The United States Anti-Doping Agency (USADA) mission statement is clear: “USADA is dedicated to preserving the integrity of competition, inspiring true sport, and protecting the rights of U.S. athletes.” http://www.usada.org/files/pdfs/press-kit.pdf.
Yes, USADA is funded with your tax dollars, “74% from the federal government and 26% from the USOC” in 2009. Id. But, the argument that USADA is somehow mismanaging or wasting those funds by investigating Lance Armstrong is logically incoherent. Their stated purpose is to preserve the integrity of competition. That is exactly what they are doing.
Is it the course of action opposite to that which they have undertaken which would demonstrate a waste of almighty tax dollars – if they failed to adhere to their stated purpose and ignored evidence of doping. Then, my friends, then you would have an argument.
The U.S. Anti-Doping Agency brought formal doping charges against former cyclist Lance Armstrong in an action that could cost him his seven Tour de France titles, according to a letter sent to Armstrong and several others Tuesday.
As a result of the formal charges, Armstrong has been immediately banned from competition in triathlons, a sport he took up after his retirement from cycling in 2011.
In the 15-page charging letter obtained by The Post, USADA made previously unpublicized allegations against Armstrong, alleging it collected blood samples from Armstrong in 2009 and 2010 that were “fully consistent with blood manipulation including EPO use and/or blood transfusions.” Armstrong has never tested positive.
. . .
USADA’s letter, dated June 12, further alleges that Armstrong and five former cycling team associates — three doctors including the famous Italian physician Michele Ferrari, one trainer and team manager Johan Bruyneel— engaged in a massive doping conspiracy from 1998-2011, and that “the witnesses to the conduct described in this letter include more than ten (10) cyclists …”
The letter specifically alleges that Armstrong used EPO, blood transfusions, testosterone, corticosteroids and masking agents and that he distributed and administered drugs to others. http://www.washingtonpost.com. (All hyperlinks will be shortened hereinafter.)
First, a little background:
USADA is the quasi-government agency that oversees anti-doping in Olympic sports in the United States. It is empowered to bring charges that could lead to suspension from competition and the rescinding of awards. It does not have authority to bring criminal charges. Id.
So far, so good, right? They can suspend an athlete from competition, but they can’t throw you in jail or otherwise impose any criminal sanction against the accused.
Two points are important here. First, the evidentiary standard (or legal burden of proof) employed by USADA is lower than the standard in a criminal matter. Whether that is a good or bad thing, it should come as no surprise, depends a whole lot on one’s perspective. See http://www.utexas.edu/…dawer08.pdf, http://heinonline.org/…journals, and https://litigation-essentials.lexisnexis.com/….
The Anti-Doping Organization shall have the burden of establishing that an anti-doping rule violation has occurred. The standard of proof shall be whether the Anti-Doping Organization has established an antidoping rule violation to the comfortable satisfaction of the hearing panel bearing in mind the seriousness of the allegation which is made. This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt. http://www.usada.org/files/pdfs/usoc-policies.pdf. (Page 4.)
Second, remember that federal probe that was dropped?
The federal probe had been headed by Food and Drug Administration agent Jeff Novitzky, who had previously led steroid-use inquiries that ensnared baseball’s Barry Bonds, Olympic runner Marion Jones and world-champion boxer Shane Mosley, among others.
The grand jury, which began its inquiry around May 2010, heard testimony from a number of Armstrong associates and teammates, including former teammate Yaroslav Popovych, exercise physiologist Allen Lim, Olympic medalist Tyler Hamilton and longtime liaison Stephanie McIlvain.
. . .
Despite the end of the criminal probe, the U.S. Anti-Doping Agency said in a statement that it would continue its own investigation into the use of banned substances in cycling.http://articles.latimes.com/2012/feb/04/….
Any of that evidence collected by Noviszky which may been found inadmissible at trail is probably going to be admissible here because the Federal Rules of Evidence do not apply. Rather, the less stringent AAA Supplementary Procedures is followed in such matters. (I’d love to provide a cite for this assertion, but I’ll be damned if I can come up with something that is worth your time reading.)
Adjudication
USADA has developed and instituted an adjudication program that is fair and credible when an athlete is found to be in violation of anti-doping rules and regulations. USADA’s adjudication process relies on an American Arbitration Association (AAA)/Court of Arbitration for Sport (CAS) arbitrated hearing under modified AAA Commercial Rules. http://www.usantidoping.org/adjudication.
Also, the sealed testimony from the Grand Jury may be obtained if USADA can make an adequate legal basis. “By law, such testimony usually remains sealed unless it is admitted as evidence in a case generated by the grand jury indictment.” http://articles.latimes.com/2004/jul/10/….
Whether or not USADA can make such a showing, I really have no idea. But, the point is this: it is in play, and it is damning.
