Armstrong drops fight against doping charges

[tennismonkey]

interesting article on forbes as to why armstrong may have "quit" fighting allegations of doping. something he supposedly was never going to quit fighting.

http://www.forbes.com/sites/richkarl...ide-more-dirt/

[Bartelby]

An athlete these days is subject to WADA and USADA and these are the bodies that he voluntarily submitted to, among others, in order to compete as an athlete.

Armstrong challenged these bodies in court and failed so he is subject to their rulings.

These bodies don't deprive anyone of life or liberty so they don't have to meet criminal law standards.

Armstrong is not a criminal, but he is a doper.

Originally Posted by Benhur

Armstrong did defend himself in a real court of law. Just in February this year federal prosecutors dropped a two-year investigation, with no charges against him.

From a news report at the time:

http://www.telegraph.co.uk/sport/oth...Armstrong.html

The probe [was] anchored in Los Angeles where a grand jury was presented evidence by federal prosecutors and heard testimony from Armstrong's former teammates and associates
[…]
Investigators looked at whether a doping program was established for Armstrong's team while they received government sponsorship from the US Postal Service. They also examined whether Armstrong encouraged or facilitated doping on the team.

USADA is a private agency, not a court of law. They could try to keep to their mission and concentrate on the here and now, keeping an eye on the thousands of athletes now practicing sports in the US. They prefer the then and there where the big flashy fish are. A private agency with these goals, where the CEO, the Judge and the Prosecutor are one and the same person, is no place to defend yourself. It’s worse, in fact, than the worse kangaroo court, and so it is not at all surprising LA refused to submit to their process. No shame in that whatsoever. But he did defend himself succesfully in a real court of law, to the point where the prosecutors had to drop the case, because whatever the USADA was supplying them was useless to them.

It's highly amusing that the Usada is now changing its tune and suggesting they will respect the statue of limitations and let him keep most of his titles if he only comes to their lap and fesses up (see post 256) Why weren't they saying that before? It's pretty pathetic.

[Benhur]

Lance Armstrong doping campaign exposes USADA’s hypocrisy

by Sally Jenkins
The Washington Post
http://www.washingtonpost.com/sports...c41_story.html

A federal judge wrote last week, “USADA’s conduct raises serious questions about whether its real interest in charging Armstrong is to combat doping, or if it is acting according to less noble motives.” You don’t say. Then when is a judge, or better yet Congress, going to do something about it?

Quite independently of Lance, with whom I wrote two books, for a long, long time I’ve had serious doubts about the motives, efficiency and wisdom of these “doping” investigations. In the Balco affair, all the wrong people were prosecuted. It’s the only so-called drug investigation in which the manufacturers and the distributors were given plea deals in order to throw the book at the users. What that told us was that it was big-game hunting, not justice. It was careerist investigators trying to put athletes’ antlers on their walls. Meanwhile, the Fourth Amendment became a muddy, stomped-on, kicked-aside doormat.

So forget Lance. I have so many problems with USADA, the World Anti-Doping Agency and the Court of Arbitration for Sport (CAS) — which is supposed to be where athletes can appeal, only they never, ever win — that it’s hard to know where to begin. American athletes have lost 58 of 60 cases before the CAS. Would you want to go before that court?

Anyone who thinks an athlete has a fair shot in front of CAS should review the Alberto Contador case. Contador was found to have a minuscule, insignificant amount of clenbuterol in his urine during the 2010 Tour de France. After hearing 4,000 pages of testimony and debate, CAS acknowledged that the substance was too small to have been performance-enhancing and that its ingestion was almost certainly unintentional.

Therefore he was guilty. He received a two-year ban.

CAS’s rationale? “There is no reason to exonerate the athlete so the ban is two years,” one member of the panel said.

Would you want to go before that court?

The decision was so appalling that even the Tour runner-up, Andy Schleck of Luxembourg, couldn’t swallow it and refused to accept the title of winner. “There is no reason to be happy now,” Schleck said. “First of all, I felt bad for Alberto. I always believed in his innocence. . . . I battled with Contador in that race and I lost.”

The former prime minister of Spain, Jose Luis Rodriguez Zapatero, had openly declared his belief that Contador was innocent. When the CAS ruling came down, Zapatero expressed “bewilderment” and suggested it was so irrational it gave “sufficient reasons to open a debate about their fairness.”

