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.
Sweet baby Jeebus, USADA might just be able to do the unthinkable here – turn Lance into a sympathetic figure.
@W you know there is one American stance that my girl pointed out I’m over looking. “Innocent until proven guilty!” That right there is where I’m falling short, in my argument. He has never been convicted or found guilty of cheating in anyway. So let him race, if he is ever found guilty then, lets strip him of his titles and not let him race. Doesn’t matter what we all think/know until someone can find him guilty. Which people will try until the day he dies.
Shut up and ride.
Jonny, I’m glad we got our own attorney to walk us through all this legal mambo jambo. At the same time, I’m saddened that we need one. But good looking out, and thanks.
@BGW It is all good, it was not just you and it takes a man to admit he was duped. I was duped by the man hard core to my face, and that is why I hate him so much. I was out marketing and volunteering for the foundation, getting him to sign books for friends with cancer and it was ALL Bullshit. His doping caused his cancer and he did it AGAIN out of greed and spite. Doubt me? look at his victory salute at ’93 worlds and tell me that ain’t ‘Roid face!
You guys want heroes? there are many that beat cancer worse than him that you can look up to that don’t lie. Just go visit your local Cancer Ward.
For those that say “don’t waste my tax dollars”. Think about all the TAX FREE trips Lance takes on Mellow Johnny Air LLC on charitable dollars that he pays ABSOLUTELY NO TAX on…to raise “AWARENESS”. I think we are all aware of cancer. Where is the fucking RESEARCH for a cure?
For those that say move on,it was 10 or 12 years ago here is an interesting perspective from my boy Tilly:
http://stevetilford.com/?p=20021
For those that believe Lance is not a narcissist and a do gooder?
Here is another from Neil Browne:
http://neilbrowne.com/2012/06/the-different-realities-to-the-armstrong-doping-charges/
For those that believe he has genetic talent,and never failed a test; Read this:
http://nyvelocity.com/content/interviews/2009/michael-ashenden
For those that say he is being picked on and the other dopers got away scott free…. Please remember that he was INVITED by USADA to testify to CLEAN UP THE SPORT and ONLY he refused out of the 10 that were asked to testify.
Make no mistake. Lance is and will go down as one of the biggest frauds in Sporting History. As he should. You want to cheat, then when you get caught you deserve the punishment. But when you cheat and play false hero to the people in the cancer community using a lie then that takes to another level.
…trying to make yourself look relevant ???…you’re the guy who always sez you don’t give a good goddamn about anything to do with racing ‘cuz you’re just gonna go out & ride your fixed gear…
bgw, go fuck yourself. And while you’re at it, go troll someplace else.
I’m sick of your shit, and anyone else who looks in here from time to time is too, if they’re honest with themselves. Seriously, if you can’t do better than the shit you’ve been spewing, we’re all better off without you. And I wish it were not so. Seriously and for real, at one time I’d have been proud to call you “friend”.
Ohyeah, bgw? Ever had a loved one to go through cancer? If not, STFU. If so, it probably serves you right.
…“…blah, blah, blah…” joe…
Blah blah blah your own fucking self, cocksucker. Do the world a favor and eat a fucking Glock.
…“…ohhh, ouch…”, joe…but again, i believe the correct response to your little tirade is “…blah, blah, blah…”…
Quite a few folks here need to go a few rounds with the Beast before stamping their little hooves and bleating their invective at “Cancer Jesus.” It’s possible to love the sport, hate what it’s become, and still retain a sense of perspective.
Joetheelectrician, I am gonna say what I think a lot of people are thinking.
Your routine is tired, annoying and getting old. I haven’t read a thought inducing post from you in forever.
Now go get on your fixed gear bicycle and ride off into the sunset.
You suck.
@62 I assume by the beast you mean cancer. I never call myself a cancer survivor but I am. Tends to run in my family. My mother died an ugly death from lung cancer and never once said that she wished she could meet Lance Armstrong to be inspired by his cancer raising awareness.
