have to

declare a mistrial and terminate these proceedings.

I apologize to you for what has transpired.

It's

unfortunate, but at bottom, in the United States of America

we try to ensure that everybody who comes in to our

courthouse is treated fairly and that they get a fair shake

from a jury.

there is a possibility, a distinct possibility, that

information that unfairly prejudices a defendant has come

before the jury, in direct violation of a ruling that the

Court has made, I have no other alternative, despite the

And when a judge reaches a conclusion that

tremendous loss of time and effort and money, to terminate

the proceedings.

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So, I do thank you and I apologize for what has

transpired.

So, thank you for your time.

[Thereupon, the proceedings adjourned at

12:05 p.m.]

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CERTIFICATE
I, Cathryn J. Jones, an Official Court Reporter

for the United States District Court of the District of

Columbia, do hereby certify that I reported, by machine

shorthand, the proceedings had and testimony adduced in the

above case.

I further certify that the foregoing 53 pages

constitute the official transcript of said proceedings as

transcribed from my machine shorthand notes.

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In witness whereof, I have hereto subscribed my

name, this the 14th day of July, 2011.

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/s/ Cathryn J. Jones

Cathryn J. Jones, RPR
Official Court Reporter

/
/s [1] 54/16

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coming [6] 32/9 34/2 46/7 46/8 49/15 52/13
commenced [1] 52/10
commences [1] 52/8
comment [1] 45/13
comments [2] 35/8 48/21
Commissioner [1] 17/25
committee [41] 5/13 5/16 5/21 5/24 6/2 6/3
6/7 6/25 8/13 11/6 13/4 13/5 13/10 15/7 18/2
18/4 18/8 18/21 18/21 19/5 19/12 22/5 25/17
26/13 26/22 27/15 27/25 28/3 28/5 28/7 29/3
29/7 29/10 29/15 29/20 29/24 29/25 29/25
30/24 31/2 31/18

displays [1] 8/21

disregard [1] 38/16
committee's [4] 7/19 8/15 11/8 13/12
distant [1] 25/8
commonly [3] 7/12 7/16 7/16
distinct [1] 53/6
complete [2] 16/19 16/22
DISTRICT [6] 1/1 1/2 1/11 1/22 54/3 54/3
compliance [1] 44/10
DLA [1] 3/7
complied [2] 22/19 24/6
do [44] 3/4 4/23 6/11 6/23 6/24 8/1 8/3 8/20
comply [5] 34/25 35/6 37/20 52/9 52/17
9/19 9/22 9/22 10/19 11/19 11/21 14/6 14/7
comprehensive [1] 29/19
14/12 14/13 17/14 17/17 20/12 23/13 24/7
computer [1] 1/25
24/13 24/15 25/10 25/14 26/8 27/5 27/7 28/6
computer-aided [1] 1/25
29/15 31/13 32/16 36/4 37/25 38/15 43/7
concern [3] 10/6 29/25 36/2
46/2 46/13 48/5 50/7 53/12 54/4
concerning [2] 4/19 7/25
Docket [1] 1/4
conclusion [2] 49/22 53/5
doctor [1] 6/21
D
conducted [1] 13/6
doctoring [1] 44/11
D.C [3] 1/5 1/15 1/23
conference [2] 13/17 32/7
document [5] 8/22 20/9 32/14 35/12 35/24
dangers [2] 6/6 7/9
confirm [1] 31/23
documents [4] 18/7 44/3 44/3 44/6
Daniel [1] 1/13
conflicts [1] 10/21
does [16] 4/18 4/21 6/19 7/10 9/12 9/15 9/16
date [1] 45/2
confuse [1] 26/2
9/18 10/19 12/16 12/18 26/12 26/14 32/17
Davis [2] 31/16 31/17
Congress [2] 19/21 26/21
45/3 51/19
day [11] 1/8 6/3 7/7 16/4 17/23 17/23 21/25 doesn't [5] 7/8 41/13 42/4 44/20 46/2
Congressional [1] 30/1
24/14 42/24 45/1 54/11
congressman [10] 31/14 31/14 31/15 35/8
doing [1] 46/3
days [6] 45/17 47/12 51/3 51/4 51/7 51/11
36/4 42/6 46/11 46/15 48/22 48/24
don't [19] 9/11 14/16 21/20 23/17 26/2 32/2
deal [3] 4/18 32/19 35/20
Congressman's [1] 33/22
32/15 37/3 38/19 38/21 38/23 40/21 43/3
deals [2] 9/8 15/14
connection [1] 38/25
45/8 47/8 47/11 47/15 51/18 51/19
decided [2] 48/4 52/22
conscious [1] 32/20
Donald [1] 18/1
decides [1] 47/2
consistent [4] 36/22 41/11 46/14 49/6
done [11] 12/24 13/20 13/21 13/23 15/8
decision [3] 32/12 33/20 52/15
constitute [1] 54/8
27/21 28/5 30/2 47/9 49/23 50/3
declare [2] 50/5 52/25
Constitution [1] 1/23
door [4] 34/5 34/6 41/5 49/14
defendant [3] 1/7 1/16 53/7
constrictions [1] 45/15
double [2] 50/10 50/24
defense [7] 34/11 35/5 37/9 39/13 44/4 45/24 drug [2] 9/14 39/1
contended [1] 9/20
49/19
contends [1] 9/17
drugs [3] 40/13 40/14 40/21
delivered [2] 37/8 40/13
contention [1] 29/3
Durham [3] 1/13 2/7 45/14
Democrat [1] 32/1
CONTENTS [1] 2/1
during [12] 3/10 13/4 14/10 32/22 38/10
demonstrated [1] 36/14
context [3] 38/4 40/25 44/18
38/11 39/17 40/6 42/1 43/18 49/13 49/17
denials [1] 30/8
continues [1] 8/19
DVD [1] 20/20
denied [1] 15/2
contradiction [1] 33/14
E
depending [1] 41/21
contradictory [1] 5/19
e-mails [1] 45/20
depict [1] 24/13
contrary [1] 27/22
Earlier [2] 10/12 10/16
depose [1] 43/7
conversation [2] 43/8 43/11
early [1] 33/12
deposition [19] 4/6 4/6 4/15 5/2 5/25 7/6
conversations [3] 10/4 10/14 10/15
easier [3] 8/21 25/14 26/5
7/23 8/19 9/7 9/13 10/13 10/22 14/3 14/20
conveying [1] 7/12
Eastgate [1] 1/20
15/3 15/18 16/7 18/4 18/11
convicted [1] 50/15
effect [2] 6/5 51/17
depositions [4] 13/21 13/23 17/11 18/3
convince [1] 50/15
effort [4] 12/22 52/16 52/23 53/10
describe [1] 25/3
convincing [1] 10/23
either [4] 9/19 9/25 37/20 37/23
described [2] 5/3 22/9
COOLEY [1] 1/19
Elijah [1] 31/25
designed [1] 52/2
copies [1] 44/5
else [2] 39/17 40/6
despite [3] 45/7 52/15 53/9
copy [1] 23/21
end [2] 4/17 51/9
determination [1] 48/7
correct [7] 15/16 21/3 21/4 21/7 21/8 30/9
ended [1] 17/2
determine [1] 16/10
31/6
ensure [7] 37/2 38/2 44/16 47/7 47/20 52/2
did [45] 4/23 4/24 4/25 5/24 6/2 6/3 14/14
corrected [1] 23/24
14/15 16/7 16/15 16/18 17/5 17/5 18/2 18/21 53/3
correspond [2] 22/8 22/19
enters [2] 3/16 51/22
19/5 19/12 19/15 21/13 21/14 21/18 23/12
cost [1] 43/2
entire [4] 33/4 33/7 35/3 42/5
26/6 26/15 26/17 27/24 28/1 29/9 29/11
could [26] 9/4 12/11 14/8 16/10 25/2 27/3
27/10 28/3 28/8 30/1 31/19 33/5 33/24 34/3 30/10 31/2 31/4 32/14 35/2 35/16 39/7 39/13 entirety [1] 20/24
34/4 34/4 35/4 36/12 36/24 40/4 41/9 42/15 39/14 41/2 42/8 42/12 49/23 50/1 50/2 52/16 entitled [1] 50/18
environment [1] 52/14
didn't [9] 10/16 12/8 33/5 35/4 36/9 37/21
42/17 44/16 48/12 52/10
equally [1] 28/12
39/17 40/24 45/16
counsel [21] 15/5 16/13 19/3 32/9 33/18
especially [1] 3/6
Diego [1] 1/20
34/10 34/11 36/18 41/16 43/25 44/2 44/5
Esquire [2] 1/16 1/19
different [4] 19/15 24/10 33/20 35/3
44/7 45/3 45/9 46/2 46/3 47/6 49/4 49/18
difficult [5] 46/23 48/14 48/16 48/18 52/21 established [2] 36/13 36/25
49/19
estimate [1] 48/8
dilemma [5] 32/25 33/4 33/7 34/21 35/10
couple [4] 7/2 10/4 31/8 43/15
evading [1] 44/13
course [6] 3/10 16/3 35/23 39/18 49/13 49/17 direct [15] 2/4 4/14 6/8 6/11 8/17 11/11
even [2] 18/14 36/6
11/16 13/15 14/2 17/10 25/21 28/16 31/8
court [25] 1/1 1/21 1/22 1/22 13/25 33/6
evening [1] 18/14
49/2 53/8
34/8 34/23 35/4 35/25 37/6 38/12 38/19
events [1] 22/2
directly [1] 27/22
38/23 40/24 42/16 43/14 43/17 47/14 50/2
ever [6] 16/15 16/19 16/23 18/19 30/8 36/16
disagree [2] 45/3 45/9
51/5 53/9 54/2 54/3 54/17
every [2] 13/18 34/22
Court's [11] 30/19 37/12 37/20 38/15 38/24 disagreed [1] 14/24
everybody [1] 53/3
discussing [1] 43/17
40/8 40/24 41/22 42/17 50/12 50/13
everything [1] 3/8
discussion [1] 38/22
courthouse [1] 53/4
evidence [33] 6/9 7/22 9/4 11/18 14/4 16/15
discussions [1] 40/2
courtroom [3] 3/16 34/15 51/22
17/21 22/22 23/9 24/17 24/22 26/8 26/25
disks [1] 20/21
CR [1] 1/4
32/4 32/15 33/2 35/12 38/6 40/2 40/15 46/7
display [1] 43/19
create [1] 52/14

