Report: McNamee's lawyer says he may sue Clemens

Updated: January 3, 2008, 3:44 PM ET
ESPN.com news services

A lawyer for Brian McNamee, the man who told investigators for the Mitchell report that he injected steroids and human growth hormone into Roger Clemens, told The New York Times he will sue Clemens if he accuses McNamee of lying in a "60 Minutes" interview scheduled to air Sunday.

"He's got a chance to protect himself," Richard D. Emery, a New York-based lawyer who specializes in libel and defamation actions, told The Times. "We're not going to sue him if he doesn't do it. But if he does it, we're going to sue him."

Clemens was interviewed by "60 Minutes" correspondent Mike Wallace last Friday. The interview is set to be aired Sunday following CBS' coverage of the NFL playoffs.

Clemens' lawyer, Rusty Hardin, told The Times his client has nothing to hide.

"I believe a client who's telling the truth should tell the world the truth," he said. Of Clemens' upcoming "60 Minutes" appearance, Hardin said, "I think [Clemens] expressed himself very emotionally, and it'll give the viewer a chance to look at Roger and make up their mind."

On Thursday, Hardin added: "In his interview with 60 Minutes Roger told the truth. It is that simple. I encourage Mr. McNamee to watch the program."

McNamee claims, according to the Mitchell report, that he injected Clemens with steroids in 1998, 2000 and 2001. He said he injected the seven-time Cy Young winner with HGH in 2000.

Clemens has issued denials both through his lawyer and in a video posted on his Web site.

"Let me be clear, the answer is no. I did not use steroids or human growth hormone, and I've never done so," Clemens said in the video. "I did not provide Brian McNamee with any drugs to inject into my body. Brian McNamee did not inject steroids or human growth hormones into my body."

McNamee's lawyer, Ed Ward, said in December that "[McNamee] stands 100 percent behind the accuracy of the information he provided to Sen. Mitchell."

Shortly after the report was released, Hardin said: "... I am extremely upset that Roger's name was in this report based on the allegations of a troubled and unreliable witness who only came up with names after being threatened with possible prison time."

Also on Thursday, the New York Daily News reported that Hank Steinbrenner, the New York Yankees' senior vice president, said Clemens will not be back in pinstripes.

"I'm not signing Clemens," Steinbrenner told the Daily News in a telephone interview.

Steinbrenner said the team has Andy Pettitte, who is also mentioned in the Mitchell report and who has admitted using performance enhancing drugs, signed for one season.

"Andy is [signed] for one year and he's only 35 and he knows how to pitch in the big games," Steinbrenner said, according to the Daily News. "Roger does, too, but let's face it, he's going to be 46 [in August].

"Pettitte is just as good with the young pitchers, though Clemens was great with the young kids last year. I don't think Roger is going to come back anyway."