If I met “Cancer Jesus” tomorrow I’d tell that sorry piece of shit to his face that surviving a nasty disease no matter how dramatic is no free pass to act with impunity.
Here’s my cancer story. I got on a bus and went to the hospital. They cut the tumor out. I got back on the bus and went home. I survived. End of story.
I’m really sick of the cancer angle that all the survivors keep bringing up which shields Armstrong from the consequences of his actions. Find some inspiration elsewhere people.
Or just get back on the fucking bus. It worked for me.
If this is all old news, nobody cares, etc. etc…..Why does everyone take the time to comment?
People obviously have strong feelings about this, so just letting it all slide as part of a ‘dark period’ for cycling.
My favorite response is the “just ride your bike” non-sequitur.
Corned beef is delicious. I’ve been brining it at home for the last couple months and it’s been a delight. I make a nice Reuben sammy when I get back from rides, wash it down with Imperial IPA from the Maritime Pacific Brewery and thank my lucky stars I get so much joy outta these simple things in my life.
Though it’s beyond me why, I love to watch bike racing too. Still…
That’s nice.
@64 +1
Good on you mate.
Corned beef is cool, I do mine with a table spoon of brown sugar, slice & then cover in a horse radish, (home grown) & mustard sauce.
My late mother used to do it as salty as possible & then served it with mashed potatoes & white rice, mixed.
When I was old enough to query why we needed this double carbo bomb, she fixed me with a steely gaze & said, “because I like it”
No more questions mom.
Vlade for the win
Ahhhhhh. There’s no argument like a Lance Argument: “My cancer expericene is realer than your cancer experience.”
Chimay should never be used to celebrate another’s demise, however deservedly. There are rules, man.
Prefer the brisket smoked not corned. I’m down with the IPA.
If this crap keeps up they’ll eventually take cycling off TV.
…cap’n tony…“…surviving a nasty disease no matter how dramatic is no free pass to act with impunity…”…nice catch…& therein lies the crux…
…until recently, cancer jesus has been able to sell his shit to the non-cycling ‘survivor’ crowd all day, every day ‘cuz they only get fed the livestrong line…
…it’s different in the world of cycling, where it’s a given that the guy has been a dick for years albeit a dick with the ability to turn on the charm when needed…sound bite, photo op ???…comin’ right up…
…the guy is a product, a brand name, so yes, he has inspired people…
…& as a product, he was built to succeed & yup, he won 7 tours de france BUT as cap’n tony points out, that doesn’t give he or anyone else the right to act with impunity like it’s a god-given right…
…btw, cap’n…glad you made that 2nd bus…
Iketaylor,
Kindly disagree. I cracked that Chimay and watched the Nightline and other Lance media stories with a shit eating grin on my face.
I raised my Chimay glass to Mike Anderson. Emma O’Reilly. Paul Kimmage. Betsy Andreau. Greg Lemond. People that have faced the wrath of Lance and his PR machine many times and were caused a lot of pain. I even toasted Tyler and Floyd. Even after I lost money to the Floyd Fairness Fund. Without Floyd the process of tearing it down and rebuilding anew would have never started. I look at that $ I lost as an investment into cleaning up the sport for future riders so they don’t have to be pressured into doping, like my son. I hope all of these people have found some peace through this.
I would be lying if I said I just drank it just for them. I have been watching and wating for this time to come since 2003. That Chimay was one of THE best beers I have ever had….and I’ll crack another when all the Tour titles are stripped away.
In a way, this is the best possible outcome. His kids will not have to watch their dad go to jail( and all the baggage that comes with it ) but he will still have to wake up every day and know that the whole world knows that his whole life is one big fucking lie. That is worse than jail for Lance.
Only one thing funnier than hearing the phrase “Floyd Fairness Fund”…that is hearing someone admit they gave money to it…a fool and his money?
@ Cap’n Tony – you are a piece of work. DO you put on your “big boy” jersey and sit in front of the TV, screaming like some neanderthal NFL fan, berating all about how you “know” what its like to be a pro cycylist. Another armchair quarterback that ‘thinks” he’s better than he really is.
