Officials Clashed on Armstrong

[Jagers]

http://youtu.be/_3o-NU2m4DU?hd=1

 

[Wallace]

Just in terms of the reporting/television dynamics, that is one odd piece. Reed Albergotti seems totally awe-stuck by/totally into the blonde WSJ reporter, who does not seem in the least bit impressed by him. My suspicion is that when the cameras turned off, he asked her out, and she said no.

 

[python]

again mentioned that the doping accusations are not over since usada is on the case. to the question, if the federal probe into armstrong is over, he said technically it can be reopened under a different federal court house, but 'it is simply not done'.

this is the part about the us legal mechanism i don't understand...aren't there higher judicial or legislative checks and balances in the land of the free that supposed to guard local district attorneys from acting incorrectly including on political grounds ?

 

[blackcat]

Just in terms of the reporting/television dynamics, that is one odd piece. Reed Albergotti seems totally awe-stuck by/totally into the blonde WSJ reporter, who does not seem in the least bit impressed by him. My suspicion is that when the cameras turned off, he asked her out, and she said no.

hahahaha

mademyday

 

[Alpe d'Huez]

Real useful comment there Wallace.

Someone with more legal acumen needs to look into just what kind of ability USADA (or WADA) has to obtain any evidence gathered by the DOJ during the investigation, or what paths they can take under sporting rules (and laws).

I may merge this with the other thread after a couple of days. The story's talked to death and oversaturated enough as is.

 

[LarryBudMelman]

Real useful comment there Wallace.

Someone with more legal acumen needs to look into just what kind of ability USADA (or WADA) has to obtain any evidence gathered by the DOJ during the investigation, or what paths they can take under sporting rules (and laws).

I may merge this with the other thread after a couple of days. The story's talked to death and oversaturated enough as is.

Honestly, I think this may be just the beginning of a new chapter. I can't see professional journalists just rolling over on this. Others here have "suggested" that 60 Minutes is working on a followup. After all of Armstrong's attacks on their first report, i'd expect them to try to expose the "coverup" in the US attorney's office and also continue to pursue Armstrong himself. Particularly this witness intimidation of Hamilton.. To not prosecute that is disgraceful...

There is still obviously a gigantic story which has gotten even bigger.

 

[LarryBudMelman]

again mentioned that the doping accusations are not over since usada is on the case. to the question, if the federal probe into armstrong is over, he said technically it can be reopened under a different federal court house, but 'it is simply not done'.

this is the part about the us legal mechanism i don't understand...aren't there higher judicial or legislative checks and balances in the land of the free that supposed to guard local district attorneys from acting incorrectly including on political grounds ?

Do you remember the "Saturday Night Massacre?" That kind of thing was simply not done either. Yet eventually, the professional media perservered. If they don't do so here it's pathetic.

 

[sniper]

Just in terms of the reporting/television dynamics, that is one odd piece. Reed Albergotti seems totally awe-stuck by/totally into the blonde WSJ reporter, who does not seem in the least bit impressed by him. My suspicion is that when the cameras turned off, he asked her out, and she said no.

it could also be that he had not brushed his teeth prior to the interview. That would explain why she's leaning backwards increasingly during the interview.

 

[warmfuzzies]

The obsession over LA's nefarious activities is so 'CN'. The AC pumpers have shown remarkable resilience in the face of adversity these past few weeks. I commend that. LA is one smooth criminal. He's doing what Al Capone and Bernie Madoff could not. Just like his fight to win 7 straight Tours and his fight against cancer, LA fought the law, and LA won! His legend continues to grow. Down in Trollheim, the haters are wondering whether their man from Pinto can win the next Veulta and whether his team will have enough points to compete at the highest level. Who's got the Midas touch, again?

 

[BotanyBay]

That guy works for the WSJ?

 

[Race Radio]

There has been a fair amount of coverage on this the last few days

The real question is why did one person ignore the input of multiple agencies, dozens of witnesses, and dismiss the case?


http://online.wsj.com/article/SB100...9511653273618.html?mod=WSJ_hpp_editorsPicks_3

The U.S. attorney who closed a nearly two-year investigation into the racing team of seven-time Tour de France champion Lance Armstrong rejected a recommendation from his assistants that he pursue criminal charges in the case.

http://www.cyclingnews.com/news/con...al-investigation-into-armstrong-and-us-postal

the U.S. attorney André Birotte Jr. struggled with the decision.

Prosecutors were about to indict

sources in the FBI, FDA and US Postal Service were ‘shocked, surprised and angered’

charges were close to being brought against a number of individuals, which included fraud, witness tampering, mail fraud, and drug distribution.

One source, NPR says, said there were ‘no weaknesses in the case’.

