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Committee Deposition of Brian Mcnamee

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Committee Deposition of Brian Mcnamee 1 RPTS MERCHANT DCMN BURRELL COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM, U.S. HOUSE OF REPRESENTATIVES, WASHINGTON, D.C. DEPOSITION OF: BRIAN JEROME MCNAMEE, SR. Thursday, February 7, 2008 Washington, D.C. The deposition in the above matter was held at 2157 Lounge, Rayburn House Office Building, commencing at 9:43 2 a.m. 3 Appearances: For COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM: MICHAEL GORDON, MAJORITY SENIOR INVESTIGATIVE COUNSEL PHIL S. BARNETT, MAJORITY STAFF DIRECTOR BRIAN COHEN, MAJORITY SENIOR INVESTIGATOR/POLICY ADVISER PHILIP M. SCHILIRO, MAJORITY CHIEF OF STAFF STEVEN G. GLICKMAN, MAJORITY COUNSEL J. KEITH AUSBROOK, MINORITY GENERAL COUNSEL STEPHEN R. CASTOR, MINORITY COUNSEL JENNIFER SAFAVIAN, MINORITY CHIEF COUNSEL, OVERSIGHT & INVESTIGATIONS For MR. McNAMEE MARK R. PAOLETTA, ESQ. DICKSTEIN SHAPIRO 1825 EYE STREET NW WASHINGTON, D.C. 20006-5403 4 EARL S. WARD, ATTORNEY AT LAW 75 ROCKEFELLER PLAZA, 20TH FLOOR NEW YORK, NEW YORK 10019 RICHARD D. EMERY, ATTORNEY AT LAW DEBBIE GREENBERGER, ATTORNEY EMERY CELLI BRINCKERHOFF & ABADY LLP 75 ROCKEFELLER PLAZA NEW YORK, NEW YORK 10019 5 Mr. Gordon. Good morning, Mr. McNamee. Mr. McNamee. Good morning. Mr. Gordon. This deposition is being conducted by the House Committee on Oversight and Government Reform. It is part of the committee's investigation into the illegal use of performance enhancing substances by Major League Baseball players. Mr. McNamee, thank you for joining us today. Would you mind stating your full name for the record. Mr. McNamee. Brian Jerome McNamee, Sr. Mr. Gordon. The person transcribing this deposition is a House reporter and a notary republic authorized to administer oaths, and she will now place you under oath. [Witness sworn.] Mr. Gordon. My name is Michael Gordon, and I've been designated as majority counsel for this deposition. I'm accompanied by several members of the majority staff and I'll ask them to introduce themselves. Mr. Barnett. Phil Barnett. Mr. Schiliro. Phil Schiliro. Mr. Glickman. Steve Glickman. Mr. Gordon. And would minority staff please identify yourselves? 6 Mr. Castor. Steve Castor with the Republican staff. I'm also here with my colleague Jennifer Safavian, who stepped out of the room briefly, but she'll be back. Mr. Ausbrook. And Keith Ausbrook. Mr. Cohen. Brian Cohen with the majority staff of the Committee. Mr. Gordon. Mr. McNamee, on behalf of the committee -- The Witness. Can you guys refer to me as Brian or Mac? I would feel more for comfortable instead of Mr. McNamee. Mr. Gordon. I will try to do that. Brian, on behalf of the committee, thank you for appearing voluntarily for this deposition. We know it's not an easy thing to testify before Congress, but we want you to know that we appreciate all your efforts to cooperate with this committee. I'm assuming this is the first time you've ever appeared for a deposition before Congress, is that right? The Witness. Yes. Mr. Gordon. And I think before we begin with the questioning I'll review some of the standard procedures so you know what to expect. And after I do that you'll have an opportunity, if you want to take it, to make a statement before we begin with the questions. The Witness. Okay. Mr. Gordon. First, I would like to make a comment about note taking by attorneys who are present today. 7 Attorneys are of course free to take notes during the a deposition, but we request that no computers or electronic devices be used to record or transcribe the deposition. The questioning will go as follows. I will ask you questions for up to an hour, maybe less. And when I'm finished minority counsel will have an opportunity to do the same thing. They will question you for up to an hour. And if there are any additional questions after that we'll just alternate back and forth until we're done. The reporter will be taking down everything that's said and will make a written record of the deposition, so you need to give verbal, audible answers rather than a nod or a gesture. Is that clear? The Witness. Yes. Mr. Gordon. Also, in order for the record to be clear I will try to wait to ask my question until you've answered the previous question and I would ask you to wait to answer until the question is complete. The Witness. Okay. Mr. Gordon. If you don't hear a question or don't understand a question, please say so and we'll rephrase it or repeat it. The Witness. Okay. Mr. Gordon. It's