Much of the pre-news conference chatter among reporters focused on the defamation lawsuit that Clemens filed Sunday night against McNamee. In the suit, McNamee is quoted at length talking about his interview with federal investigators. McNamee says federal investigators told him he had "three strikes to go to jail" and they demanded information specifically regarding Clemens' use of steroids.
Clemens' suit uses the quote to suggest that McNamee was pressured by federal investigators to make untrue statements about Clemens, and goes on to say McNamee was pressured to reiterate the statements to former U.S. Senate Majority Leader
The most unexpected development in the news conference came when Clemens' team played a 17-minute tape of a phone conversation between Clemens and McNamee that occurred last Friday. On the tape, Clemens expresses his displeasure with the scrutiny he is undergoing, and tells McNamee that "I just don't know why you did it." McNamee, whose voice is breaking at times, repeatedly implores Clemens to "tell me what you want me to do ... you treated me better than anybody."
Emery said the defamation lawsuit that Clemens' lawyers filed and the news conference Monday have not yet persuaded him to file a defamation lawsuit on behalf of McNamee.
Emery had previously suggested that Clemens' defamation suit could be an attempt to avoid testifying before Congress on Jan. 16. According to Clemens on Monday, he will testify before Congress, and, said Hardin, "he will not hide behind the Fifth Amendment."
So, it appears likely that Clemens will testify under oath later this month and then perhaps again in a defamation lawsuit, if not in two defamation lawsuits. (McNamee's lawyers will continue to consider filing a defamation suit).
In what has became a crazy game of "he said/he said," it appears that both men will soon have put themselves on the line with statements (McNamee to federal investigators and Clemens to Congress) that, if false, could lead to criminal prosecution.