U.S. District Judge Keith P. Ellison made the comment after a nearly two-hour hearing in which attorneys for both sides reiterated arguments they had already briefed in court filings over the last few months.

The issues before Ellison are whether or not he should throw out the lawsuit and if he doesn't, whether it should stay in Texas.

"I really have been agonizing over these claims," Ellison said.

Clemens sued Brian McNamee in January after the pitcher's former trainer told baseball investigator and former Senate Majority Leader George Mitchell that the seven-time Cy Young Award winner used steroids and human growth hormone.

Clemens' attorney, Joe Roden, said his client had agreed to drop one claim against McNamee, for intentional infliction of emotional distress, because it was covered in other parts of the lawsuit.

A 354-game winner, Clemens is under investigation by the FBI after denying McNamee's claims while under oath during a deposition and public testimony before a congressional committee.