Race Radio said:
They will appeal to CAS based on jurisdiction
They certainly have a reasonable cause to do so. Not saying they would win, but the claim is definitely not frivolous. Not only does most of the rider testimony antedate WADA/USADA’s jurisdiction over cycling, but a great deal of it antedates the existence of the organizations themselves. And if they do appeal, they might as well also challenge the SOL argument.
But as others point out, they will be swimming against the tide if the do this. It will look as though they are trying to get LA off on a technicality.
Briant_Gumble said:
Now that the reasoned is out I expected it to contain more revelations about how the clever doctor Ferrari managed to circumvent the tests but I still find it unclear.
Before the Reasoned Decision came out, there was a lot of speculation and predictions here that the evidence would include new positive tests that we hadn’t heard of before.
There were none.
And drugs not available to even patients, let alone the peloton, like HemAssist.
There were none.
And proof that the blood values indicated doping, or at least were correlated with specific dates of doping as indicated by rider testimony.
There was none. There was a claim of a one in a million significance, but this was made with no reference to the software actually used to evaluate these values, and USADA emphasized that the blood values were only corroborative, not standalone. This is curiously inconsistent with the claim of a high degree of significance, but since the conclusion is what counts, one has to assume that they themselves don’t have a lot of faith in their own statistical analysis.* Moreover, if the blood values really had indicated doping to a high degree of statistical significance, then USADA should have had a prima facie case of corruption vs. UCI. It would be impossible to claim the one without so strongly implying the other that one would need to state it explicitly.
Speaking of which, there were a lot of predictions here that the R.D. would contain new evidence of UCI corruption.
There was none. There was evidence that riders sometimes knew in advance of testing, but clearly not always, because there was testimony that sometimes they had to take evasive action at the last minute. So the advance notice could be taken as evidence of incompetence as much as corruption. It also makes it easier for UCI to keep the problem downstairs, i.e., claim that maybe individual testers screwed up, but that no one at the top knew about let alone directed this. This is classical bureaucratic cover your ****, but it works.
The RD was basically an expansion of what Tyler said, with many additional witnesses, plus some financial records and emails indicating LA’s ties to Ferrari. If USADA had any serious proof of UCI corruption, the kind that could stand up in court, I think they would have mentioned it to strengthen their case that “never tested positive” is basically meaningless. Since they didn't, I think that whatever factors UCI is weighing now, they don't include a lot of worry that if they appeal, new damaging testimony will emerge. It might yet, but I don't think UCI is worried that it will.
They got off lightly in the 200 page document.
What about the other 800+ pages?
We’ve seen it all. The other 800 pages are the Appendices.
*One of the stranger parts of the RD. After claiming that Gore's analysis said there was only a one in a million chance that the reticulocyte levels could be natural, they emphasized that the blood values could not be proof of doping like a positive test, but only consistent with all the rider testimony. How could a one in a million probability not be proof of doping? That is a far greater degree of significance than Floyd's testoterone data.
An appeal would be great news for LA. He and his supporters could argue that it proves that not everyone regards the USADA report as a slam dunk. And it extends the time that the idiots at Nike and other sponsors can justify continuing to stay with him. If UCI does appeal, get ready for a deluge of "I told you so's" from Fanboy Nation. Ugh.