“I talked to someone within the investigation but the reason why the case was shut down was due to a one-man decision. The evidence against those involved was absolutely overwhelming. They were going to be charged with a slew of crimes but for reasons unexplained he closed the case saying it wasn't open for discussion,” the source said.

 

[BillytheKid]

There has been a fair amount of coverage on this the last few days

The real question is why did one person ignore the input of multiple agencies, dozens of witnesses, and dismiss the case?


http://online.wsj.com/article/SB100...9511653273618.html?mod=WSJ_hpp_editorsPicks_3


http://www.cyclingnews.com/news/con...al-investigation-into-armstrong-and-us-postal

Once again, no-name reporting...who's the source? RR should stand for regular rummer-mill.

 

[Race Radio]

Once again, no-name reporting...who's the source? RR should stand for regular rummer-mill.

Watch the WSJ interview with Reed. He says prosecutors wanted charges but this was ignored by Birotte. Doug Miller and Mark Williams were the prosecutors.

 

[mewmewmew13]

I think RR likes good wine and an occasional
beer.

not sure about the rum....

 

[KingsMountain]

this is the part about the us legal mechanism i don't understand...aren't there higher judicial or legislative checks and balances in the land of the free that supposed to guard local district attorneys from acting incorrectly including on political grounds ?

US Attorneys Manual
This manual is way more than I want to read, but to get a flavor of the checks and balances, see Title 9 Criminal, in particular 9-110.210-- Authorization of RICO Prosecution—The Review Process.
Most of the review is designed to restrain prosecutors from bringing unwarranted RICO charges. In the Tailwind case, it may have been necessary to try to use RICO to sidestep SOL issues, thus exposing the prosecution to a rigorous review.

A backdrop to consider here is that the RICO legislation was intended to deal with organized crime of quite a different scale and type than is alleged with Tailwind. However, in recent years, RICO prosecutions have been successfully expanding to a broader range of crimes, and there is some sentiment to rein in prosecutors.

I imagine that the review committee may have feared that an actual attempt to prosecute Armstrong and Weisel (a much bigger dog than LA) would result in a popular backlash. The term "racketeering" means something quite different to most Americans than the activities that Tailwind could be prosecuted for, and Weisel has the funds and friend to foment a backlash. The DOJ may have decided to that it's better to not disturb the sleeping dog.

I'd be very surprised if it turned out that this was really a one-man decision.

 

[LarryBudMelman]

US Attorneys Manual
This manual is way more than I want to read, but to get a flavor of the checks and balances, see Title 9 Criminal, in particular 9-110.210-- Authorization of RICO Prosecution—The Review Process.
Most of the review is designed to restrain prosecutors from bringing unwarranted RICO charges. In the Tailwind case, it may have been necessary to try to use RICO to sidestep SOL issues, thus exposing the prosecution to a rigorous review.

A backdrop to consider here is that the RICO legislation was intended to deal with organized crime of quite a different scale and type than is alleged with Tailwind. However, in recent years, RICO prosecutions have been successfully expanding to a broader range of crimes, and there is some sentiment to rein in prosecutors.

I imagine that the review committee may have feared that an actual attempt to prosecute Armstrong and Weisel (a much bigger dog than LA) would result in a popular backlash. The term "racketeering" means something quite different to most Americans than the activities that Tailwind could be prosecuted for, and Weisel has the funds and friend to foment a backlash. The DOJ may have decided to that it's better to not disturb the sleeping dog.

I'd be very surprised if it turned out that this was really a one-man decision.

So the scale was smaller but the racketeering was carried out by a big dog who is both willing and able to cover up his corruption, but Americans like their stereotypical criminals to speak with a Brooklyn accent and front their crime sprees with businesses like, garbage carting, salvage yards, beauty salons, strip clubs, restaurants and bakeries. Got it.

 

[KingsMountain]

Larry,
If you really want to get it, spend just 10 minutes reading the RICO section of the manual. America already has laws which cover all of the apparently alleged activities, and to employ the additional power of RICO, there's a set of additional circumstances which must apply. It does not appear to me that tolling the SOL is one of them.

Americans don't require racketeers to have Brooklyn accents. But we do tend to think that racketeers either practice or threaten violent crime, or burn down buildings, or make offers that can't be refused. Americans tend to think of beheaded foes of the drug cartels. That's the sort of international organization, money laundering, etc. that most American think of when referring to racketeers, and popular support for RICO prosecutions is based on those concepts.

In other words, Tailwind's alleged activities are ones that many Americans like to see prosecuted, but not with the extra power of RICO. And, while it's hard to know what fraction of Americans feel this way, certainly some who have no interest in Armstrong, et. al. will feel that doping and the organization and money transfers associated with it aren't worth bothering about. One has to stretch quite a way to identify an identifiable victim.