credibility [19] 5/9 5/10 5/10 12/25 13/3

18/10 36/5 36/7 46/5 46/12 46/16 46/18
46/20 46/21 46/22 46/25 48/15 48/25 49/12
credible [1] 12/24
crime [1] 52/4
critical [3] 46/19 47/17 48/10
cross [5] 2/4 32/20 32/24 35/9 49/17
cross-examination [3] 32/24 35/9 49/17
cue [1] 26/9
Cummings [7] 32/1 32/22 32/24 38/5 46/11
46/15 48/22
Cummings' [3] 35/8 36/5 42/6
current [1] 41/14

forgetting [1] 12/2

formally [2] 22/22 24/17
evidence... [12] 46/9 48/4 48/16 48/20 49/15 forward [1] 49/23
49/25 52/6 52/10 52/12 52/13 52/17 52/18
found [3] 10/2 27/19 29/1
evolving [2] 39/17 52/12
foundation [2] 28/10 29/23
exactly [3] 17/16 33/16 43/4
four [2] 6/22 47/12
examination [3] 32/24 35/9 49/17
Fourteen [2] 23/18 23/22
examine [1] 6/2
Fourteen-A [1] 23/22
excerpt [6] 27/2 28/16 30/15 30/23 31/7
Fourth [1] 1/14
31/20
frankly [1] 33/8
excerpts [8] 20/25 21/2 21/3 21/9 21/10
free [1] 19/20
21/19 22/8 22/20
front [13] 11/19 23/20 27/1 30/16 31/22
exchange [2] 31/23 31/24
32/16 32/19 32/25 33/5 35/10 41/25 42/16
excluded [1] 52/18
43/19
exhibit [42] 2/10 4/10 6/8 6/10 7/21 8/17 9/3 frozen [2] 42/2 42/14
9/4 9/20 11/5 11/11 11/17 11/19 12/12 13/15 full [1] 30/7
14/3 17/17 17/19 17/20 17/21 20/2 20/8
fundamentally [1] 5/11
20/19 21/5 21/20 21/21 22/13 23/6 23/17
further [1] 54/7
24/21 25/25 27/1 27/11 28/17 30/13 31/9
G
31/20 32/3 37/16 43/18 43/22 44/18
exhibits [20] 22/11 22/23 22/23 24/17 26/25 gag [1] 51/17
game [2] 6/20 16/4
33/8 33/10 34/10 34/25 35/6 37/1 37/13
gave [1] 46/10
43/23 44/5 44/11 44/23 45/5 45/8 45/13
general [1] 45/17
45/20
gentleman [2] 25/15 31/12
exits [1] 34/15
gentlemen [2] 25/9 51/24
expect [1] 34/11
get [18] 3/20 12/22 15/18 16/24 17/16 18/8
expended [2] 47/5 51/25
18/9 18/10 23/21 32/11 33/8 46/3 48/3 48/9
experience [1] 32/8
50/5 50/19 52/20 53/4
experienced [1] 49/18
getting [4] 13/1 18/15 39/8 39/10
experiences [1] 40/18
give [4] 3/5 45/8 50/21 51/11
expressing [1] 10/5
given [6] 4/6 7/13 8/7 8/9 19/16 19/20
extensively [1] 19/14
giving [1] 7/12
extremely [1] 49/11
go [14] 6/22 9/11 12/25 13/18 16/10 22/18
eye [2] 20/10 24/4
24/4 25/7 27/2 33/9 38/15 47/12 49/22 49/25
F
GODWARD [1] 1/19
face [1] 48/6
goes [4] 7/3 13/2 47/18 50/16
fact [7] 6/3 15/25 36/11 39/22 40/20 49/6
going [36] 3/11 4/10 4/11 4/16 6/10 9/2
49/10
11/16 13/18 14/21 20/18 23/16 25/4 25/21
fair [11] 13/7 22/1 45/19 48/3 48/10 50/5
26/24 30/6 30/12 30/18 30/18 31/7 35/9
50/19 52/3 52/15 52/21 53/4
35/19 36/16 37/17 37/19 39/25 39/25 40/7
fairly [2] 24/13 53/4
41/6 41/23 44/9 46/19 47/17 48/14 50/14
faith [4] 33/5 39/2 42/4 47/18
50/17 51/16
false [1] 46/9
golf [1] 16/3
family [1] 9/10
good [10] 3/2 3/17 3/18 3/23 3/24 4/2 4/3
far [1] 38/14
30/5 33/5 47/18
fashion [1] 13/7
got [13] 32/14 37/12 39/1 40/10 41/7 41/10
February [9] 5/25 6/1 6/4 6/4 16/24 17/10
41/12 45/4 45/7 46/17 47/2 48/22 50/15
21/11 21/23 22/3
government [29] 1/13 2/3 22/5 22/11 22/22
February 12th [1] 6/4
34/24 36/18 38/24 39/2 43/20 44/2 44/9
February 13th [7] 6/1 6/4 16/24 17/10 21/11 44/12 45/9 46/2 46/3 46/10 47/5 47/6 47/20
21/23 22/3
48/21 49/23 50/3 50/8 50/9 50/20 51/11
February 5th [1] 5/25
51/13 52/16
feeling [1] 40/17
government's [35] 2/10 4/10 6/10 7/21 8/17
Fehr [2] 18/1 18/1
9/3 11/5 11/16 12/12 14/3 17/19 17/21 20/1
FF [1] 6/10
20/8 20/19 21/20 21/21 22/23 23/6 23/17
figuratively [1] 4/13
24/17 24/21 27/1 27/10 28/17 30/13 31/9
figure [2] 38/17 38/18
31/19 32/3 37/13 38/9 42/3 45/5 48/11 49/24
file [3] 51/1 51/12 51/13
growth [22] 5/5 6/5 6/6 7/4 7/9 9/10 9/14
filed [1] 49/4
9/21 9/23 10/9 10/14 10/15 10/17 10/19 11/1
finally [1] 45/4
11/1 27/20 28/13 28/25 29/2 30/8 43/9
find [1] 37/17
guess [2] 36/2 37/19
finding [2] 15/6 28/10
guilt [1] 48/4
findings [5] 5/11 7/3 10/25 27/23 30/11
H
first [12] 4/22 8/6 19/16 25/3 26/25 28/21
had [94]
28/22 31/16 40/14 41/21 44/10 46/4
hadn't [2] 18/11 33/6
first-year [1] 46/4
hand [3] 9/2 25/9 34/10
five [3] 6/22 34/17 47/12
happened [8] 8/10 9/17 22/2 38/10 41/24
Florida [3] 15/1 31/14 31/15
43/12 44/1 50/18
following [1] 22/22
happening [2] 40/6 41/5
force [1] 30/7
harder [1] 46/22
foregoing [1] 54/7
Hardin [6] 1/16 1/17 11/24 15/22 41/20 51/1
foreground [1] 25/9