The response of WADA President John Fahey? A rant in which he suggested that Contador was given a two-year ban instead of one because Zapatero had dared to open his mouth. Let me repeat: The president of WADA actually suggested publicly that an athlete’s penalty was made harsher because his prime minister had the nerve to challenge WADA’s authority.

Again, would you want to go before that court?

When are people going to grow sick enough of these astonishing overreaches and abuses to do something about it? As my friend Tommy Craggs has written for Deadspin, WADA and USADA have become “a gang of moralizing cranks . . . and it is beyond me why an organization that wants to ban caffeine again hasn’t yet gotten laughed out of polite conversation.”

You can put me down on that side of the argument. You can also put me down on the side of professional basketball player Diana Taurasi, who has called the international drug testing bureaucracy “one of the most unfair processes you can be put through,” and attorney Howard Jacobs, who makes his living going before CAS. He told USA Today, “A lot of times athletes are getting run over in the quest for clean sport.”

How does an agency that is supposed to regulate drug testing strip a guy of seven titles without a single positive drug test? Whether Armstrong is innocent or guilty, that question should give all of us pause. How is it that an American agency can decide to invalidate somebody’s results achieved in Europe, in a sport it doesn’t control? Better question, how is it that an American taxpayer-funded organization can participate in an adjudication system in which you get a two-year ban because “there is no reason to exonerate” you? At what point is such an organization shut down and defunded?

In his decision last week, U.S. District Judge Sam Sparks declined to intervene in USADA’s case against Armstrong because to do so would “turn federal judges into referees for a game in which they have no place, and about which they know little.” But in the next breath Sparks expressed an opinion on certain matters he does know about. “The deficiency of USADA’s charging document is of serious constitutional concern,” he wrote. “Indeed, but for two facts, the court might be inclined to find USADA’s charging letter was a violation of due process and to enjoin USADA from proceeding thereunder.” Among other things, he was disturbed by USADA’s “apparent single-minded determination” to go after Armstrong and force him before CAS.

All of which I find far more worrisome than the question of whether he may have transfused his own blood in trying to climb a mountain on a bike. It wasn’t a judge’s job to intervene with USADA. But it most certainly would seem to be the job of Congress. The WADA-USADA system is simply incompatible with the U.S. legal system.

[sureshs]

Originally Posted by Bartelby

An athlete these days is subject to WADA and USADA and these are the bodies that he voluntarily submitted to, among others, in order to compete as an athlete.

Armstrong challenged these bodies in court and failed so he is subject to their rulings.

These bodies don't deprive anyone of life or liberty so they don't have to meet criminal law standards.

Armstrong is not a criminal, but he is a doper.

That is the problem. If you want to be a sportsman, you have to "voluntarily" submit to this. It is voluntary only in theory, as there is really no other option. It is a bogus choice, like the "choice" of factory workers in the past to work in dangerous and abusive conditions, or "choose" to not work.

[volleygirl]

Originally Posted by sureshs

That is the problem. If you want to be a sportsman, you have to "voluntarily" submit to this. It is voluntary only in theory, as there is really no other option. It is a bogus choice, like the "choice" of factory workers in the past to work in dangerous and abusive conditions, or "choose" to not work.

What is the problem? The athletes cheating in such high numbers is what has lead to this. Trying to use Armstrong as a martyr is a joke if youre gonna use him as the example of how athletes arent given the benefit of the doubt anymore.

[fundrazer]

Benhur, that article doesn't even get all of the facts straight. Contador was banned on the basis that he is responsible for the substances entering his body. And while it was agreed that it was unlikely for him to willingly ingest clenbuterol, his "contaminated steak" defense was equally unlikely.

Still on the Contador issue, that article seems totally ignorant regarding certain nations' willingness to protect their athletes from doping allegations, even when some of these athletes are guilty. Spain's VP has no business talking about whether Contador should have been banned or not. If you're not familiar with Alejandro Valverde's story, I'd recommend reading up on that as well.

[Sander001]

Originally Posted by Bartelby

Opinions are always biased if by that you mean subjective. Do you really think you have objective opinions?

I'm not expressing my opinion, you were. I was just pointing out the fact that the rationale from all your previous posts have become valueless.

[Benhur]

Originally Posted by Bartelby

An athlete these days is subject to WADA and USADA and these are the bodies that he voluntarily submitted to, among others, in order to compete as an athlete.

