Waste of time

Contrary to some characterizations, most potential jurors are not ill-informed shut-ins. And that fact has been on display during jury selection in the retrial of former baseball star Roger Clemens.

Mr. Clemens faces prison time on charges that he misled a House committee during an investigation on steroid use in sports. (Apparently, lying to Congress is OK only if you’re a member of Congress.) His first trial ended in a mistrial last year when prosecutors introduced evidence the judge had previously ruled inadmissible.

But as the government tries again, several potential jurors – according to The Associated Press – have described this charade as a waste of money and questioned whether Congress should have delved into the issue in the first place.

Of the 13 jurors screened on Monday, at least five expressed concerns about the proceedings.

“At the time, I remember thinking it didn’t seem to be a great use of taxpayer money,” one prospective juror said of the congressional hearings. Another noted, “I don’t know if that’s the best use of government tax dollars at this time.” A third said Congress spent “too much time” on the probe.

None of this should be of any surprise to the government. After prosecutors botched the first trial – they were only two witnesses in when the judge called a halt – some jurors on that panel said a retrial would be a waste of money. And on Monday, the presiding judge acknowledged that some people question why the government is going after Mr. Clemens when “we have some significant problems in this country that are not being addressed by this Congress.”

To say the least.

Nobody condones lying in a judicial proceeding. But the congressional hearings in question were a farce, designed for the TV cameras and intended to gin up attention for publicity hungry lawmakers. Mr. Clemens impeded no active criminal investigation with his testimony and concrete evidence on the issue of whether he deliberately lied remains elusive, at best. Surely, the government has more pressing priorities on which to focus its limited resources.

Federal prosecutors spent years and millions of dollars chasing Barry Bonds, only to embarrass themselves. They risk the same thing in this case. And it’s heartening that several potential jurors understand exactly what’s going on.