McNamee's lawyer predicts pardon for Clemens

One of Brian McNamee's lawyers predicted that Roger Clemens will be pardoned by President George W. Bush, saying some Republicans treated his client harshly because of the pitcher's friendship with the Bush family.

Lawyer Richard Emery made the claims Thursday, a day after a congressional hearing broke down along party lines.

Many Democrats were skeptical of Clemens's denials that he used performance-enhancing drugs and Republicans questioned the character of McNamee, the personal trainer who made the accusations against the seven-time Cy Young Award winner.

"It would be the easiest thing in the world for George W. Bush … to say Roger Clemens is an American hero, Roger Clemens helped children," Emery said in a telephone interview.

"It's my belief they have some reason to believe they can get a pardon."

During Wednesday's session before the House Committee on Oversight and Government Reform, Clemens repeated his denials under oath, which could lead to criminal charges if federal prosecutors conclude he made false statements or obstructed Congress.

"I'm not aware of Mr. Clemens having been charged with anything," Tony Fratto, White House deputy press secretary, said after being told of Emery's remarks.

Emery cited Bush's decision last year to commute the 2½-year prison sentence of I. Lewis (Scooter) Libby, his vice-president's former top aide.

Libby was convicted in the case of the leaked identity of a CIA operative.

During the hearing, Clemens cited his friendship with Bush's father, former president George H.W. Bush, a baseball fan who regularly attends Houston Astros games.

Clemens said he was on a recent hunting trip when the elder Bush called with words of support.

"They have some belief that even if he's prosecuted, he will never have to serve jail time or face a trail," Emery said. "This is a charade we're going through."

IRS special agent Jeff Novitzky attended the hearing and watched from the second row.

Novitzky has been a part of the BALCO prosecution team that secured an indictment against Barry Bonds on charges of perjury and obstruction of justice.

Bonds testified before a grand jury in 2003, and denied that he knowingly used performance-enhancing drugs.

Emery praised Clemens's lawyers, Rusty Hardin and Lanny Breuer, as knowledgeable, and said the prospect of a pardon was the only explanation that allowed the pitcher to repeat his denials under oath.

"It's the only reason lawyers worth their salt would allow their client to run into the buzz saw of Jeff Novitzky and the potential prosecution, tampering and lying to a federal official," Emery said.

Joe Householder, Clemens's spokesman, said he would attempt to reach Hardin or Breuer for comment.

Republicans on the committee did not immediately return telephone calls seeking comment.