[Congressional Record Volume 158, Number 27 (Friday, February 17, 2012)]
[House]
[Page H928]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   DIRECTING THE CLERK TO PROVIDE AUDIO BACKUP FILE OF DEPOSITION OF 
                           WILLIAM R. CLEMENS

  Mr. DREIER. Mr. Speaker, I send to the desk a resolution (H. Res. 
558) directing the Clerk of the House of Representatives to provide a 
copy of the on-the-record portions of the audio backup file of the 
deposition of William R. Clemens that was conducted by the Committee on 
Oversight and Government Reform on February 5, 2008, to the prosecuting 
attorneys in the case of United States of America v. Clemens, No. 1:10-
cr-00223-RBW (D.D.C.), and ask unanimous consent for its immediate 
consideration in the House.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The text of the resolution is as follows:

                              H. Res. 558

       Whereas on February 5, 2008, William R. Clemens voluntarily 
     appeared in Washington, DC and was deposed by the Committee 
     on Oversight and Government Reform of the House of 
     Representatives in connection with that Committee's 
     investigation into the use of steroids and other performance-
     enhancing substances in professional sports, and in Major 
     League Baseball in particular;
       Whereas the written transcript of Mr. Clemens' deposition, 
     prepared by the Official Reporters of the House, with an 
     Errata Sheet prepared by Mr. Clemens' counsel included as an 
     Appendix, is the official House record of that proceeding;
       Whereas this deposition and Mr. Clemens' public appearance 
     before the Committee on Oversight and Government Reform on 
     February 13, 2008, raised significant questions about Mr. 
     Clemens' truthfulness, as a result of which the then Chair 
     and ranking minority member jointly requested, on or about 
     February 27, 2008, that the Department of Justice investigate 
     whether Mr. Clemens committed perjury or knowingly made false 
     statements in the course of the deposition or his February 
     13, 2008 public appearance;
       Whereas the Department of Justice did in fact investigate 
     whether Mr. Clemens committed perjury or knowingly made false 
     statements in the course of his February 5, 2008 deposition 
     and/or his February 13, 2008 public appearance before the 
     Committee;
       Whereas as a result of the Department of Justice's 
     investigation, Mr. Clemens subsequently was indicted by a 
     grand jury on one count of obstruction of Congress in 
     violation of sections 1505 and 1515(b) of title 18, United 
     States Code, 3 counts of making false statements in violation 
     of sections 1001(a)(2) and (c)(2) of title 18, United States 
     Code, and 2 counts of perjury in violation of section 1621(1) 
     of title 18, United States Code;
       Whereas the Department of Justice has requested via letter 
     that the House voluntarily provide to it a copy of the on-
     the-record portions of an audio backup file of Mr. Clemens' 
     deposition;
       Whereas by the privileges and rights of the House of 
     Representatives, an audio backup file of Mr. Clemens' 
     deposition may not be taken from the possession or control of 
     the Clerk of the House of Representatives by mandate of 
     process of the article III courts of the United States, and 
     may not be provided pursuant to requests by the court or the 
     parties to United States of America v. Clemens except at the 
     direction of the House; and
       Whereas it is the judgment of the House of Representatives 
     that, in the particular circumstances of this case, providing 
     a copy of the on-the-record portions of an audio backup file 
     of Mr. Clemens' deposition to the prosecuting attorneys in 
     the case of United States v. Clemens would promote the ends 
     of justice in a manner consistent with the privileges and 
     rights of the House: Now, therefore, be it
       Resolved, That the House of Representatives directs the 
     Clerk of the House to provide for use at trial a copy of the 
     on-the-record portions of the audio backup file of the 
     deposition of William R. Clemens that was conducted by the 
     Committee on Oversight and Government Reform on February 5, 
     2008, to the prosecuting attorneys in the case of United 
     States of America v. Clemens, No. 1:10-cr-00223-RBW (D.D.C.).

  The resolution was agreed to.
  A motion to reconsider was laid on the table.

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