NEW YORK – Brian McNamee asked a federal court late Tuesday to dismiss Roger Clemens' defamation lawsuit or move the case to New York.

Clemens, a seven-time Cy Young Award winner, sued McNamee in January after his former trainer accused him in the Mitchell Report of using steroids and human growth hormone. The case, originally filed in Texas state court, was moved to the U.S. District Court in Houston.

McNamee's lawyers first tried to dismiss the case in early March and when Clemens' lawyers responded on May 27, they added a new claim of “intentional infliction of emotional distress” and two additional claims of defamation.

In their latest filing, McNamee's lawyers said New York has the most interest in this lawsuit. McNamee claims no defamation took place.

“Mr. Clemens has so far pitched around Senator Mitchell, choosing not to sue him or Major League Baseball,” McNamee's lawyer said in the motion.

McNamee's lawyers also said that because of the Texas statute of limitations, Clemens can't claim he was defamed by comments the trainer made to teammate Andy Pettitte in 1999 or 2000, and 2003 or 2004.

“In the end, Mr. Clemens cannot prevail because Mr. McNamee has the absolute defense of truth,” McNamee's lawyers said. “Mr. McNamee has provided steroid paraphernalia, which will test positive for Clemens's DNA, to the federal government, and once the DNA results are revealed there will be little dispute about who is telling the truth.”