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Questions, Answers (cont.)

Posted: Tuesday January 8, 2008 12:24AM; Updated: Tuesday January 8, 2008 3:47PM

Question Raised: If Clemens knew McNamee was lying, why didn't he push him more in the conversation to admit it?

Answer: Hardin said he advised Clemens to be very careful about baiting McNamee. McNamee "is a federal witness now," Hardin said, adding that Clemens had to be careful not to appear to persuade a federal witness or to offer McNamee anything in return for him saying he had lied. Both Clemens and McNamee largely steered clear of any direct discussion of McNamee's allegations. At one point, Clemens said, "I just know I didn't do it." But McNamee responds only with "tell me what you want me to do," as he had several times earlier, including when he offered to attend the Monday news conference.

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Question Raised: If McNamee offered to attend the news conference, why wasn't he there?

Answer: Clemens got off the phone with McNamee saying he would get back to McNamee. Hardin says Clemens then sent McNamee an e-mail saying he was no longer comfortable talking unless McNamee's lawyers approved it. (Emery says he had no knowledge of that e-mail.) Hardin claims that McNamee had not responded by the time Newsday reported on Sunday that a conversation had taken place between Clemens and McNamee. At that point, says Hardin, "We said, 'OK, he leaked it to the media instead of getting back to us,'" and they decided to go forward with playing the tape.

What's Next?

Emery said the defamation lawsuit that Clemens' lawyers filed and the news conference Monday have not yet persuaded him to file a defamation lawsuit on behalf of McNamee.

Emery had previously suggested that Clemens' defamation suit could be an attempt to avoid testifying before Congress on Jan. 16. According to Clemens on Monday, he will testify before Congress, and, said Hardin, "he will not hide behind the Fifth Amendment."

So, it appears likely that Clemens will testify under oath later this month and then perhaps again in a defamation lawsuit, if not in two defamation lawsuits. (McNamee's lawyers will continue to consider filing a defamation suit).

In what has became a crazy game of "he said/he said," it appears that both men will soon have put themselves on the line with statements (McNamee to federal investigators and Clemens to Congress) that, if false, could lead to criminal prosecution.

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