I do not see this ending well for our Mr. Armstrong.
As an aside, if any or all of Armstrong’s Tour titles are stripped, who in the hell can they rightfully call the winner? The top five is a who’s who of the disgraced and implicated in professional cycling. Can anyone say Jan Ullrich won the Tour? It is a question worth answering.
Update: The relevant USADA document regarding the formal action against the accused in available in pdf form. http://www.scribd.com/doc/97022278/USADA-v-Armstrong-et-al.
guest, don’t take it personal. bgw has more fucking issues than TV Guide. He comes here to work ’em oot, eh, because therapy is-well, you know…
@guest, there is only room for one joetheelectrician. Joe, keep up your crabby ass antics and hopefully you’ll fall into a ditch you dug all day.
guest: We are not aware of anybody making false allegations against anyone under oath in the history of Doping or anything else for that matter. If you are aware of such precedence please post proof and link here
…so joethefuckingclown is now giving advice to people in order to take a few digs at me…that would be hilarious if it wasn’t so fucking sad…
…looking for an ally, joe ???…
Guest, assumptions on your part as well. Lance was more of a dick pre Cancer Jesus status then he is now. LAF was b/c of my father’s first bout with cancer. I was invited to attend the FFF dinner by a mutual friend. Facts are that if anything pointed out in the ppt presentation is true then there is a big issue with the whole testing protocol i.e. reasonable doubt. This was before the blood passport. Floyd gambled on the carbon isotope test and it showed he had synthetic Test in his system. Turns out they did not catch all the other shit in his system and the LNDD was tipped off when to test him. EPIC FAIL. Either way, I am glad that it is all getting torn down for future riders like my kid.
It is easy to play REMF when you do not know the parties involved. I am sure if you are a fan of cycling it would be almost impossible to have a favorite in the last 20-30 years that was not juiced to the gills. But you are right, a lot of assumptions by me and I don’t know you.
http://en.wikipedia.org/wiki/Argument_from_ignorance
FIRE SALE ! Mellow Johnny’s T shirts 70% off! 10% off for each Tour Title that will be stripped!! You like apples @juanpelota ?
@105, that is almost a conversation, only one or two jabs and just one instance of name calling.
“Lance was more of a dick pre Cancer Jesus status then he is now.”…not my issue, if that means something to you or other, so be it.
This however:
“ppt presentation is true then there is a big issue with the whole testing protocol i.e. reasonable doubt.”
You seem to be claiming to have knowledge based on information in a ppt slide deck presented by fraudsters and charlatans. This again help explain poor judgement. They were liars and cheats, you didn’t gain knowledge, you were indoctrinated. Sorry, no easy or gentle way to say that. They made you a victim and like a good victim you stand here today and try to defend what happened.
Also, gambled == cheated…end of story.
“… impossible to have a favorite in the last 20-30 years that was not juiced to the gills.”
Sorry, tinfoil and absurdity designed to make you feel better. It was harder in the last 12-15 years for sure, but not impossible.
Here’s something! WE AGREE:
“Either way, I am glad that it is all getting torn down for future riders like my kid.”
@107 Guest, I am glad you are for cleaning up the sport for the future. Most of us on this site are.
I was reading your posts and was wondering if you could let us know the name of the meds you take that allow you to maintain such a high degree of judgemental self rightousness while simultaneously projecting self loathing. Casting condescending judgement on the thoughts and feelings of others such as “absurd” ,”tinfoil”, and “victim” must make you feel real good about yourself. It must also hide a lot of insecurity. Based on what you write, you must be a passive – agressive bundle of joy to be around.
Out of my own curiosity, you say it was easy to sniff Floyd and LA out, anyone who did not was a “victim” yet fail to mention these pro cyclists from the last 12-15 years that you are a fan of and you know have never doped? So who are they, or do you just use a magic 8 ball on who to believe and when?
….last word
Humpty,
Getting people to donate money by lying to them is a scam and/or a fraud and most likely a crime, hence if you donated to FFF you are a victim of a scam, fraud and/or a crime. Get it?
Absurd and tinfoil referring to lumping all cyclists for 30 years as cheaters is my opinion and I feel quite accurate. I believe the big money systematic doping programs are a more recent phenomena. We’re not talking speed and weed anymore.
To your last paragraph, none of your business, it was never the subject. I will say I have no need to pick a favorite every year and at the height of the bullshit I didn’t even watch the Tour for several seasons.
Well I been trying to stay outta this spandex-clad pissing match, but I just got this to say about that:
I just went for a cold, wet, muddy mountain bike ride (still madly in love with the new hardtail 29er) and I didn’t dope.
Wait, define “dope.” Oh never mind. safety first, brothers and sisters.
