McNamee’s lawyer predicts Clemens inquiry

NEW YORK -- One of Brian McNamee’s lawyers said Sunday he believed the Justice Department will open a criminal investigation into Roger Clemens’ denials of doping.

Meantime, the chairman of a congressional committee said comments attributed to one of the pitcher’s lawyers could be interpreted as trying to intimidate a law enforcement official.

Clemens and McNamee, the former personal trainer to the seven-time Cy Young Award winner, gave depositions last week to staff lawyers of the House Committee on Oversight and Government Reform.

“I think there will be a criminal prosecution after Wednesday, and that means there will be grand jury proceedings and subsequent proceedings,” said Richard Emery, one of McNamee’s attorneys.

Rusty Hardin, Clemens’ lead lawyer, did not immediately respond to messages seeking comment.

McNamee says he injected Clemens with steroids and human growth hormone at least 16 times in 1998, 2000 and 2001, accusations Clemens has denied. Both are set to testify Wednesday on Capitol Hill.

Hardin was quoted in Sunday’s New York Times as saying it would be “brazen” and “unbelievable” if IRS Special Agent Jeff Novitzky, a key prosecutor in the BALCO drug cases, attends the hearing.

“If he ever messes with Roger, Roger will eat his lunch,” Hardin was quoted as saying.

Rep. Henry A. Waxman (D-Beverly Hills), the committee chairman, wrote Hardin on Sunday saying some comments by Hardin and McNamee’s lawyers were “inadvisable.”

“I do not know your intent in making this statement, but under one interpretation it can be seen an attempt to intimidate a federal law enforcement official in the performance of his official duties,” Waxman wrote.