has [32] 3/9 7/22 8/18 9/3 12/12 14/3 25/25

27/4 31/9 32/3 33/4 33/21 33/23 35/11 35/13
35/25 35/25 36/20 37/17 47/1 47/14 48/3
48/3 48/9 48/19 50/17 51/19 52/4 53/1 53/7
53/9 53/12
hasn't [1] 36/19
hate [2] 32/8 47/12
have [87]
haven't [3] 26/4 33/8 34/6
having [7] 10/18 17/3 36/25 49/23 50/3 50/4
50/8
he [63]
he's [6] 10/15 31/17 32/1 32/23 35/18 50/18
head [1] 38/17
heads [1] 3/5
hear [3] 18/21 19/5 19/12
heard [1] 44/22
hearing [40] 6/1 6/4 6/5 7/7 13/21 16/24
17/5 17/6 17/11 17/12 17/14 17/22 17/24
18/2 18/15 18/17 18/25 19/7 20/13 20/23
21/11 21/14 21/22 23/11 23/13 24/10 26/13
26/18 26/22 27/2 27/20 28/17 30/12 31/21
32/15 33/3 45/1 46/8 46/10 51/14
hearsay [1] 35/23
heart [1] 39/13
held [2] 6/1 21/22
helpful [1] 17/15
her [5] 41/9 42/4 43/6 43/13 46/14
here [18] 6/12 7/21 7/23 7/24 10/15 11/11
12/5 12/14 14/16 16/9 17/9 31/8 32/2 36/6
38/14 38/15 39/2 42/25
here's [1] 32/13
hereby [1] 54/4
hereto [1] 54/10
HGH [2] 39/8 49/8
hide [1] 35/11
him [11] 5/7 6/20 8/7 8/9 12/9 28/24 31/13
39/15 39/22 41/12 43/9
himself [3] 10/7 13/6 48/24
his [48] 5/6 9/13 9/13 9/21 9/22 9/23 9/24
10/5 10/6 10/8 10/17 10/21 11/2 12/6 12/7
13/6 14/9 14/10 14/11 15/4 15/19 16/13
19/21 25/9 28/11 29/23 30/5 30/11 34/9
35/17 36/12 36/21 36/24 39/13 39/24 40/17
42/9 43/6 46/11 46/16 46/21 46/25 48/4
48/15 48/15 48/25 49/8 49/9
hold [1] 18/2
holiday [1] 45/1
home [2] 10/3 49/9
honest [1] 48/23
Honor [30] 3/4 3/13 3/21 8/23 11/13 13/20
20/4 22/15 22/21 23/2 23/3 23/21 24/16
24/24 35/21 37/6 37/15 38/2 38/21 40/10
41/21 42/12 42/22 43/1 43/22 44/14 44/23
50/11 51/8 51/16
Honor's [4] 45/12 45/13 45/17 45/21
HONORABLE [1] 1/10
hormone [21] 5/5 6/5 6/6 7/4 7/10 9/10 9/14
9/21 9/24 10/9 10/14 10/16 10/17 10/19 11/1
11/1 27/20 28/13 28/25 29/2 30/8
hormones [1] 43/10
horrible [1] 15/9
hour [2] 45/9 45/25
house [13] 10/9 11/3 14/10 14/18 15/1 15/15
15/24 15/24 16/3 16/5 16/21 22/5 26/19
Houston [1] 1/18
hove [1] 50/12
how [17] 7/7 15/7 19/17 28/2 29/12 33/5
37/7 37/25 40/21 41/17 43/17 45/19 47/1
47/8 47/15 50/16 51/1
human [22] 5/5 6/5 6/6 7/4 7/9 9/10 9/14
9/21 9/23 10/9 10/14 10/15 10/17 10/19
10/25 11/1 27/20 28/13 28/25 29/2 30/8 43/9

I
I'd [4] 4/8 32/18 42/10 42/13
I'll [13] 11/12 20/7 20/19 23/19 24/3 32/19
38/16 41/16 41/25 47/22 50/24 51/9 51/11
I'm [29] 4/10 4/11 4/16 6/10 6/20 9/2 11/16
11/24 16/22 20/18 22/13 23/11 23/16 23/22
25/14 25/21 26/2 26/24 30/12 31/7 31/10
34/10 36/25 37/16 37/19 38/17 42/3 47/4
50/17
I've [5] 20/24 32/13 37/11 48/1 48/2
i.e [1] 46/9
idea [1] 12/16
identification [3] 20/8 20/19 23/17
identified [1] 25/22
identify [2] 21/20 31/11
Illegal [2] 17/22 21/24
immunity [1] 19/20
impact [3] 40/21 47/1 49/21
impaneling [1] 52/23
impartial [1] 52/15
implanted [1] 40/16
implement [1] 30/6
implication [2] 36/20 41/10
importance [1] 4/8
important [19] 5/12 6/25 7/1 7/2 7/5 8/5 8/6
8/12 10/10 10/12 11/5 12/19 12/23 13/4 13/5
13/10 27/15 29/6 30/24
impossible [1] 52/21
impressions [1] 48/25
impute [1] 39/11
imputed [1] 40/4
inaccuracy [1] 15/11
inaccurate [3] 15/6 15/25 29/5
inadequate [1] 15/8
inadmissible [1] 46/6
inappropriately [2] 46/25 48/19
incentive [1] 40/19
including [1] 45/2
inconsistent [1] 41/13
incumbent [1] 34/9
independent [1] 29/16
indicate [1] 48/23
indicated [1] 52/24
indicating [2] 25/15 49/7
individuals [3] 18/8 18/24 25/23
indulgence [1] 42/18
inevitable [1] 39/24
influence [3] 27/25 29/9 31/2
influencing [5] 5/20 7/19 8/15 11/8 13/12
information [18] 3/9 13/2 16/1 16/16 18/5
18/12 18/15 18/16 34/2 36/11 41/4 41/6 41/8
44/8 44/16 49/20 50/1 53/7
initially [1] 10/22
injected [9] 5/2 5/7 5/18 9/13 9/23 10/11
10/17 28/24 29/1
injecting [2] 4/19 9/21
injection [3] 9/10 9/17 9/24
injections [2] 5/4 7/4
innocence [1] 48/4
inquire [1] 6/2
inquiry [8] 7/6 7/23 7/24 10/10 13/5 16/25
17/9 28/22
inquisitor [1] 32/22
instance [1] 44/10
instruction [2] 38/18 47/10
intention [1] 37/5
interest [1] 47/3
interested [1] 4/22
interviews [1] 18/6
introduction [1] 37/22
investigate [1] 28/6
investigation [6] 13/6 28/6 29/16 29/19

29/24 30/3
investigative [2] 29/14 29/14
investigator [1] 12/24
investigators [1] 16/10
investigatory [1] 28/4
invite [1] 45/2
invited [1] 19/17
involvement [1] 39/7
is [119]
issue [13] 5/8 10/24 15/19 16/6 16/20 16/25
17/3 17/4 40/11 44/22 46/1 50/22 50/23
issued [2] 18/19 18/20
issues [4] 7/1 10/20 30/4 32/10
it [131]
it's [40] 8/4 8/4 9/4 9/6 11/18 11/24 15/18
17/20 17/21 18/15 20/12 20/20 21/23 23/18
23/23 25/14 26/2 26/5 26/5 26/8 26/24 27/1
27/5 29/13 30/19 31/20 31/23 32/20 33/8
34/8 37/10 39/23 42/20 42/24 45/6 46/21
48/6 48/14 51/6 53/1
items [5] 22/18 24/2 24/5 37/8 46/24
its [7] 6/5 6/6 20/24 29/10 31/3 49/25 52/17
itself [1] 30/1

