Thursday, August 23, 2012

Lance Armstrong's Legacy At Risk

  • How can USADA (US Anti-doping Agency) have any jurisdiction over a French non-Olympic event (Tour De France)?  
  • Is this a case of another US Agency, with unlimited resources and funding, attacking a US citizen?  Think EPA vs. The Sacketts.  It could be.  It would become impossible for the Agency to back down after years of investigation.  How much taxpayer money am I paying for this type of prosecution??   This is what I want to know.
  • How come no one else is identified as a doper?  If Lance did something, don't you think that others were doing the same?  

Lance Armstrong's statement on 23 August:

‘‘There comes a point in every man’s life when he has to say, ‘‘Enough is enough.’’ For me, that time is now. I have been dealing with claims that I cheated and had an unfair advantage in winning my seven Tours since 1999. Over the past three years, I have been subjected to a two-year federal criminal investigation followed by Travis Tygart’s unconstitutional witch hunt. The toll this has taken on my family, and my work for our foundation and on me leads me to where I am today - finished with this nonsense.

I had hoped that a federal court would stop USADA’s charade. Although the court was sympathetic to my concerns and recognized the many improprieties and deficiencies in USADA’s motives, its conduct, and its process, the court ultimately decided that it could not intervene.

If I thought for one moment that by participating in USADA’s process, I could confront these allegations in a fair setting and - once and for all - put these charges to rest, I would jump at the chance. But I refuse to participate in a process that is so one-sided and unfair. Regardless of what Travis Tygart says, there is zero physical evidence to support his outlandish and heinous claims. The only physical evidence here is the hundreds of controls I have passed with flying colors. I made myself available around the clock and around the world. In-competition. Out of competition. Blood. Urine. Whatever they asked for I provided. What is the point of all this testing if, in the end, USADA will not stand by it?

From the beginning, however, this investigation has not been about learning the truth or cleaning up cycling, but about punishing me at all costs. I am a retired cyclist, yet USADA has lodged charges over 17 years old despite its own 8-year limitation. As respected organizations such as UCI and USA Cycling have made clear, USADA lacks jurisdiction even to bring these charges. The international bodies governing cycling have ordered USADA to stop, have given notice that no one should participate in USADA’s improper proceedings, and have made it clear the pronouncements by USADA that it has banned people for life or stripped them of their accomplishments are made without authority. And as many others, including USADA’s own arbitrators, have found, there is nothing even remotely fair about its process. USADA has broken the law, turned its back on its own rules, and stiff-armed those who have tried to persuade USADA to honor its obligations. At every turn, USADA has played the role of a bully, threatening everyone in its way and challenging the good faith of anyone who questions its motives or its methods, all at U.S. taxpayers’ expense. For the last two months, USADA has endlessly repeated the mantra that there should be a single set of rules, applicable to all, but they have arrogantly refused to practice what they preach. On top of all that, USADA has allegedly made deals with other riders that circumvent their own rules as long as they said I cheated. Many of those riders continue to race today.

The bottom line is I played by the rules that were put in place by the UCI, WADA and USADA when I raced. The idea that athletes can be convicted today without positive A and B samples, under the same rules and procedures that apply to athletes with positive tests, perverts the system and creates a process where any begrudged ex-teammate can open a USADA case out of spite or for personal gain or a cheating cyclist can cut a sweetheart deal for themselves. It’s an unfair approach, applied selectively, in opposition to all the rules. It’s just not right.

USADA cannot assert control of a professional international sport and attempt to strip my seven Tour de France titles. I know who won those seven Tours, my teammates know who won those seven Tours, and everyone I competed against knows who won those seven Tours. We all raced together. For three weeks over the same roads, the same mountains, and against all the weather and elements that we had to confront. There were no shortcuts, there was no special treatment. The same courses, the same rules. The toughest event in the world where the strongest man wins. Nobody can ever change that. Especially not Travis Tygart.

Today I turn the page. I will no longer address this issue, regardless of the circumstances. I will commit myself to the work I began before ever winning a single Tour de France title: serving people and families affected by cancer, especially those in underserved communities. This October, my Foundation will celebrate 15 years of service to cancer survivors and the milestone of raising nearly $500 million. We have a lot of work to do and I’m looking forward to an end to this pointless distraction. I have a responsibility to all those who have stepped forward to devote their time and energy to the cancer cause. I will not stop fighting for that mission. Going forward, I am going to devote myself to raising my five beautiful (and energetic) kids, fighting cancer, and attempting to be the fittest 40-year old on the planet.’’

The Defense
From LanceArmstrong.com:

AUSTIN, TX -- June 13, 2012 -- I have been notified that USADA, an organization largely funded by taxpayer dollars but governed only by self-written rules, intends to again dredge up discredited allegations dating back more than 16 years to prevent me from competing as a triathlete and try and strip me of the seven Tour de France victories I earned. These are the very same charges and the same witnesses that the Justice Department chose not to pursue after a two-year investigation. These charges are baseless, motivated by spite and advanced through testimony bought and paid for by promises of anonymity and immunity. Although USADA alleges a wide-ranging conspiracy extended over more than 16 years, I am the only athlete it has chosen to charge. USADA’s malice, its methods, its star-chamber practices, and its decision to punish first and adjudicate later all are at odds with our ideals of fairness and fair play.

I have never doped, and, unlike many of my accusers, I have competed as an endurance athlete for 25 years with no spike in performance, passed more than 500 drug tests and never failed one. That USADA ignores this fundamental distinction and charges me instead of the admitted dopers says far more about USADA, its lack of fairness and this vendetta than it does about my guilt or innocence.

Armstrong's Defense On CNN

From CNN

"Though USADA claims it has collected at least 10 witnesses to these events, it refuses to name a single one or even to identify what they will say," argues Armstrong's legal team, in a response to the charges published on the cyclist's website.

"USADA also claims that Mr. Armstrong committed doping violations for years, but cannot produce a single positive test result to corroborate this claim.

"Curiously, in the face of an alleged conspiracy involving four separate teams of cyclists over two decades, USADA has decided to charge only a single rider: Lance Armstrong."

Armstrong has also made his feelings clear about the USADA's offers of immunity to his his former colleagues.

"So let me get this straight... come in and tell them exactly what they wanted to hear and you get complete immunity AND anonymity? I never got that offer. This isn't about Tygart wanting to clean up cycling; rather it's just a plain ol' selective prosecution that reeks of vendetta," Armstrong declared on his Twitter account.

The case is still focused on whether the USADA has the right to prosecute Armstrong.

"The legal arguments center upon the jurisdiction of the U.S. Anti Doping Agency. In essence Lance Armstrong is trying to adopt a legal argument that the agency should not be prosecuting the regulatory and disciplinary process. Armstrong is saying the agency is violating his human rights," sports lawyer Richard Cramer told CNN.

"However the Federal Judge has rejected Armstrong's application and at the moment the agency will be allowed to proceed, although there is the added complication on whether it should be the International Cycling Union which should be prosecuting the charges."

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