HOUSTON (Map, News) - A federal judge ruled Tuesday that pitcher Roger Clemens can keep his lawyer in the defamation lawsuit against his former trainer, who accused the pitcher of using performance-enhancing drugs.

Lawyers for Clemens' former trainer, Brian McNamee, filed a motion for attorney Rusty Hardin to be removed from the case because Hardin represented both Clemens and pitcher Andy Pettitte for several days before the release of the Mitchell Report in December.

McNamee said both Clemens and Pettitte used performance enhancing drugs. After the report's release, Pettitte admitted he used human growth hormone but Clemens has steadfastly denied using any performance-enhancing substances and in January filed a defamation suit against McNamee.

Pettitte later told congressional lawyers that Clemens informed him nearly a decade ago he had used HGH. Clemens claims Pettitte "misremembers."

McNamee's attorneys had argued that Hardin should be removed from the case because there could be a conflict of interest. In defending Clemens, Hardin could attack the credibility of Pettitte, his one-time client, or use privileged information against him, McNamee's attorneys said. Hardin denied those claims.

In a 13-page opinion, U.S. District Judge Keith P. Ellison ruled that since McNamee is not a former client of Hardin, he has no standing to ask for his disqualification. Only Pettitte would be able to make such a challenge and he has chosen not to at this time, Ellison wrote.

"The court is certain that today's decision will not shake the public's confidence in the legal system, especially since Pettitte can come forward to object to Hardin's representation himself if he is truly aggrieved," Ellison wrote.

Joe Roden, a lawyer at Hardin's law firm, called it a "thoughtful and well-reasoned opinion."

" We have always taken our ethical obligations to Andy Pettitte seriously and will continue to do so in the future," Roden said in a statement issued by spokesman Patrick Dorton.

Richard Emery, one of McNamee's lawyers, has repeatedly said Hardin was selecting legal strategies that were assisting McNamee's cause.

"Many people have told me that I was silly to file this motion because Rusty is my best friend. And now he's going to have a chance to prove his friendship," Emery said.

Jay Reisinger, Pettitte's lawyer, declined comment.

Ellison also gave Clemens' attorneys 20 days to respond to McNamee's motion to dismiss the lawsuit.

McNamee is arguing the lawsuit should be dismissed on grounds that his statements to baseball investigator George Mitchell were protected by "absolute immunity" through a deal McNamee struck with federal prosecutors.

A seven-time Cy Young Award winner and 354-game winner, Clemens is under investigation by the FBI after denying McNamee's claims while under oath during a deposition and public testimony before a congressional committee.

The Daily News reported last week that Clemens had a decade-long relationship with country star Mindy McCready that began when she was 15 and an aspiring singer. The newspaper also linked him to former Manhattan bartender Angela Moyer and Paulette Dean Daly, a former wife of champion golfer John Daly.

On Monday, Clemens apologized for unspecified mistakes in his personal life.

Clemens denied having an affair with a 15-year-old but didn't specifically address whether he had a romance with McCready.

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AP Baseball Writer Ronald Blum in New York contributed to this report.

Comments from Examiner Readers

11:12 AM MST on Wed., Feb. 27, 2008 re: "Committee asks Justice Department to investigate Clemens"

Examiner Reader said:
if baseball players took these drugs they should pay the same price the olympic playerrs did .

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10:54 AM MST on Wed., Feb. 27, 2008 re: "Congress to Ask for Probe of Clemens"

West Coast Liberal said:
I am not surprised at the expertise and passion about honesty in sports. Too bad we give a pass to Bush, Cheney,Powell, Gonzales and Co for the wars they start with lies and deception.1,000,000 xs as bad as Barry Bonds. If Clemens was a republican, would the Roberts court pardon him to protect proprietary rights of MLB.

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6:18 AM MST on Wed., Feb. 27, 2008 re: "Clemens Decision May Come by End of Week"

Examiner Reader said:
Bonds, Clemens and the lot perjured themselves and should pay the price like the average guy would if he lied under oath in court. But then again we do have separate rules for the rich and famous. Money and a good lawyer can buy you out of anything, right OJ?

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6:46 AM MST on Thu., Feb. 14, 2008 re: "Clemens takes lumps on Capitol Hill: 'You're 1 of my heroes. But it's hard to believe'"

richard f said:
Mr. Cummings make sure you call in Barry Bonds.I think you have race issues and you pick your public glory battles.And thanks for wasting my taxes on something MLB should be handling.You have crime problems right here in Md. and you're more concerned with Clemens.This is all in the past and there's nothing you can do but charge Clemens with lieing and what is that going to prove.Now MLB can screen these players and maybe just maybe you can do the job we pay you to do.........Md. issues

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4:42 AM MST on Thu., Feb. 14, 2008 re: "Clemens Takes His Lumps on Capitol Hill"

Examiner Reader said:
Clemens thinks we're all dopes. I think he should take some pills for being stupid. Adios baseball.

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2:37 PM MST on Wed., Feb. 13, 2008 re: "Clemens pressed by Congress, denies accusations"

Mark said:
The bottom line is what business is this of Congress' in the 1st place ? Our taxpayer money being spent so a bunch of Congressmen can mug for the media coverage. MLB commissioner should take care of this himself. His salary is not paid by the taxpayer.

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12:30 PM MST on Tue., Jan. 8, 2008 re: "McNamee Says He'd Go to Jail for Clemens"

Examiner Reader said:
100 times worst than Barry

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5:26 AM MST on Tue., Jan. 8, 2008 re: "McNamee Says He'd Go to Jail for Clemens"

avid reader said:
The problem is that both of these jerks are guilty and they both should go to jail for telling so many lies.

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5:32 PM MST on Mon., Jan. 7, 2008 re: "McNamee Says He'd Go to Jail for Clemens"

Bully4U-Clemens said:
So who would believe it if McNamee recants his story now that Roger Clemens has called him on the phone and told him to "tell the truth"?

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3:42 PM MST on Mon., Jan. 7, 2008 re: "Clemens Sues His Accuser for Defamation"

Examiner Reader said:
Clemens will go to Congress and tell them that because of the pending litigation, he will not be able to testify before congress. No fifth amendment. this was his only option to get out of testifying.

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12:59 PM MST on Fri., Jan. 4, 2008 re: "Clemens Says He Took B-12 Injection"

Examiner Reader said:
Clemens is creating an alibi that he thought it was B-12.

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12:16 PM MST on Fri., Jan. 4, 2008 re: "Clemens Says He Took B-12 Injection"

Tony said:
It was probably the same B12 that Palmerio got from Tejada.

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10:53 AM MST on Fri., Jan. 4, 2008 re: "Clemens Says He Took B-12 Injection"

Examiner Reader said:
But Clemens swore to Mike Wallace.....you can't beat that unless you pinkie swear and stick a needle in your eye if you lie........I'm good....

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10:52 AM MST on Fri., Jan. 4, 2008 re: "Clemens Says He Took B-12 Injection"

Examiner Reader said:
Yea right and clinton did not inhale.

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