Armstrong challenged these bodies in court and failed so he is subject to their rulings.

These bodies don't deprive anyone of life or liberty so they don't have to meet criminal law standards.

Armstrong is not a criminal, but he is a doper.

The majority of sentences handed out in the justice system do not deprive anyone of life or liberty. They involve merely retribution or redressing of wrongs, but the proceedings are still subject to the rules of the justice system. A body charged with administering justice has to adhere to some pre-established procedural rules, and the enforcement of those rules has to be done by an entity that is separate from the prosecution, otherwise abuse is guaranteed. The procedures followed by these agencies are not very different from what you see in the Inquisition courts of the past, even if they are not allowed to imprison or kill anyone (thank God).

Now, the rule of law itself seems to be deteriorating fast, as Paul Craig Roberts notes in his column today. http://www.paulcraigroberts.org/

It’s also a concern that the prison system is already being privatized to a great extent, so maybe the next step will be the privatization of the justice system itself, in which case the current behavior of these agencies would be a taste of things to come. It's already amazing that financial criminals are left alone while sportsmen are obsessively persecuted for things going back many years.
But you have to be out of your mind to think these agencies operate with any kind of fairness.

[Underhand]

I WANT TO BELIEVE
THE TRUTH lS OUT THERE
TRUST NO ONE

[TomT]

From the information that's been brought to public attention due to LA's notoriety, I think the reasonable conclusion is that LA has been using doping and evasion procedures for at least 14 years. Given that other top cyclists have also been investigated and stripped of their titles, then it doesn't seem to me that the investigation of LA was unfair.

The USADA's investigation, findings, and actions haven't martyed LA. Rather, they've exposed him as a doper, a liar, and a hypocrite. This part of the affair is a done deal imo.

LA's current net worth is estimated at around $125 million. A recent interview (and mountain bike race) suggests that he's doing just fine. I have to suppose that every day is pretty much a good day when you're that rich and reasonably healthy.

What's the message from all this LA stuff? I'm just curious regarding speculations about the future of doping and evasion procedures in cyling, etc.?

[chrischris]

Originally Posted by volleygirl

What is the problem? The athletes cheating in such high numbers is what has lead to this. Trying to use Armstrong as a martyr is a joke if youre gonna use him as the example of how athletes arent given the benefit of the doubt anymore.

Would you use the same reasoning for other dishonest actions?

In your view are for example shoplifting or counterfeit products acceptable due to the fact they are common?

[adventure]

The credibility of cycling has been utterly destroyed.

Ironically, PED's are just as big of a problem in amateur athletics and in other pro sports, but cycling's image in particular has been completely ruined.

Lance is a sociopath: he has no conception of right and wrong. After being banned from competitive cycling, he entered a mountain bike race the same day. He just doesn't care.

Originally Posted by TomT

From the information that's been brought to public attention due to LA's nororiety, I think the reasonable conclusion is that LA has been using doping and evasion procedures for at least 14 years. Given that other top cyclists have also been investigated and stripped of their titles, then it doesn't seem to me that the investigation of LA was unfair.

The USADA's investigation, findings, and actions haven't martyed LA. Rather, they've exposed him as a doper, a liar, and a hypocrite. This part of the affair is a done deal imo.

LA's current net worth is estimated at around $125 million. A recent interview (and mountain bike race) suggests that he's doing just fine. I have to suppose that every day is pretty much a good day when you're that rich and reasonably healthy.

What's the message from all this LA stuff? I'm just curious regarding speculations about the future of doping and evasion procedures in cyling, etc.?

[TomT]

Originally Posted by chrischris

Would you use the same reasoning for other dishonest actions?

In your view are for example shoplifting or counterfeit products acceptable due to the fact they are common?

I think you might be misunderstanding what volleygirl wrote.

[Bartelby]

I'd agree with this, but they don't do sport out of necessity and they all agree in principle that drugs should not be in sport.

So how do you get rid of drugs in sport without a draconian regime?

The Armstrong affairs show you can't unless WADA/USADA exists.

Originally Posted by sureshs

That is the problem. If you want to be a sportsman, you have to "voluntarily" submit to this. It is voluntary only in theory, as there is really no other option. It is a bogus choice, like the "choice" of factory workers in the past to work in dangerous and abusive conditions, or "choose" to not work.

[Bartelby]

No, all you have is a different opinion stemming from your interpretation of the facts and law, even if your understanding of law is deficient.

