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Patrick Howley takes Federal District Court Judge Reggie Walton to the woodshed for declaring a mistrial in the Roger Clemens perjury case:

Ever since February, when Judge Reggie Walton and his old friend Ken Griffey Sr. had a controversial, off-the-record about what a “good guy” Roger Clemens really is, insiders have been speculating as to when and how Walton will end the case in Clemens’ favor. Now we have our answer (and it only took him a couple days.)

I think Howley is being terribly unfair to Judge Walton. After all, it was Judge Walton who disclosed the conversation with Griffey, Sr. (with whom he grew up in Donora, Pennsylvania - which is also Stan Musial’s hometown) in open court. He stated that he cut short the conversation when Griffey, Sr. mentioned Clemens was a “good guy.” If the prosecution had an objection to Walton presiding then they could have filed a motion that Walton recuse himself from the case. They did not do so.

To the extent Judge Walton has a bias, one could make the case it would be against Clemens or at the very least against HGH and steroids. After all, he did serve under the first Bush Administration as the Associate Director of the Office of National Drug Control Policy.

Of course, I have had my doubts about the case against Clemens. As it was, the prosecution put forward a sloppy presentation. As Mark Kreidler of ESPN wrote today, “This just in: The federal government is terrible at this.” In which case, perhaps the federal government should stay out of it altogether.

View all comments (9) |

Occam's Tool| 7.14.11 @ 4:55PM

Perhaps defunding the DOJ AND funding Cowboy Poetry Readings would be a way for the Feds to go. It would certainly be a less objectionable waste of money than this case. I really hate lawyers.

Mark S. Devenow| 7.14.11 @ 8:50PM

I don't read any connection between a chance (duly disclosed) conversation, which did not draw any objections from the US Attorney's Office, and the declared mistrial. Judge Walton had good and sufficient grounds for effecting the only antidote to an attempted witness bolstering tactic by the government involving at least double (maybe triple if you count Congressman Cummings) hearsay.

Sometimes when the government errs in an egregious manner in the course of its presentation in trial , the ONLY effective remedy is to put an end to the prosecution. In this instance, particularly in light of the fact that a petit jury was sworn, that seems to be the ONLY sensible and condign endgame here.

I do not know - and could care less still - whether or not Roger Clemens took steroids or HGH or lied to Congress in the course of sworn testimony. I do know that every American has a stake n keeping government prosecuting authorities from overreaching in this manner. I hope on September 2d Walton calls the third strike on them.

frank| 7.14.11 @ 10:56PM

Clemens supposedly lied to Congress.

When will the DOJ go after Congress for lying to the people of this country about say, Social Security and Ponzi scheme it is based on?

Wayne | 7.14.11 @ 11:54PM

The government should not be excluding baseball from anti-trust laws.

Xavier| 7.15.11 @ 2:16AM

On the evidence that's publicly available, it's clear that Mr. Howley is not just "being terribly unfair to Judge Walton." His claim that "Judge Reggie Walton and his old friend Ken Griffey Sr. had a controversial, off-the-record about what a 'good guy' Roger Clemens really is" is a brazen lie. There is no evidence whatever that Judge Walton joined in that characterization of Mr. Clemens, and Mr. Howley's phrasing has the clear purpose of deceiving the reader in order to advance an agenda.

A careful editor would have caught the problem, of course, but that's not always possible in the blog format. That's unfortunate, since Mr. Howley clearly didn't learn basic standards of decency and integrity in his home or school.

weddingdress | 7.15.11 @ 4:57AM

When will the DOJ go after Congress for lying to the people of this country about say, Social Security and Ponzi scheme it is based on?

Timothy L. Pennell| 7.15.11 @ 6:59AM

When will the DOJ go after ERIC HOLDER, for RUNNING GUNS to the Mexican Drug Cartels?
Enough, already, with all this rope a dope sleight of hand. The LEFT is all about DISTRACTION. This case is a DISTRACTION.
HOLDER is the problem. OBAMA is the problem.
IMPEACHMENT is the answer.
Period.

james wilson| 7.15.11 @ 12:00PM

It's a crime that it is a crime to lie to Congress. Gasbag sociopathic narcissists. And their prosecutorial tools, who should be making ham sandwiches in Leavenworth, not indicting them.

yisong| 10.29.11 @ 2:11AM

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More Blog Posts by Aaron Goldstein

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