Guest,
You seem to have changed your tone from mocking someone for admitting they donated to FFF to now coming off like you understand they were lied to. so maybe you acknowledge it was judgmental at best. baby steps..
Thanks for the lesson on doping but big $ systematic doping programs started in the early 90’s, easily 20 years ago. one could even argue they started in the 80″s as far back as the ’84 Olympics. Thanks Eddie B
I don’t feel he lumped ALL cyclists in as dopers, if you weren’t so quick to judge and read; just the favorites. Again context. I don’t know a lot of fans that have pictures of their favorite Shacklee domestique from the early 90’s on their walls…. maybe they did not dope, but only you would know as you seem to have a gift for discerning a performance, any performance, from the last 30 years as dope free or not. Maybe those powers extend to the years you chose not to watch, I am sure b/c only you knew that all the cycling champs were on dope during the height of the sport in the US, you stood alone in defiance of unethical sport.
Based on what i have read I am sure you feel quite accurate on anything and everything you say. Easy to do when you never put anything out there that isn’t safe and as long as you feel that you control the conversation and/or it’s direction. Not sure what you are afraid of since all your posts are anonymous so it is okay to be a little vulnerable mmm-kay. We won’t judge….maybe disagree but not judge.
Humpty, you got played…
From your rants it seems like at some point you got some schooling on the subject, I’m not gonna split hairs with you on how many years it went on for. PED’s prior to the 90’s were nowhere near as effective as they became in the 90’s. They weren’t nearly worth the same investment and budgets were nowhere near the same. It became a team system.
My tone has changed from being repeatedly attacked. I didn’t realize you were so emotionally attached to the subject.
…last word as well.
…gee willikers, guest…gianni’s been busy what with law school, family matters & the occasional bike ride, gnomers working out some personal shit, you’re not into anything deetoo has to say, pl’ what’s her name is gone, so i’m sure as fuck glad you’re here with the new ‘guest manifesto’ ‘cuz frankly, babe, drunkcyclist could have lost direction without your erudition & input…
…i think most of us will gladly acquiesce to your deep & unequivocal knowledge of the sport especially considering all of us had the wool pulled over our eyes by those nasty dopers yet & obviously you were much too savvy…
…that makes you right & us wrong…certainly an excellent qualifier when we go to this ‘faceplant’ thingy you recommend…
…anyway, peace n’ love, hugs n’ kisses & a BIG positive thanks !!!…yer just fucking awesome !!!…
I reckon that it’s LJ returning from exile!
MAAAAAAATE !!
HOW THE FUCK ARE YA ?
How’s that pothole crusade going?
I love DC cause all the great vibes I feel when I read all the posts of new adventures. Great rides in amazing places with interesting people. Or silly rides on goofy bikes in our shitty little town(with great beer…lots!, and great friends). There is no doubt most of us share a common view of the human experience. I feel we live MUCH richer lives.(fukya we do) I am however, confounded and disappointed by the amount of hate being spewed here. Who gives a fuck about Lance Armstrong! (loved that Carlin clip) Please direct your passion elsewhere. Darfur, Tibet, or child molesters perhaps? It’s not funny. It’s not interesting. It’s a bit of a downer. No? Anyone?
I am a fan of LA. Watched him crush it on L’Alpe. Riding off-road when Beloki ate shit. Many great moments I don’t have to recount for you seasoned folk. I loved Tyler too. Riding the tour with a broken collarbone and winning a stage.(get the fuk otta here!) Floyd laying it down like I’ve never seen before, or since, on stage (17)?(most dramatic 3or4 hrs. of racing I ever seen) Then they get busted and it was LA’s fault. They’re gonna save cycling by telling how, they’re stronger will’d team leader pressured them into doping. Reminds me when Bassons(I think) told the press I’m the only one in the peleton who is clean. Or something to that affect. I thought it was funny and ballsy. Then, he was astonished that no one in the peleton wanted to ride with him. It was nieve, selfish, and affected no change.
For the last 10 yrs. My friend from down the block comes to my house and says “did ya here about Lance? He’s in big shit this time? Every time! I just say “no he’s not!” and let him explain to me how they’re gonna get him.
Never Happens!
Never Will!
What’s the best case scenario?
What did the Clemans ordeal accomplish?
Your not teaching the kids anything cause they don’t know shit about some 40yr old fossils and couldn’t give a shit.
You guys better go ride your bikes and report back with some funny, crazy, silly, drunken adventures. Or else!
Guest,
you are all over the place, just when I thought you would stick to something. If you are going to be condescending and judgmental, better stick to your guns up in here.
I find it ironic that you make judgmental comments and then in ultimate hypocrisy talk about being attacked after your “tinfoil” comments…ones that you make and then try to soften after you make them.
you played yourself….
@111 – Safety first, Mikey. Safety first.