Grand jury investigating Clemens' testimony to Congress

Since the referral by Congress, federal investigators have been probing Clemens' past.

Shaun Kelley, owner of a Houston training center, said he had taken a polygraph test for FBI investigators John Longmire and Heather Young in April and that he had denied meeting Clemens or providing the pitcher or any of the pitcher's associates with illegal substances. Kelley said he employed Clemens' stepsister Bonnie Owens for about a year.

Kelley said neither he nor his lawyers had been contacted by the grand jury.

"It is just not fair for me, because they just come down here and throw me under the bus, and I lose half-a-million of business," Kelly said Monday in a telephone interview.

"I know in my heart I passed it," he said of the polygraph, "but the FBI is not known for admitting their mistakes."

Rep. Henry Waxman, the California Democrat who chaired the House committee that heard the testimony of Clemens and McNamee last year, declined to comment.

It was Waxman's Feb. 27 memo that outlined the reasons the panel asked the Justice Department to investigate Clemens, summarizing "seven sets of assertions made by Mr. Clemens in his testimony that appear to be contradicted by other evidence before the committee or implausible."

Those areas involve Clemens' testimony that he has "never taken steroids or HGH;" that McNamee injected him with the painkiller lidocaine; that team trainers gave him pain injections; that he received many vitamin B-12 injections; that he never discussed HGH with McNamee; that he was not at then-teammate Jose Canseco's home from June 8-10, 1998, when their Toronto Blue Jays played a series at the Florida Marlins; and that he was "never told" about Mitchell's request to speak to Clemens before issuing the report containing McNamee's allegations.

The investigation could pose an interesting ethics puzzle for President-elect Barack Obama's incoming team at the Justice Department.

Lawyer Lanny Breuer is expected to be announced any day as Obama's pick to lead the department's criminal division. Breuer was hired by Clemens last year as he prepared for the congressional investigation that has now resulted in a criminal investigation.

When he was hired in January 2008, Breuer said he was "honored" to join the legal team "representing one of the greatest pitchers and athletes in history."