Judge tells Clemens for second time that McNamee didn't defame him

July 1, 7:44 AMSports ExaminerPaula Duffy

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The judge that dismissed the guts of Roger Clemens' lawsuit against Brian McNamee has reaffirmed his decision.

The New York Daily News reported that U. S. District Court Judge, Keith Ellison's opinion made it plain that Clemens was done barking up what the judge believes is the wrong tree while looking for redress from his former trainer.

In his original opinion, Ellison informed Clemens that his allegations of defamation would not stand because the behavior complained about was covered by privilege. Original story about first ruling, here.

Clemens has repeatedly argued that McNamee's statements to the members of former Senator George Mitchell's investigative panel were slanderous. The specific statements as we know allege that Clemens was injected by McNamee with HGH and steroids.

The judge has reiterated his original ruling that McNamee was cooperating with federal authorities who more than suggested that he speak with the MLB investigators in order to avoid federal prosecution. Following those orders the former trainer gave his testimony in private and then in public during a Congressional hearing. Clemens can still allege that McNamee's statements to former teammate, Andy Pettite are actionable.

Clemens lost more than his ability to slap McNamee with damages. He opened the door to McNamee's revenge. An attorney representing McNamee has promised that he will file a defamation suit against Clemens.

On the criminal side of the ledger, Clemens is still waiting for the results of the grand jury investigation into whether he lied to Congress when he denied ever using banned substances.