http://online.wsj.com/article/SB10000872396390444330904577537673199762652.html
In a draft of a letter sent on April 28, 2005, and included in Thursday's court filing, a lawyer for Mr. Armstrong wrote that the U.S. Olympic Committee "has given USADA full authority to execute a comprehensive national anti-doping program encompassing testing, adjudication, education, and research, and to develop programs, policies, and procedures in each of those areas," he said.
USADA said in Thursday's motion that in Mr. Armstrong's current lawsuit against the group, the same attorneys involved in drafting the 2005 affidavit criticize USADA for ignoring "500 to 600" drug tests they say Mr. Armstrong has passed. The attorneys say USADA is instead bringing a case based on witness testimony, known as "nonanalytical" positive testing.
But in the 2005 letter, the attorneys point specifically to USADA's use of nonanalytical positives, USADA says, describing them in the following way: "In other words, an athlete may not test positive, but based on other compelling evidence, there is reason to believe the athlete is guilty of doping."
In editing notes sent via email, Mr. Armstrong's attorneys debated whether to use the sentence about nonanalytical testing in the in the letter.
"I don't know if we include this," an attorney for Mr. Armstrong wrote. "On the one hand, it shows that USADA is serious about doping and looks beyond just tests. On the other hand, it shows that sometimes athletes may pass drug tests but are still guilty of doping. What are your thoughts?"