Originally Posted by Sander001

I'm not expressing my opinion, you were. I was just pointing out the fact that the rationale from all your previous posts have become valueless.

[Bartelby]

This is not an issue in civil law.

Every sport from the beginning of time has been allowed to regulate itself.

You can hit people on a sporting field and they might take you before a tribunal but the cops usually don't jump onto the football field to stop a fight.

If you hit someone in the stands they stop you.

Sports have always held delegated administrative power, recognised by the courts, for the conduct of their own affairs.

If their conduct is excessive or beyond their powers they can be challenged in court.

These super drug tribunals are simply another instance of self-regulation and they operate in accordance with strictly regulated procedures, because if they don't their judgements will be thrown out in court.

Originally Posted by Benhur

The majority of sentences handed out in the justice system do not deprive anyone of life or liberty. They involve merely retribution or redressing of wrongs, but the proceedings are still subject to the rules of the justice system. A body charged with administering justice has to adhere to some pre-established procedural rules, and the enforcement of those rules has to be done by an entity that is separate from the prosecution, otherwise abuse is guaranteed. The procedures followed by these agencies are not very different from what you see in the Inquisition courts of the past, even if they are not allowed to imprison or kill anyone (thank God).

Now, the rule of law itself seems to be deteriorating fast, as Paul Craig Roberts notes in his column today. http://www.paulcraigroberts.org/

It’s also a concern that the prison system is already being privatized to a great extent, so maybe the next step will be the privatization of the justice system itself, in which case the current behavior of these agencies would be a taste of things to come. It's already amazing that financial criminals are left alone while sportsmen are obsessively persecuted for things going back many years.
But you have to be out of your mind to think these agencies operate with any kind of fairness.

[Sander001]

So, in one post you claim to have superior knowledge of these matters in law, then in your very next post you claim this is not an issue of law. Contradict yourself much?
I almost didn't catch it because normally people don't double or triple post like you have. I was wondering about that, then I saw the conflicts of your opinions and suppositions and I guess you were trying to hide them by not putting them together.
Since you previously revealed your bias, it's been showing more and more, while your rationale has become less and less. See below, the cat's out of the bag

Originally Posted by bartlby

So how do you get rid of drugs in sport without a draconian regime? The Armstrong affairs show you can't unless WADA/USADA exists.

As if WADA/USADA are the only effective drug testing administrations in the world.
So, not only are you bringing the Armstrong hate, but you're also a proponent of a "regime" that you yourself characterize as draconian.

Obviously, there are plenty of other, far more effective drug testing agencies than USADA/WADA that respect due process, do not rely on hearsay and are not led by Captain Ahab, trying to catch his white whale. But you don't see that because you're all about your pre-judgements.

[Benhur]

I was looking for comments by the 3 greatest cyclists still alive (aside from Arsmstrong). I suppose that would be Merckx, Hinault and Indurain. This is what I found.

Merckx said:
Lance Armstrong is very disappointed and is facing an unfair trial. At a certain point, a person has had enough. Lance was very correct during his career. What more can he do? All the controls he passed, more than 500 since the year 2000, came out negative. Either those controls are good for nothing, or Armstrong was within the rules. The whole thing is based on witnesses testimony. It’s profoundly unjust. I haven’t spoken with Lance recently, but I know he is very disappointed. I can’t understand this viciousness, making such a big deal out of someone who never tested positive. It’s always cycling they’re after. It’s sickening.

Indurain said:
“Until a competent authority decides otherwise, Armstrong should keep his titles.” Indurain also said that Usada’s persecution of Armstrong is “unscrupulous.”

Hinault said he doesn’t give a hoot about any of this.

[fundrazer]

Great, but what do their comments have to do with anything? I'd also have you know that Axel Merckx, Eddy's son, works with the Bontrager-Livestrong team. It would probably go against their best interest to say anything negative about Lance.

Now let me drop a name. Swedish cyclist Gustav Larson tweeted about it basically saying there was no doubt in the professional peloton that Lance was a doper. Now what does me saying that in this thread accomplish, not anything really...

[sureshs]

Originally Posted by Bartelby

This is not an issue in civil law.

Every sport from the beginning of time has been allowed to regulate itself.

It is an issue of human rights. That is why the federal judge said it will not pass muster in a court of law and expressed skepticism.

In another case, European courts ruled for the tennis player.