Anyone else wonder if Clemensitis is contagious?

In response to the potential of Roger Clemens facing perjury charges, Rusty Hardin, Clemens's attorney, stated, "These matters are now going to be decided in court and by the ultimate lie detector -- a jury. I am comfortable that when a jury hears this case ... they will conclude that Roger did not use steroids or growth hormone and he is telling the truth and that McNamee's allegations are totally false." (See the Boston Globe story here.) So, let's recap...Clemens may have lied to a House committee. He may be brought up on perjury charges that carry the potential of jail time. The trial will turn on whether, beyond a reasonable doubt, Clemens knowingly mislead investigator and the House Committee while under oath. And, yet, Clemens's attorney expects to get a verdict on whether Clemens used performance enhancing drugs. Sure, I suppose the jury will simply explain to the judge that they decided to ignore their instructions, the relevant charges against Clemens, and the burden of proof. Instead, they will render a decision that says that Roger Clemens never ever used performance enhancing drugs. To steal a line from A Few Good Men, perhaps Mr. Hardin was sick the day they taught law at law school.

I understand that Hardin is waging a two-front battle: a public relations campaign and a legal dispute. But, perhaps Mr. Hardin has spent too much time around his client and developed Clemensitis (the inability of the mind to ground claims in reality and the belief that no one will notice). Adopting Clemensitis as a legal strategy will not going to do much for your client. It is time for Team Clemens to drop the hyperbole and begin to take seriously what is at stake. Clemens's reputation is already in the tank. His liberty may follow. Clemens should do himself a favor and hire someone who is less concerned with the public relations campaign and more about keeping their client out of jail.