lawyers [4] 15/19 16/16 37/3 52/8

leads [1] 17/9
League [4] 17/23 21/24 28/7 29/15
learn [2] 18/12 18/13
least [3] 32/20 41/14 44/6
leave [1] 47/18
left [3] 4/4 4/9 25/13
legally [1] 48/5
legitimate [1] 35/11
let [25] 4/14 5/23 6/8 7/21 8/17 8/20 8/20
11/11 12/11 14/2 15/13 16/23 17/9 20/1
25/21 26/25 28/16 30/14 31/8 31/10 31/19
34/16 38/2 38/7 43/6
Let's [3] 26/8 26/9 51/15
liberty [5] 47/2 47/19 50/18 52/5 52/5
lidocaine [6] 7/25 8/8 8/8 8/11 28/24 39/15
life [2] 51/24 52/5
light [5] 39/22 43/1 44/3 45/25 49/5
like [5] 4/9 37/3 38/19 42/25 43/2
limine [10] 32/17 33/15 34/8 34/24 34/25
35/7 38/13 44/7 44/25 49/3
limited [1] 47/13
line [8] 6/12 8/4 9/11 9/11 14/8 42/24 44/25
52/5
lined [1] 6/22
lines [1] 43/1
listening [1] 10/22
literally [1] 4/13
little [3] 8/21 25/8 51/10
live [1] 51/7
LL [3] 8/18 9/3 11/5
LLP [1] 1/19
long [2] 13/22 43/17
longer [1] 35/4
look [16] 9/5 12/11 16/14 20/9 20/20 21/13
21/18 22/18 23/19 24/3 24/5 27/3 30/15 32/2
40/9 49/25
looked [1] 10/8
looking [5] 6/5 9/19 15/7 25/11 42/7
looks [1] 42/24
loss [1] 53/10
lot [7] 15/5 15/10 18/4 46/22 47/5 51/25
52/23
luggage [1] 10/8

jail [1] 50/16

January [1] 17/24
jeopardy [3] 50/10 50/18 50/24
job [4] 12/24 15/8 27/22 28/5
Jones [4] 1/21 54/2 54/16 54/16
Jose [1] 15/23
judge [6] 1/10 1/11 32/13 43/6 52/6 53/5
July [6] 1/5 45/1 45/2 45/4 51/10 54/11
July 11th [2] 45/2 45/4
July 5th [1] 45/1
June [5] 14/10 14/18 15/1 15/15 16/21
June 8th [1] 14/10
June 9th [1] 16/21
jury [41] 1/9 3/16 32/14 32/16 32/19 33/1
34/15 35/10 35/11 35/16 36/4 36/8 36/22
38/16 39/25 41/10 41/15 41/25 42/7 43/2
43/19 44/17 46/13 46/17 46/24 47/1 47/7
47/10 47/13 48/25 49/7 50/1 50/5 51/15
51/20 51/22 52/7 52/20 52/23 53/5 53/8
just [24] 5/23 9/4 9/5 16/11 19/25 22/9 23/2
30/14 30/23 31/10 31/22 32/11 32/19 32/23 M
34/7 34/16 35/1 40/23 42/1 42/20 43/18 46/2 M-I-C-A [1] 31/15
machine [3] 1/24 54/4 54/9
51/9 52/24
made [27] 12/22 29/22 30/3 32/12 35/7
justify [1] 52/13
35/18 36/23 36/24 37/1 37/11 39/6 39/16
K
40/5 41/3 44/2 44/7 44/8 46/8 48/6 48/21
keep [2] 12/2 49/5
49/3 49/10 49/24 50/3 52/9 52/17 53/9
kind [4] 7/9 16/13 29/18 38/18
mails [1] 45/20
knew [1] 10/5
main [1] 7/5
Knoblauch [1] 37/18
Major [4] 17/23 21/24 28/7 29/15
know [18] 6/21 10/16 12/8 23/13 25/10 28/3 make [14] 3/7 3/11 15/13 15/19 34/5 37/12
32/16 33/5 33/17 38/19 39/4 39/13 42/4 43/2 39/18 44/8 44/11 47/23 48/7 48/8 49/25 51/9
46/4 47/1 47/16 51/18
makes [3] 34/8 40/22 52/6
knowing [1] 50/16
making [4] 16/6 27/8 34/21 37/3
knowledge [9] 9/9 9/24 22/1 22/12 26/1 39/8 Mall [1] 1/20
39/10 39/12 40/4
man [2] 47/17 50/15
known [2] 4/20 11/3
man's [4] 14/17 47/2 47/19 50/18
KRONISH [1] 1/19
many [1] 29/24
marked [9] 9/2 20/1 20/7 20/18 23/16 44/23
L
45/5 45/8 45/20
Ladies [1] 51/23
matter [2] 4/18 50/21
landscape [2] 33/19 33/21
matters [1] 36/1
last [4] 31/13 38/22 42/11 45/13
may [17] 3/19 3/21 8/23 11/13 20/3 22/15
late [1] 33/8
33/12 34/7 34/20 37/15 37/23 44/22 46/21
later [3] 15/3 18/13 32/20
49/16 50/11 50/12 51/23
Laura [3] 42/6 43/7 43/13
maybe [4] 33/25 37/21 39/4 40/19
law [2] 26/12 46/4
McKinney [1] 1/17
laws [1] 6/6
McNamee [37] 4/18 4/19 5/3 5/6 5/18 6/19

M
McNamee... [31] 8/1 8/7 9/13 9/21 9/23 10/4
10/11 10/14 11/2 14/25 16/9 19/1 19/10
19/11 19/12 19/13 19/14 19/16 19/17 19/18
24/11 25/5 25/13 28/24 29/1 39/7 39/9 39/11
39/24 40/12 46/20
McNamee's [6] 5/3 5/8 5/10 10/8 18/11
19/14
me [39] 3/5 4/14 5/23 6/8 7/21 8/17 8/20
8/20 9/5 9/6 11/11 11/17 12/11 12/17 14/2
15/13 16/23 17/10 20/1 22/20 25/21 26/6
26/25 28/16 30/14 31/8 31/10 31/19 33/20
34/16 35/5 38/2 38/7 42/1 43/6 43/8 45/3
45/22 50/15
mean [9] 14/16 16/22 26/2 32/20 35/19 36/2
36/19 37/25 47/4
medication [1] 8/8
member [3] 31/17 31/24 31/25
members [11] 9/10 17/1 17/5 17/5 18/8 18/9
18/9 26/21 26/21 29/24 29/25
mention [2] 38/7 38/24
mentioning [1] 38/12
message [1] 7/10
methodology [1] 15/9
Mica [2] 31/14 31/15
Michael [1] 1/19
middle [1] 25/12
might [1] 8/20
mind [1] 40/17
minute [1] 13/16
minutes [4] 34/17 41/17 43/16 43/16
mistrial [7] 41/23 43/21 48/6 50/6 50/8
50/13 52/25
misunderstanding [2] 38/9 39/5
misunderstood [1] 48/13
Mitchell [25] 8/10 12/6 12/6 12/7 12/9 12/17
12/24 13/6 14/24 14/25 15/8 15/23 17/22
17/25 19/3 19/6 21/24 27/21 28/4 28/4 28/25
29/17 29/17 29/22 30/2
Mitchell's [23] 5/4 5/11 5/17 5/19 7/3 10/25
12/21 14/22 15/6 15/11 15/14 15/20 19/4
19/7 19/8 19/13 27/19 27/23 28/9 28/10 29/4
30/5 30/10
moment [7] 5/23 17/18 30/14 30/16 31/10
32/6 42/18
money [3] 47/5 51/25 53/10
month [1] 17/24
months [1] 37/9
more [8] 10/24 18/12 25/8 31/8 46/23 47/6
48/18 51/10
morning [8] 3/2 3/17 3/18 3/23 3/24 4/2 4/3
45/10
most [1] 32/22
motion [11] 32/17 33/15 34/8 34/23 34/25
35/6 38/13 43/21 49/3 51/2 51/14
motions [2] 44/25 50/24
move [5] 7/21 22/22 24/17 34/12 41/23
moved [1] 45/10
Mr [109]
Mr. [76]
Mr. Attanasio [1] 34/21
Mr. Barnett [7] 4/2 4/4 4/14 6/12 8/20 20/7
31/22
Mr. Canseco [1] 14/10
Mr. Canseco's [1] 16/21
Mr. Clemens [9] 4/20 6/14 18/22 24/11
25/12 40/20 48/3 49/8 49/10
Mr. Clemens' [3] 4/19 8/7 39/10
Mr. Cummings [1] 32/22
Mr. Elijah [1] 31/25
Mr. Knoblauch [1] 37/18
Mr. McNamee [27] 4/18 5/3 5/6 5/18 8/1

