KingsMountain said:
I
linked to this yesterday, and pointed out that folks who claim there is no chance of the USADA being named a state actor (e.g. D-Queued and RaceRadio) are ignoring the import of this paper.
Tygart only took the trouble to lay out this interpretation and publish it because he does believe that the is a risk of being named a state actor, and that it would have an adverse effect on the USADA.
Sorry to have missed your post and the reference yesterday.
This thread moves really fast...
Yes, I can see how you could forward that argument. But, there is no substance or foundation for it.
However, before considering your argument, we should really consider the context that this paper was developed under.
The Floyd case was a massive distortion that became very high profile, and was only one-sided.
USADA was restricted from an opportunity to publicly comment on the PR campaign and its lies and distortions.
As a result of the Floyd case, WADA amended its rules to allow USADA's to comment publicly. This is one of the 'Floyd rules'. Please recall that Floyd was berating everyone else to play by their rules...
Since the 'state actor' argument was one of the apparently seductive lies forwarded by Landis, it is no surprise whatsoever that Tygart authored this paper. We should be very confident that the USADA was well prepared to argue this during the arbitration to shatter the Floyd argument. As we know, Floyd's lawyers wised up and did not pursue this argument during the arbitration or subsequent CAS hearings.
Notably, in the Lance case, we see an enormous difference from the Floyd case. The USADA is able to comment in response to misleading allegations from Lance as well as on developments on the case.
Dave.