Del Quentin Wilber reports on the Crime Scene blog:

The judge presiding over the trial of Roger Clemens expressed irritation at Congress for not providing prosecutors and defense lawyers with a 2008 audiotape of a deposition of the former star — but stopped short of ordering the House to turn the tape over.

U.S. District Judge Reggie B. Walton heard brief arguments regarding the deposition, conducted by House investigators, before beginning jury selection Wednesday.

The issue concerns whether the House needs to provide prosecutors and defense lawyers with a back-up audiotape of a deposition of Clemens before he testified before the House Oversight and Government Reform Committee, which was investigating the prevelance of steroids in baseball.

The House has has turned over its official transcript of the deposition. A stenographer created that transcript and used the backup audiotape to help prepare it.

Prosecutors had told defense lawyers last week that they thought they would also be able to obtain audio of the deposition, but House lawyers later balked at turning it over. They said the official record is the transcript.

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