office [2] 1/14 45/16

official [11] 1/22 20/12 20/13 21/19 21/22
29/10 31/3 31/21 54/2 54/8 54/17
okay [8] 3/2 3/15 3/20 13/24 21/16 26/3
30/17 37/11
once [4] 43/10 44/1 44/7 49/24
one [22] 7/1 7/2 8/21 11/12 11/17 13/18 14/2
15/8 15/21 16/7 16/9 16/11 17/24 29/2 30/3
30/10 30/13 36/6 42/14 46/5 47/22 48/21
only [5] 8/21 46/13 46/23 48/18 48/22
open [4] 13/25 34/5 41/5 49/14
opened [1] 34/6
opening [4] 38/10 38/11 40/11 40/25
opine [1] 36/7
opined [1] 48/24
opining [2] 46/11 46/16
opportunity [3] 45/25 50/12 50/13
opposed [2] 11/5 39/1
opposition [1] 51/12
order [6] 37/2 37/20 44/15 45/17 51/17 52/9
other [21] 14/2 18/24 32/21 38/3 38/3 38/12
38/19 38/25 39/6 39/15 39/19 40/1 40/13
N
40/13 41/4 41/4 45/22 47/14 48/16 52/12
N.W [1] 1/23
53/9
name [1] 54/11
others [1] 37/18
nature [2] 40/3 41/24
otherwise [1] 41/13
necessary [1] 30/2
our [5] 7/6 20/13 20/13 24/10 53/3
need [4] 9/11 28/6 40/9 51/1
out [14] 10/3 12/21 14/16 34/16 35/13 36/20
needed [1] 6/21
36/20 37/17 38/17 38/18 41/25 49/5 49/20
needles [1] 6/22
51/24
never [4] 36/15 43/12 45/7 46/25
outline [1] 9/16
new [3] 18/15 44/5 45/12
over [3] 3/8 33/9 33/12
next [7] 3/6 3/12 3/14 10/1 16/4 16/24 17/9 overlooks [1] 43/25
no [19] 1/4 12/16 13/20 14/11 18/18 18/20
override [1] 44/20
18/20 19/22 23/3 24/19 32/13 34/4 37/5 38/3 Oversight [1] 22/5
39/2 39/9 40/1 45/23 53/9
P
Nos [2] 23/6 24/21
P.C [1] 1/17
not [70]
p.m [3] 45/4 51/22 53/15
notes [2] 3/8 54/9
page [12] 4/13 4/15 7/22 8/4 8/4 8/18 8/19
nothing [1] 10/5
8/22 11/24 12/11 14/5 31/20
notice [2] 37/22 41/22
now [33] 10/17 11/20 14/16 18/5 18/7 18/24 pages [1] 54/7
pain [1] 8/8
25/25 27/10 29/17 32/23 33/3 33/14 36/4
paragraph [2] 14/21 14/22
36/19 37/16 37/22 38/14 38/17 39/21 41/7
41/10 41/12 42/21 45/24 46/12 46/17 46/24 part [7] 6/19 14/20 33/22 37/9 38/9 39/2
52/8
50/5 50/9 50/12 50/19 50/22 52/9
particular [1] 11/22
number [3] 2/10 17/19 17/20
particularly [2] 37/3 52/3
numbers [2] 21/6 22/14
parties [1] 52/3
NW [1] 1/14
parts [2] 4/8 20/24
O
party [1] 15/1
oath [11] 9/12 18/6 18/7 25/6 25/22 26/1
passage [6] 6/12 6/23 14/2 14/6 15/14 15/19
26/6 26/12 26/16 26/18 43/11
passes [1] 19/20
object [6] 32/15 32/16 33/6 37/22 38/11
passing [1] 6/20
43/22
pause [1] 42/19
objected [1] 33/6
people [3] 17/3 32/21 42/3
objecting [2] 32/11 33/1
perfectly [3] 35/5 39/16 40/5
objection [11] 23/1 23/3 23/5 24/19 32/9
Perhaps [1] 37/24
33/3 36/9 41/22 43/23 45/23 45/24
period [1] 14/10
obligation [4] 19/23 44/11 49/24 52/8
permission [2] 24/23 30/19
obligations [1] 38/10
permit [1] 49/22
observation [1] 44/6
perplexed [1] 36/25
observed [2] 24/14 25/22
person [4] 16/11 25/10 36/6 48/23
obvious [1] 49/21
personally [1] 24/14
obviously [11] 13/22 34/4 35/18 35/19 36/6 perspective [3] 28/8 46/11 50/16
36/10 38/5 39/21 46/19 48/5 48/12
pestering [2] 45/18 45/20
occasions [1] 16/8
Pettitte [24] 35/18 35/22 36/3 36/4 36/12
occurred [5] 9/25 21/11 34/4 48/2 48/9
36/16 36/21 36/23 38/3 39/21 41/11 42/6
occurring [1] 49/13
42/9 43/7 43/12 43/13 46/12 46/14 46/16
occurs [1] 15/3
46/23 48/19 48/23 49/9 49/16
odds [1] 10/24
Pettitte's [14] 34/3 35/15 35/23 35/24 36/5
off [3] 4/4 4/9 38/17
36/11 41/8 46/13 46/18 47/16 48/8 48/10
offered [1] 35/2
49/5 49/12
9/13 9/21 9/23 10/4 10/11 10/14 11/2 16/9
19/1 19/10 19/11 19/12 19/13 19/14 19/16
19/17 19/18 24/11 25/5 25/13 28/24 39/11
Mr. McNamee's [6] 5/3 5/8 5/10 10/8 18/11
19/14
Mr. Pettitte [10] 35/22 36/3 36/4 36/12
36/21 39/21 43/12 46/14 49/9 49/16
Mr. Pettitte's [8] 34/3 35/15 35/23 36/11
46/13 48/8 48/10 49/5
Mrs [1] 38/3
much [1] 51/1
multipage [3] 8/22 9/4 31/21
multiple [1] 17/2
mush [1] 47/11
must [1] 38/8
my [41] 3/11 14/20 15/21 17/8 17/15 23/22
32/13 32/25 33/3 33/4 33/7 37/2 38/1 38/17
39/5 41/3 42/25 43/15 44/2 44/3 44/6 44/10
44/11 44/20 45/19 46/18 47/14 47/15 47/22
48/1 48/8 49/11 49/18 49/24 50/3 50/15
50/19 52/11 52/20 54/9 54/10