very important that you understand the question so let us know if you don't. If I ask you 8 about a conversation or event in the past and you can't recall the exact words or details, you should just testify to the substance of the conversation or the event to the best of your recollection. If you only recall part of the conversation or event you should give your best recollection about the part that you do recall. Is that fair? The Witness. Sure. Mr. Gordon. Because you've been placed under oath your testimony here today has the same force and effect as if you were testifying before the committee. If you knowingly provide false testimony, you could be subject to a criminal prosecution for perjury making false statements or other related offenses. Do you understand that? The Witness. Yes. Mr. Gordon. Is there any reason why you're unable to provide truthful answers during today's deposition? The Witness. Is there any reason why I can't provide truthful -- Mr. Gordon. Yeah, why you cannot provide truthful answers? The Witness. No, none whatsoever. Mr. Gordon. Under the committee rules you're allowed to have an attorney present. And I see that you are accompanied by some attorneys. I'll ask your attorneys to identify themselves for the record. 9 Mr. Ward. Earl Ward. Good morning. Mr. Emery. Richard Emery. Mr. Paoletta. Mark Paoletta. Ms. Greenberger. Debbie Greenberger. Mr. Gordon. Brian, do you have any questions for us before we get started? The Witness. No. Mr. Gordon. Would you like the opportunity to make a statement before we begin? The Witness. I'm just happy to be here and help with whatever you need. EXAMINATION BY MR. GORDON: Q As you know, the Mitchell Report contains a number of allegations regarding your involvement with anabolic steroids and HGH. I'm going to hand you a portion of the Mitchell Report that pertains to you and to certain baseball players, specifically Roger Clemens, Andy Pettitte and Chuck Knobloch. I'll give one to the court reporter to mark as Exhibit 1. [McNamee Exhibit No. 1 was marked for identification.] BY MR. GORDON: Q Exhibit 1 is specifically pages 167 through 177 of the Mitchell Report. Pages 167 to 175 relate to Roger 10 Clemens. Are you familiar with this section of the report? A I'm familiar, yes, I am, to the point where I -- I mean I recall what I told the Federal investigators and Senator Mitchell, so nothing has changed. Q Have you ever read these pages? A Not really. Q Well, let me ask you the question this way. Based on your understanding of what's in the Mitchell Report relating to your involvement with steroids and HGH and Roger Clemens, is the information in the report accurate? A Yes. Q Are you aware of anything -- at this point I would like to give you an opportunity to read these pages. Mr. Ward. If I can just confer with my client? Mr. Gordon. Sure. [Discussion off the Record.] The Witness. If I can go back to prior to the release of the report with the conference with Senator Mitchell and the Federal investigators, it was read to me what was my involvement and what was in the report. But they didn't tell me until after they said it was going to read just like that. I didn't really go back to the report and read it, so I was aware of it prior to release. BY MR. GORDON: Q I want to take a couple minutes then and let you 11 familiarize yourself with some of the key passages in this report. A Sure. Q If I could direct your attention to page 168. Mr. Paoletta. I would suggest maybe just take a break and have him read it right now. Mr. Emery. I would like it better if he directs him to sections of it. It works better. Mr. Gordon. I think it makes sense at this point to take a break, go off the record, and give you some time to just read through the portion of the report I've handed you. So we can go off the record. [Discussion off the Record.] BY MR. GORDON: Q Brian, have you had the chance to read Exhibit 1? A Yes. Q In a moment I'll ask you some more specific questions about particular statements in the exhibit, but for now I want to start with a more general question. Is the information in the Mitchell Report that you just read regarding your providing steroids and HGH to certain players accurate? A It's accurate, but it's not as accurate as far as the amounts to a degree. Q Do you mean -- 12 A Like the amounts of injections I believe were more, as far as my memory at the time, and then as this got -- you know I remembered more. But I would say everything is 100 percent accurate other than probably it was more times.
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