I am not a LA fanboy. I am a fan of the sport, and all that try and push themselves to be the best that they can in whatever they do. When you bitch and moan, and try to beat others down because they dont conform to your point of view, you just expose yourself for what you are, a wanna be. Another pothetic excuse for a sports fan.
Tell you what, go back to your lazy boy, crank up the NBA, NFL, MLB or whatever it is that you watch, and shut the f**K up!
Your useless and tired ranting only shows how pathetic you really are.
Leave the guy alone… Anyone can find 5 people to say what they want, given enough money. Where is the proof. Bottom line is he never tested positive. Period. You can’t take away his titles, five plus years after the fact, based on questionable witness testimonies.
Guest. True belief requires action son. I donated b/c I have known Floyd since he raced MTB in juniors. He was a different kid then, before he met Lance. There is a term for guys like you in the army…. “REMF”. REAR ESCHELON MOTHER FUCKER. You’re the guy that sits in the rear with the gear while others do the real fighting and then after your “tour” you tell all your friends that you were in the “shit”. You are a true man. Yep, I admit i contributed to FFF and I admit I once believed Lance too. But at least I take a side.
Now go ride your Livestrong Madone, maybe you have taken some action….
Okay Mike S. you’re on to me. You’ve seen through my charade. Yes, I’m a 350 lb fat slob who watches fox news and any “Pro” sports on the tube. I ripped my big boy jersey ’cause I’m too fat and ditto for the lazy boy.
Next time you come over to the crib, bring me a new recliner preferably with heat and massage, and a case of Chimay since we’re on that subject. And one big fat slab of memphis style pork ribs, dry rubbed of course, go easy on the sauce.
And don’t forget to wear that little French Maid outfit I bought you. And the brunette wig. You look good as a brunette.
@Mike
Better a “neanderthal” NFL/NBA/MLB fan in a Lazy Boy than a fucking Euro soccer fan beating the fuck out of opposing teams’ fans in the streets.
Fuck Lance! He’s a douchebag for inventing cancer.
Thanks for another laugh…you said it again.
You and the other sheep, soft white girly sheep, just waiting to be fleeced by Floyd and Lance were the biggest tinfoil hat wearing stooges ever. The “Great Conspiracy” of people organized to get Floyd and Lance never existing. They are cheaters who got caught and you gave them money.
REMF?…you may call me sir.
@dc dirtbag, AAAAAAhahahahaha. It’s about time we got the root of it. Well said.
How dare they go after the man who cured cancer and allow a foreign national Muslim in the white house? Antiamericanism is at it again.
Although I still give cancer jesus mad props for dropping a $100 Gr into planned parenthood.
almost want to give him a pass just because for that one.
W so we shouldn’t try the past or past actions? Uh really ok I know, lets try suspects in the FUTURE. Lets go all minority report and shit.
Yep, REMF. You probably read the CliFF Notes of a book then tell everyone how you read it too. Sorry about the LIVESTRONG MADONE comment, you sound more like a FIXIE guy.
…wow, guest…i’ve read certain postings of yours that were quite logical but your recent ‘harping’ has you blindly pissing all over your own validity…
…temper it, amigo, if only for your own sake, ya ???…
…@ mike s…don’t stand next to a box of rocks when you’re with your girlfriend…you’ll be giving her a choice…
Shit just got a whole lot worse for Lancey Pants. Italian investigators have uncovered a $465,000 payment he made to Dr. Ferrari. http://www.cyclingnews.com/news/armstrong-reportedly-made-dollar-465000-payment-to-ferrari-in-2006
By the way, Happy Bloomsday Bitches! Guinness, Jameson and kick ass novels for everyone!
I’ll be honest, I had to google Madone and FIXIE…my bike is getting near old enough to be graduating from high school…but it is quality.