rehabilitate [1] 49/15

related [4] 5/8 14/22 39/7 39/24
PHIL [1] 2/6
relation [1] 45/13
photograph [2] 23/18 23/19
relayed [1] 42/1
photographs [2] 23/23 24/7
released [2] 12/6 29/17
picks [1] 42/25
relevance [1] 14/17
picture [2] 25/4 25/11
relevant [3] 39/20 40/7 40/22
piece [1] 30/12
reliability [1] 5/17
Q
Piper [1] 3/7
relied [1] 19/13
qualify [1] 41/13
place [5] 15/22 28/22 40/14 49/16 49/17
reluctantly [3] 41/23 43/2 52/22
question [18] 4/23 4/24 4/25 5/5 5/12 5/20 rely [2] 28/3 28/8
places [1] 46/16
7/18 8/12 14/14 14/19 27/14 27/24 29/6
Plaintiff [1] 1/3
remember [3] 22/13 40/10 43/13
29/21 31/23 33/23 38/4 44/19
play [5] 16/3 16/3 25/21 27/10 52/2
remembers [1] 43/17
question-and-answer [1] 31/23
play-by-play [1] 16/3
remind [1] 43/10
questioning [1] 35/14
played [8] 26/10 27/12 28/19 30/21 32/5
reminded [1] 38/12
questions [15] 4/5 4/7 4/7 11/4 11/22 11/23 render [1] 52/14
33/14 33/18 44/17
12/10 13/9 17/6 18/9 31/12 35/9 35/11 36/3 repeated [1] 45/7
Player's [1] 18/1
players [9] 12/22 38/4 38/12 38/25 39/6 40/1 49/20
repeatedly [1] 45/14
quite [2] 32/16 33/7
40/13 40/14 41/4
reply [1] 51/13
quote [1] 42/2
playing [1] 32/23
report [28] 5/4 5/19 12/7 12/21 14/22 15/6
please [7] 17/18 20/9 22/18 24/5 25/19 27/11
15/10 15/12 15/14 15/20 15/23 17/22 19/4
R
45/8
19/7 19/8 19/9 19/13 20/13 21/22 21/24
point [15] 5/24 9/12 12/10 15/4 15/9 15/21 raise [2] 10/18 32/8
27/19 29/4 29/17 29/18 30/5 30/11 33/3 33/4
raised [4] 25/10 33/23 33/25 34/2
34/5 34/20 35/14 36/14 41/25 43/15 47/5
reported [4] 8/10 14/24 14/25 54/4
ranking [1] 31/17
50/7 52/1
Reporter [4] 1/21 1/22 54/2 54/17
rapidly [1] 45/10
points [2] 16/9 29/3
reports [1] 5/17
rather [1] 34/24
policy [3] 28/7 29/14 29/21
representative [4] 19/6 31/16 32/24 38/5
re [3] 50/10 50/23 50/25
pondered [1] 48/2
Republican [2] 31/15 31/18
re-prosecuted [1] 50/23
pool [1] 51/20
request [3] 44/4 44/8 48/6
re-prosecution [2] 50/10 50/25
portion [2] 42/11 42/23
requested [1] 29/20
reach [3] 33/20 47/5 51/25
portions [2] 33/3 33/6
requests [1] 45/7
reached [2] 12/21 49/22
posed [1] 38/5
required [1] 18/17
reaches [1] 53/5
possibility [2] 53/6 53/6
resource [1] 45/15
reactions [2] 10/2 10/18
possible [1] 14/17
resources [1] 47/13
read [11] 3/7 4/15 4/16 6/10 7/24 21/23
possibly [1] 49/15
respect [2] 28/12 38/25
34/12 42/20 43/3 43/6 43/18
post [1] 45/12
response [2] 43/20 49/3
reads [1] 42/23
posture [1] 50/4
responsibility [2] 37/14 44/13
ready [2] 6/22 38/18
potential [1] 51/19
restrict [1] 35/4
really [3] 16/14 18/14 38/18
precipitated [1] 50/8
rests [1] 44/12
reason [3] 8/6 33/18 33/19
prefers [1] 51/5
result [3] 49/14 52/18 52/19
reasons [1] 31/5
prejudices [1] 53/7
resuming [3] 34/18 41/18 47/24
recall [4] 4/23 9/19 17/7 17/14
prejudicial [2] 41/24 49/11
retained [2] 29/16 30/2
receipts [1] 16/2
premised [1] 15/10
retried [1] 51/19
receive [3] 16/15 39/14 52/3
preparing [1] 19/4
retry [1] 50/9
receiving [2] 39/12 39/14
prerequisites [2] 36/13 36/25
review [2] 45/25 46/1
recently [1] 45/3
prerogative [3] 36/8 37/10 51/6
revisit [1] 38/21
recess [3] 34/18 41/18 47/24
presented [5] 3/10 10/20 47/7 48/20 52/7
right [14] 7/15 7/17 16/11 17/16 19/11 25/4
recognize [6] 9/5 20/10 20/12 24/4 24/7
presenting [1] 50/1
25/9 25/11 27/10 32/2 34/22 35/21 38/17
31/13
pretrial [2] 38/1 49/3
48/3
recollection [6] 9/19 9/22 14/20 15/21 17/8 right-hand [1] 25/9
pretty [1] 14/21
17/16
previously [2] 31/5 43/24
ring [2] 47/8 47/15
recommendations [7] 28/9 28/11 29/22
prior [6] 5/2 7/6 41/13 44/6 44/6 49/6
risk [1] 47/19
29/23 30/3 30/5 30/6
prison [1] 47/18
Roger [3] 1/6 43/8 43/9
record [10] 4/16 4/17 7/24 20/20 32/11 34/7 room [4] 1/22 6/7 6/20 10/22
private [1] 17/11
41/14 41/25 42/21 43/3
probably [6] 7/2 10/6 39/23 43/5 43/15
round [1] 31/13
recorded [3] 1/24 20/22 42/23
45/19
RPR [2] 1/21 54/16
redact [1] 34/9
problem [6] 32/13 32/18 35/16 37/16 38/7
rule [1] 26/19
redacted [3] 37/17 37/19 44/2
41/7
ruled [6] 33/14 36/1 36/10 38/12 44/16
redactions [1] 37/23
proceed [3] 3/21 37/25 41/17
49/13
Redirect [1] 2/4
proceeding [1] 26/18
rules [3] 34/23 52/1 52/2
refer [2] 17/20 41/1
proceedings [7] 1/24 40/22 52/25 53/11
ruling [28] 34/8 36/23 37/1 37/6 37/11 37/12
reference [7] 3/7 34/1 36/10 39/21 40/1 41/9 38/24 39/5 40/9 40/25 41/3 41/22 44/2 44/4
53/14 54/5 54/8
48/21
produce [1] 38/22
44/7 44/10 44/12 44/20 45/21 47/23 49/3
references [2] 37/18 38/3
produced [3] 1/25 3/9 46/1
49/24 50/2 50/13 52/9 52/15 52/17 53/8
referred [2] 21/5 21/5
prominent [1] 7/7
rulings [6] 37/3 37/4 38/1 44/7 45/12 52/6
reflect [2] 20/20 44/3
proper [1] 35/5
run [6] 26/9 30/18 37/5 38/23 40/24 41/2
Reform [1] 22/6
prosecuted [1] 50/23
running [1] 32/21
refresh [1] 17/15
prosecution [2] 50/10 50/25
runs [2] 38/1 41/8
regard [1] 37/20
prosecutor [1] 34/9
Russell [1] 1/16
regarding [2] 46/11 52/6
prove [1] 39/3
RUSTY [2] 1/17 15/22
regards [2] 7/2 10/12
provide [1] 18/4
S
REGGIE [1] 1/10
provided [3] 12/7 16/16 40/19
regulate [1] 30/1
sadly [1] 49/21
public [8] 5/1 6/1 17/6 17/11 17/12 18/2

18/17 18/25
publish [2] 4/12 24/24
purported [1] 35/17
purpose [1] 7/5
pursue [1] 34/20
put [11] 4/12 11/17 12/11 14/4 25/2 27/3
28/18 31/19 33/7 50/4 50/18

since [1] 45/21

sir [7] 12/4 21/15 23/20 24/3 27/6 30/14
51/21
situation [5] 16/13 40/4 47/8 47/19 47/21
six [1] 42/25
so [29] 3/10 3/11 4/12 7/5 8/9 10/20 13/1
15/13 16/6 17/16 18/12 18/15 22/13 29/2
29/12 33/17 38/8 39/16 40/5 41/12 45/12
45/13 45/18 46/12 46/17 47/11 50/21 53/12
53/13
solution [1] 38/20
some [13] 4/5 4/5 4/6 4/7 5/24 9/12 10/1
31/11 32/10 33/18 39/5 39/18 51/20
somehow [4] 40/3 40/19 40/22 52/13
someone [1] 52/4
something [10] 11/3 33/1 34/4 36/21 39/17
39/25 40/6 41/11 46/14 49/13
sorry [8] 11/24 17/19 23/11 23/22 25/14
26/2 30/14 31/10
sort [1] 3/5
speak [1] 12/9
speakers [1] 31/11
speaking [2] 12/14 14/9
specifically [4] 8/4 34/1 42/8 44/19
spent [1] 52/23
staff [1] 3/11
stage [1] 38/20
stand [4] 23/23 32/18 33/5 42/1
standing [3] 32/25 35/10 42/11
start [1] 35/14
started [1] 3/20
starts [2] 35/22 35/24
state [2] 34/24 43/7
stated [1] 31/5
statement [11] 10/21 15/11 16/8 27/8 38/10
38/11 40/12 40/12 40/25 41/13 49/6
statements [15] 5/1 5/6 10/21 10/23 12/25
13/19 13/22 17/3 19/14 35/18 35/21 36/23
42/6 46/6 46/7
STATES [5] 1/1 1/3 1/11 53/2 54/3
stayed [2] 42/2 49/19
step [1] 5/23
steps [1] 47/20
steroids [13] 5/5 7/4 7/9 8/9 8/11 17/23
21/24 27/20 28/14 28/25 29/2 30/9 39/8
Steven [1] 1/13
still [3] 16/25 18/15 51/17
story [1] 12/23
Street [2] 1/14 1/17
student [1] 46/4
subject [3] 16/17 17/6 27/16
subpoena [3] 18/18 18/19 18/20
subpoenaed [1] 19/17
subscribed [1] 54/10
substance [2] 4/20 36/19
substances [1] 39/23
substantive [1] 46/9
suddenly [1] 45/11
suggest [2] 38/15 40/3
suggested [1] 48/12
Suite [1] 1/17
supposed [1] 49/8
sure [9] 3/7 3/11 15/13 16/22 22/13 37/16
44/8 44/11 49/25
suspect [1] 37/21
sworn [3] 19/25 23/14 24/11
symptoms [1] 10/2
systematically [1] 14/21

