He'll absolutely have an appeal, but there's no way it goes anywhere. I can't see an Appellate Judge ruling that the trial judge abused his discretion there.

Hardin, seeing a meal ticket, and Clemens, being filthy damn rich, will likely try to make a Constitutional question of it and get it to the SCOTUS, but I don't see it getting cert either.

I think he'll end up in a second trial but I also think he'll likely be acquitted; these are very hard cases to make.

The trial judge is the one who corralled the prosecution. Given that, I don't see why he'd have any reason to allow the gov't to continue on with the case. But you may be right. He may hold it against the specific prosecutor and not the entire case.

No mistrial for Rocket

http://ibnlive.in.com/generalnewsfee...se/810284.html

He has to face another trial, barring appeal. The judge's ruling is a curious one, though, if the ESPN quote is accurate, because he claims that current law doesn't allow him to throw out the indictment.

Gotta figure Clemens will file the expedited appeal.

Shocking...

IMO Clemens is harmless to society as a whole and his punishment will be probably be not getting into the HOF during his lifetime. I think the gov't has better ways to spend money it doesn't have than retrying him.

In all honesty, I've always been in favor of absolutely blasting people for provable perjury.

You can't have a functioning legal system if you can't get people to provide truthful testimony. Lying under oath can have the effect of costing people millions of dollars, if not their livelihoods or freedom.

In many cases, actionable perjury is more damaging than outright theft.

In this particular instance, his conduct was likely harmless. However, if the legal system makes it very clear to all that it will hammer your ass for lying under oath, perhaps it will discourage the practice.

Perjury trials, especially public ones, aren't as much about punishing the defendant as they are protecting the legal system by setting an example.