Sorry I wasn’t fooled at first followed by having an epiphany that yes indeed people lie and cheat. I don’t see how anyone who believed can look back and not feel foolish…holy vanishing twin…so lash out if you must, if it will somehow make you feel better.
Holy shit! That $465k payment looks REALLY bad! It will be interesting to see how LA responds to that news.
I can see it now a tense meeting with Armstrong and his cadre of lawyers has been called at Lance’s secret bunker in Austin
Lance: Whattamygonna do now? This makes me look bad especially after all my denials that I worked with Ferrari
Lawyer #1: We can say that it was for “training advice”
Lance: Done that
Lawyer #2: How about a nutrition program?
Lance: I pay you assholes millions and this is what you come up with? Give me something to hide behind!
Lawyer #3: hair replacement treatment for Levi.
Lance: No
Lawyer #4: hair replacement treatment for Levi AND Chris Horner
Lance: NO NO NO!!!! Leave bottle and that asskisser Horner out of this. This is all about me. ME ME ME!!!!!!
Lance’s phone rings “Hello. Hog! help me. I’m fucked, Hog I’m fucked….yeah…. yeah…ok…gotcha… you’re the best Johan, thanks
bye say hello to Michele for me”
Lance closes phone “okay all you assholes, you’re fired. get the fuck out you’re useless. Johan has it all figured out. The money was a payment for a European subsidiary of Livestrong. It’s called Fartstrong. It’ll also explain how I was able to win all those Tours. Methane and jet propulsion. That also explains the high cadence. It blew all the stink away lest my rivals figure out my secret plan. Fuck it, lets all fly to Aspen for dinner and drinks. I hear Travis Tygart is gonna be there. Can’t wait to see the look on that bastard’s face!”
Waitaminnitt-Dude had to google “fixie”? I have lost faith in all of humankind.
…ummm…can i get in on that hair replacement treatment ???…
Juan Pelota’s treatment may give you a full head of hair. The only catch is ya gotta sell your soul to the devil.
I got more hair that I’ll ever use. Surely something can be worked out…
…hell, cap’n tony…a full head of hair & $465,000 to ‘buy a ferrari’ just for selling my soul to the devil ???…sign me up…
…i’ve been tryin’ to do it the honest & straight way all my life but @ 63 maybe it’s time to visit the dark side…
…just (metaphorically) sayin’…
Guest, you lashed out first with your condescending exalted bullshit.
So here you are on a cycling website full of fans of cycling and bike racing and racers and are the only fan of bikes and bike racing never to be duped by a lying and cheating racer? how hypocritical is that? or do you even have any favorite racers or like bike racing? or are you too afraid to take a side on that too?
maybe the only reason you are here is you keep hoping for Big Johnny to bring the porn back so you don’t have to play hide the weenie at your local YMCA
Difference here is me giving money to people and causes after being lied to your face. Does that make one a sheep or them good liars?
You will learn through the USADA trial of Lance that the testing was not corrupt and that the only reason Floyd got caught is that LA and his cronies tipped off the UCI who tipped off LNDD.
Let me guess, you were the only one to know that too…. probably were on the fucking Grassy Knoll when Kennedy was shot on your fucking 18 yr old bike…. Fucking REMF.
I see you want to re-define the term ‘lashed out’ to support this tirade…making a joke, even a bad one doesn’t qualify as lashing out.
“Does that make one a sheep or them good liars?”…If you were a fan of cycling as opposed to a johnny come lately Lance and Floyd supporter, you would know the answer to this.
“You will learn through the USADA trial of Lance…”. Tinfoil, absurdity…
You sure do make a lot of assumptions about me. All I can say is that with each one you reinforce the fact that your judgement is still just as faulty as the day you donated to the Floyd Fairness Fund.
…straight up, guest…you just qualified yourself for ‘little dick’ status…
…refer to kenny rogers…“…know when to hold ’em, know when to fold ’em…”…
@98, you’re right on level with Holden, attacking because your hero’s turn out to be cheaters who will have in the end only hurt racing and cycling in general.
#100 Bingo! What do I win?