said [26] 5/1 9/25 10/7 10/13 10/16 15/9

15/22 16/1 16/13 19/10 23/11 34/3 35/25
36/12 36/17 36/21 39/4 39/11 40/21 41/9
41/11 42/9 43/6 43/11 46/15 54/8
same [9] 4/13 6/19 7/9 19/23 21/18 25/8
25/19 25/20 29/13
San [1] 1/20
saw [3] 14/25 21/2 30/23
say [6] 6/19 34/7 36/9 37/10 37/11 42/8
saying [8] 7/14 10/5 10/15 16/9 35/17 46/10
46/13 48/13
says [3] 39/22 41/12 46/15
scending [1] 7/10
schedule [1] 50/24
Scheeler [8] 3/13 19/1 19/2 19/5 19/24 24/11
25/5 25/12
school [1] 14/16
screen [19] 4/12 8/21 11/18 11/19 12/12 14/5
23/20 24/3 25/2 27/4 28/18 31/19 42/7 42/8
42/20 42/21 42/25 43/4 45/11
seated [2] 3/19 51/23
second [3] 23/2 38/8 38/14
seconds [1] 34/12
sections [1] 35/3
see [19] 3/8 6/23 8/2 10/8 11/19 14/6 14/12
18/9 27/5 27/6 30/15 35/16 39/17 40/21
42/10 42/13 45/11 47/8 47/15
seen [6] 20/11 20/22 20/24 20/25 26/4 34/6
selection [1] 47/13
Selig [1] 17/25
senator [45] 5/4 5/11 5/17 5/19 7/3 8/10
10/25 12/6 12/6 12/7 12/9 12/16 12/20 12/23
13/5 14/22 14/24 14/24 15/6 15/8 15/11
15/14 15/19 17/25 19/3 19/4 19/6 19/6 19/8
19/13 27/19 27/21 27/23 28/4 28/4 28/8
28/10 28/25 29/4 29/17 29/17 29/22 30/2
30/4 30/10
sending [1] 7/8
Senior [1] 31/18
sentence [1] 50/16
sentences [1] 27/5
September [1] 51/13
series [4] 11/4 11/22 11/23 13/9
serious [1] 46/20
Session [1] 1/8
set [2] 50/24 51/13
seven [3] 1/8 42/24 42/25
seven-line [1] 42/24
several [5] 10/12 16/7 21/3 45/2 48/1
shake [1] 53/4
share [1] 16/2
she [3] 10/1 42/4 46/14
short [3] 34/14 41/16 47/22
shorthand [3] 1/24 54/5 54/9
shortly [1] 49/7
shot [6] 7/25 8/8 8/9 8/11 8/11 25/8
shots [2] 7/13 24/10
should [15] 15/7 16/13 20/20 33/17 34/13
35/15 44/1 44/2 44/4 44/8 45/23 47/6 47/20
48/24 52/16
show [8] 20/1 20/7 20/18 23/16 26/6 26/24
30/12 31/7
showed [3] 21/2 21/9 22/20
showing [2] 11/1 16/2
shown [1] 44/17
shows [1] 15/7
side [3] 29/14 29/21 51/17
T
sides [2] 12/23 17/4
table [2] 2/1 51/17
significance [1] 48/7
tactical [1] 32/12
similar [1] 8/6
tainted [1] 51/20
simply [1] 32/23

take [21] 9/5 11/12 20/9 20/20 22/18 23/19

24/3 24/5 27/2 30/15 32/2 34/14 34/16 37/17
41/16 41/17 42/18 47/22 49/16 49/16 52/16
taken [11] 5/25 18/10 18/11 27/20 34/18
35/4 41/18 47/20 47/24 51/24 52/16
talk [4] 12/17 12/22 14/16 47/22
talked [6] 12/5 16/5 17/11 32/10 40/16 48/1
talking [6] 6/16 17/2 32/21 35/22 35/24 42/4
task [2] 46/22 46/23
taxpayer's [1] 51/25
tell [5] 9/5 9/6 12/16 19/23 34/10
telling [3] 20/10 24/4 43/13
ten [6] 6/12 41/17 51/3 51/4 51/7 51/10
terminate [2] 52/25 53/10
testified [4] 18/24 19/1 19/10 19/11
testify [2] 9/12 35/19
testimony [24] 4/5 4/8 4/19 5/17 6/25 7/15
8/1 12/8 19/21 27/5 27/15 27/22 28/21 32/9
39/19 40/7 46/9 47/17 48/8 48/10 48/15
48/19 49/5 54/5
Texas [1] 1/18
than [4] 19/15 19/15 39/15 51/10
thank [5] 12/1 42/22 43/5 53/12 53/13
that [271]
that's [22] 6/8 7/14 12/15 13/2 17/8 17/17
20/8 21/4 21/8 25/8 25/16 26/3 28/17 31/6
31/14 32/9 33/7 36/7 37/13 39/13 39/25
45/19
their [11] 9/25 18/10 34/25 37/10 38/9 39/7
39/8 39/11 40/4 40/18 52/5
them [17] 18/9 21/5 21/5 24/3 24/4 34/10
34/12 34/12 38/13 40/21 44/17 45/6 45/7
45/10 45/16 45/17 45/20
then [14] 10/23 15/25 25/5 25/5 25/12 25/12
30/18 33/24 34/9 34/12 35/8 35/24 45/10
45/10
there [43] 10/9 10/20 10/23 10/23 13/21 15/2
15/24 16/9 17/10 17/12 17/13 18/12 18/18
18/20 18/24 19/19 22/8 26/21 26/23 29/21
32/21 33/19 35/12 35/13 36/9 37/2 37/5
37/23 37/23 37/24 38/2 38/8 39/2 39/4 42/2
42/5 42/16 44/4 45/23 45/23 48/13 52/1 53/6
there's [9] 6/22 7/23 7/24 15/13 32/10 40/1
40/15 46/19 52/8
therefore [5] 33/19 40/16 40/18 49/14 52/22
Thereupon [9] 3/16 23/6 24/21 34/15 34/18
41/18 47/24 51/22 53/14
these [27] 12/9 12/25 18/3 24/2 24/10 25/2
25/23 33/10 33/10 35/2 37/1 37/8 37/9 37/12
39/6 39/19 39/23 40/1 40/13 40/13 40/21
40/21 40/22 41/4 43/23 44/5 52/25
they [49] 11/5 11/7 11/8 11/10 13/10 13/11
13/12 13/14 15/9 15/9 15/25 16/1 16/1 16/6
18/2 19/25 21/10 21/12 22/11 23/15 24/9
24/13 24/15 30/4 34/12 34/22 35/1 35/2 35/6
36/6 36/15 37/19 37/21 37/21 38/16 39/1
39/1 39/8 39/12 39/19 40/2 40/16 40/17
40/20 43/24 45/10 45/19 49/19 53/4
They'll [2] 23/4 24/2
they're [3] 13/22 32/21 34/16
thing [5] 6/11 16/7 16/9 33/7 45/22
things [4] 18/13 41/4 46/17 47/14
think [32] 10/6 10/7 14/21 15/3 15/8 17/15
29/13 34/22 35/15 35/20 37/22 38/1 39/23
40/8 41/7 41/16 41/22 42/25 43/15 45/8
45/18 46/3 46/21 46/23 47/9 47/11 47/16
48/13 48/14 48/16 50/7 51/7
this [168]
thorough [4] 28/5 28/6 29/15 29/19
those [15] 21/3 21/9 22/18 22/19 24/5 24/7
29/23 30/6 36/1 37/4 44/3 44/7 44/11 45/14
52/2
thought [5] 39/6 39/16 40/5 41/2 41/3

