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McNamee also claims that he is immune from defamation because he made his comments to Mitchell at the behest of federal prosecutors.
In an interesting twist, McNamee said his statements weren't defamatory because he didn't accuse Clemens of doing anything wrong. He accused Clemens of using performance-enhancing drugs before players and owners agreed to ban them following the 2002 season.
"It is not per se contemptible or dishonest to be injected with steroids or HGH," McNamee's motion said. "Clemens is asking this court to infer that McNamee stated that Mr. Clemens cheated by knowingly using steroids and HGH to improve his pitching performance."
McNamee's motion also mentions that a divorce is pending with his wife and says that Clemens' former New York doorman could be called as a witness along with Angela Moyer, a bartender whom the Daily News linked to Clemens.
In an accompanying declaration, McNamee said he earned only about $3,000 between January and June.
Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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