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The Honolulu Advertiser
Posted at 12:28 a.m., Wednesday, March 11, 2009

MLB: Report: AG recuses himself from Clemens case

Associated Press

NEW YORK — Attorney general Eric Holder has cited a conflict of interest in recusing himself from any legal matters involving Roger Clemens, the Daily News reported Tuesday.

Prior to his appointment by the Obama administration, Holder's law firm represented Clemens during last year's congressional probe into steroid use in baseball. Holder was a partner at Covington and Burling, a Washington D.C. firm that also employed Lanny Breuer, who was retained by Clemens.

Breuer has also been nominated for a top Justice Department post, and Sen. Chuck Schumer (D-N.Y.) told the News that Breuer will likely offer his own recusal if he is confirmed.

Breuer is President Obama's nominee for assistant attorney general for DOJ's criminal division, which would make him supervisor of any federal prosecutor charging Clemens with perjury.

A federal grand jury in Washington is investigating whether Clemens lied when he told a congressional committee last year that he didn't use illegal performance-enhancing substances. Clemens' former trainer, Brian McNamee, testified before the same committee and said he repeatedly injected Clemens with steroids and HGH.

In addition to perjury, the News reported that questions have been raised as to whether Clemens tampered with a witness when he spoke to Lily Strain, the former nanny to his children, before the congressional committee had a chance to talk to her.

"Absolutely not!" Clemens' attorney, Rusty Hardin, was quoted as saying Tuesday. "That was one of (committee chairman Henry) Waxman's most outrageous suggestions in the whole circus. It didn't happen and any impartial investigation would so show."

The News also cited anonymous sources close to Clemens who said the seven-time Cy Young award winner expects to be indicted.