T
three [4] 23/23 24/10 43/16 45/17
through [12] 2/11 2/12 2/12 9/11 13/18
14/11 14/21 34/11 35/1 47/9 47/12 48/20
Thursday [1] 1/5
time [22] 5/24 6/1 14/10 16/3 16/6 21/18
22/21 24/16 32/23 33/9 38/14 42/5 42/16
43/18 44/25 47/13 50/21 50/25 51/1 52/23
53/10 53/13
times [1] 45/2
title [3] 17/14 17/22 21/23
told [6] 6/20 39/22 41/12 43/8 46/14 49/9
Tom [1] 31/17
too [1] 38/11
took [1] 18/3
top [1] 38/17
topic [6] 4/18 9/8 11/23 12/4 12/5 30/24
total [2] 33/14 38/8
totally [2] 35/23 41/8
toward [2] 20/10 24/4
transcribed [1] 54/9
transcript [19] 1/9 1/24 20/12 21/19 21/19
27/2 30/13 30/15 31/10 31/21 33/12 35/2
35/3 38/23 40/9 41/1 42/23 46/1 54/8
transcription [2] 1/25 22/2
transpired [2] 53/1 53/13
treated [1] 53/4
tremendous [1] 53/10
trial [21] 1/9 3/10 6/9 12/13 14/4 39/18 40/6
41/5 43/23 45/18 48/3 48/10 49/14 50/5
50/19 52/3 52/7 52/10 52/11 52/19 52/21
tried [1] 12/21
troubled [2] 36/19 47/4
true [6] 21/10 28/12 33/2 35/1 43/12 52/3
truth [1] 19/23
truthful [10] 5/12 8/12 11/4 13/2 13/9 27/14
27/15 28/21 29/6 30/24
truthfulness [1] 13/1
try [4] 16/10 48/7 48/8 53/3
trying [8] 5/16 8/9 12/20 27/21 29/3 29/18
35/11 39/3
turned [2] 33/11 33/12
TV [1] 42/3
two [9] 17/23 20/20 21/25 27/5 29/13 37/9
43/16 46/17 46/24
type [2] 14/18 19/20

24/4 34/10 42/16 43/14 45/8

use [9] 7/11 17/23 21/24 35/17 39/24 40/14
40/20 44/9 49/8
used [6] 10/25 15/9 30/8 39/1 39/20 39/23
using [2] 9/10 43/9

V
validity [2] 12/20 28/10
vehemence [1] 15/5
verb [1] 45/19
version [2] 20/22 20/23
versus [1] 16/12
very [13] 7/12 10/21 10/23 19/15 23/4 24/25
30/20 47/4 48/14 48/16 51/9 52/21 52/22
video [15] 20/22 21/9 22/8 22/19 25/22 26/2
26/6 26/10 26/24 27/12 28/19 30/19 30/21
32/5 33/11
view [8] 46/18 47/15 48/10 49/11 50/4 50/19
52/11 52/20
viewed [1] 21/10
violate [2] 32/17 50/2
violated [1] 44/12
violation [4] 37/2 38/13 49/2 53/8
visual [1] 32/14
Vitamin [5] 4/20 5/7 6/7 6/17 7/5
voluntarily [1] 19/19
voluntary [1] 18/18

wake [1] 45/21

WALTON [1] 1/10
want [13] 3/10 6/11 13/15 19/5 19/12 31/22
32/11 38/21 38/23 40/23 41/1 41/17 51/19
wanted [5] 12/9 12/17 16/1 28/3 28/8
was [173]
Washington [3] 1/5 1/15 1/23
wasn't [5] 15/24 16/11 16/20 36/9 44/15
Waxman [3] 24/12 25/16 26/15
way [8] 6/19 18/14 26/8 34/22 34/23 39/18
40/18 51/20
we [82]
we'll [14] 11/17 14/4 17/17 17/20 24/16
24/23 25/2 25/7 26/9 27/3 28/18 34/14 41/22
46/25
we're [14] 4/12 12/20 13/20 13/21 13/22
29/18 30/18 30/18 37/17 37/22 38/14 41/23
44/13 51/16
we've [9] 23/18 41/7 41/10 41/12 45/6 46/17
U
47/2 51/25 52/23
U.S [3] 1/14 1/22 45/15
week [2] 16/24 51/24
ultimately [1] 47/1
week's [1] 38/22
un [2] 47/8 47/15
weeks [4] 21/3 45/6 45/6 45/7
un-ring [2] 47/8 47/15
well [20] 10/12 12/20 16/15 16/23 19/16 23/4
unbeknownst [1] 39/14
24/25 26/5 28/21 30/20 33/10 36/18 37/7
under [8] 9/12 9/17 18/6 18/6 19/23 43/11
37/8 37/25 38/7 39/4 40/17 41/2 51/9
45/16 50/17
went [3] 10/7 34/22 35/1
undermine [3] 46/21 46/22 48/14
were [53] 4/22 5/4 7/4 8/9 9/20 10/20 10/23
understand [10] 8/9 15/13 28/8 29/4 33/13 10/23 10/24 11/4 11/5 11/7 11/8 11/10 13/9
40/23 40/24 44/1 44/5 44/21
13/9 13/11 13/12 13/14 16/6 16/9 16/15
understood [2] 26/5 45/16
16/19 16/23 18/15 18/24 19/25 23/8 23/13
unfairly [2] 49/12 53/7
23/15 24/22 26/21 26/23 28/10 30/4 36/6
unfortunate [1] 53/2
36/13 36/25 37/1 37/8 39/8 39/12 40/17 42/1
Unfortunately [1] 52/1
42/4 42/5 42/7 42/11 43/16 43/23 45/17 47/7
UNITED [5] 1/1 1/3 1/11 53/2 54/3
47/20
unless [4] 33/18 36/12 36/24 40/15
weren't [1] 18/6
until [3] 18/14 45/9 51/11
what [56]
up [22] 3/5 3/11 6/22 17/2 18/14 26/9 31/10 what's [7] 9/2 20/1 20/7 20/18 23/16 41/24
31/19 32/18 32/21 32/25 33/5 35/10 35/13
43/4
40/10 40/11 42/1 42/2 42/5 42/11 42/15
whatever [4] 6/21 42/15 44/9 51/5
42/25
whatsoever [1] 39/9
upon [6] 3/9 40/4 40/18 47/16 48/4 49/16
when [25] 4/4 10/3 16/4 16/24 17/25 18/10
upset [1] 10/3
33/6 33/8 34/8 35/1 35/8 35/22 37/21 38/23
us [11] 10/24 16/2 17/9 17/18 20/10 21/21
43/14 45/4 46/24 47/2 47/19 48/15 48/19

50/17 52/4 52/6 53/5

where [10] 3/11 4/9 9/6 16/8 16/10 38/14
42/23 47/19 50/4 52/14
whereof [1] 54/10
whether [28] 3/8 7/8 9/5 9/9 10/10 12/21
12/22 12/23 14/8 14/17 14/23 15/14 16/20
19/8 20/10 20/10 24/4 27/21 29/21 34/2
45/24 47/17 48/9 50/8 50/9 50/9 50/23 50/24
which [26] 4/6 4/11 7/22 9/3 10/18 12/12
14/3 17/9 18/6 25/25 26/18 31/9 31/9 32/3
32/15 35/25 36/5 36/13 38/5 43/9 44/5 45/25
48/22 48/24 49/2 51/10
while [3] 34/16 42/1 48/12
who [11] 3/6 3/12 16/10 16/11 18/24 19/2
19/3 31/12 40/1 52/4 53/3
who's [1] 27/8
whole [3] 6/11 15/24 32/23
whom [1] 39/1
whose [1] 52/5
why [21] 4/22 4/22 4/25 5/15 8/5 12/19
14/18 18/2 19/5 19/12 21/20 27/18 28/21
32/2 37/1 38/25 40/13 43/3 43/12 44/15
45/16
wife [20] 9/13 9/21 9/23 10/11 10/17 34/3
34/3 35/15 36/11 36/12 36/21 36/24 41/8
41/11 42/9 43/6 46/13 49/5 49/7 49/9
wife's [1] 35/25
will [12] 3/6 3/12 3/13 22/22 34/24 34/24
36/15 42/18 45/9 50/5 50/21 51/1
WILLIAM [1] 1/5
willing [1] 18/21
within [2] 38/4 40/25
without [6] 9/24 9/24 23/5 32/9 43/23 52/12
witness [16] 3/3 6/13 8/24 12/14 13/1 13/3
20/3 20/14 22/19 24/6 36/6 36/7 46/5 46/5
46/19 54/10
witnesses [5] 2/2 3/6 18/5 23/14 26/13
work [1] 28/4
worked [1] 19/3
would [40] 10/18 11/2 11/2 11/3 12/25 14/18
17/15 17/24 22/11 28/5 37/7 38/19 39/9
39/18 40/3 40/19 41/5 42/14 42/15 42/22
43/2 43/5 43/12 43/17 44/17 45/19 46/4
47/11 49/11 49/12 49/14 49/16 49/19 49/20
49/21 50/1 52/12 52/13 52/14 52/21
wrong [1] 16/11

Y
year [1] 46/4
yes [79]
yesterday [4] 4/4 4/9 4/11 4/16
yet [3] 18/11 20/9 23/18
you [118]
you'd [1] 49/6
you'll [1] 17/18
you're [6] 13/1 14/9 25/11 32/11 35/21 50/14
you've [5] 20/11 20/25 31/5 32/12 37/12
your [59]

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