USADA - Armstrong

[Velodude]

One of Armstrong's argument to the court was that the UCI has the responsibility of deciding whether to pursue a doping case. They do not think the USADA on its own should make the decision to prosecute a cyclist.

Maybe a statement or a brief from the UCI claiming that there is no reason to open proceedings against Armstrong.

For UCI intervention the horse has bolted.

UCI were judicious in Armstrong's results management in 1999 (corticosteroid backdated prescription and predetermined Vrijman Report on EPO positives) and 2001 (Armstrong donation(s) to bury TdS EPO positives)

Once qualitative positive results have been released the future is out of the hands of the UCI and in the NDO/CAS/WADA process.

Non qualitative positive results, which Armstrong is facing in the main, have been raised in retrospect and outside UCI's results management burial detail.

 

[BroDeal]

For UCI intervention the horse has bolted.

UCI were judicious in Armstrong's results management in 1999 (corticosteroid backdated prescription and predetermined Vrijman Report on EPO positives) and 2001 (Armstrong donation(s) to bury TdS EPO positives)

Once qualitative positive results have been released the future is out of the hands of the UCI and in the NDO/CAS/WADA process.

Non qualitative positive results, which Armstrong is facing in the main, have been raised in retrospect and outside UCI's results management burial detail.

Armstrong is claiming that the UCI through USA Cycling discovered the non-analytical case because Landis' email went to USA Cycling before the USADA, so the UCI decides whether the case should proceed. The USADA can counter with information it learned before Landis sent his email.

I think it will be interesting to see how the UCI tries to interfere. Based on history, the UCI will try.

 

[sartain]

Totally agree.

If LA had any sense of his expiry date, he would have had this charade dealt with long ago.

There is no way the UCI is going to play heavy after this last Tour, and with the Olympics going on.

The fact is, Lance is burning his media cache by the minute, and by prolonging the battle he's only losing gravitas. The UCI lawyers are not going to be ignorant to this fact.

Numbnuts signed a UCI/USAC license. He is subject to their testing protocols, and their penalties.

I don't even think he realizes he's lost so much already...

Slight correction there . . . it's Numbnut not "Numbnuts"

 

[MarkvW]

Armstrong is claiming that the UCI through USA Cycling discovered the non-analytical case because Landis' email went to USA Cycling before the USADA, so the UCI decides whether the case should proceed. The USADA can counter with information it learned before Landis sent his email.

I think it will be interesting to see how the UCI tries to interfere. Based on history, the UCI will try.

I wouldn't be at all surprised to see the UCI try to support Armstrong, but I don't see how any assistance could be attempted until after USADA does its work . . .

 

[BroDeal]

I wouldn't be at all surprised to see the UCI try to support Armstrong, but I don't see how any assistance could be attempted until after USADA does its work . . .

It'll be too late then. The damage will be done.

 

[ggusta]

Slight correction there . . . it's Numbnut not "Numbnuts"

u rat! u beat me to it!

 

[sartain]

Judge might rule right there. If the judge has questions, he might request more briefing.

Unlikely the judge will need more time just to figure stuff out.

Who knows when Judge Sparks will render his opinion? I did find this recent article interesting as it indicates Judge Spark's is a very busy man, and just getting on his docket is no small undertaking. A quick search found this:

http://www.austinchronicle.com/news/2012-07-27/docket-is-full-but-judges-are-few/

Makes you wonder, doesn't it?

 

[El Oso]

Who knows when Judge Sparks will render his opinion? I did find this recent article interesting as it indicates Judge Spark's is a very busy man, and just getting on his docket is no small undertaking. A quick search found this:

http://www.austinchronicle.com/news/2012-07-27/docket-is-full-but-judges-are-few/

Makes you wonder, doesn't it?

Another reason why the case very well could be dismissed on the 10th. Why would the judge add to his already overloaded docket when there is a mandatory arbitration clause? Court's love to have disputes settled outside of court by arbitration, mediation or settlement conferences to ease their caseload.

 

[sartain]

Another reason why the case very well could be dismissed on the 10th. Why would the judge add to his already overloaded docket when there is a mandatory arbitration clause? Court's love to have disputes settled outside of court by arbitration, mediation or settlement conferences to ease their caseload.

I came away with a much different take on the matter after reading the article . . . that being how did this ever even make it to the Spark's docket based on what is stated in it . . . so read between the lines and think about the ramifications of that.

Looking forward to RR, Berzin and Hog's thoughts on this.

 

[thehog]

I came away with a much different take on the matter after reading the article . . . that being how did this ever even make it to the Spark's docket based on what is stated in it . . . so read between the lines and think about the ramifications of that.

Looking forward to RR, Berzin and Hog's thoughts on this.

A decision will be made on or before the 10th. That's the reason the injunction was withdrawn.*

Arbitration will proceed. You cannot have courts circumventing that process. Imagine the precedent that would be set! USADA would simply cease to exist.

Remember this is not just cycling. Travis's masterstroke was having him banned from triathlon. How will the UCI stop that?

 

[MarkvW]

A decision will be made on or before the 10th. That's the reason the injunction was withdrawn.*

Arbitration will proceed. You cannot have courts circumventing that process. Imagine the precedent that would be set! USADA would simply cease to exist.

Remember this is not just cycling. Travis's masterstroke was having him banned from triathlon. How will the UCI stop that?

No injunction was withdrawn, hoggy. That's because no injunction was ever ordered.

 

[thehog]

No injunction was withdrawn, hoggy. That's because no injunction was ever ordered.

Thanks Marky. Make that a restraining order along with extension provided.

 

[shawnrohrbach]

The argument is that Armstrong's UCI license gives the UCI the authority to review proposed discplinary proceedings. Also the UCI has responsiblity for results management and enforcing the statute of limitations. Armstrong will want to bypass the USADA by either getting an "all clear" from the UCI or using the UCI to prevent stripping him of his pre 2004 results.

The interesting question is whether the UCI will want to get involved. The smart thing to do would be to take a hands off approach, let the chips fall where they may, and blame everything on a past that is no longer relevant. McQuaid has never proven himself to be a smart man. Verbruggen still has a lot of infuence and seems dead set on avoiding besmirchment of his time in control.

I am not picking specifically on this post, but it seems to personify sentiments that I find really puzzling. I have been in a variety of positions requiring delicate public relations and there are certain rules followed so that the center of any dispute or controversy is carefully shielded and where necessary admits to the minimum sin and expresses a mea culpa and the sordid affair goes away. Where this goes awry is when hubris enters the stage and the professionals are not allowed to clean up the mess. I am shocked this has not gone away yet until I measure the hubris.

 

[JMBeaushrimp]

I am not picking specifically on this post, but it seems to personify sentiments that I find really puzzling. I have been in a variety of positions requiring delicate public relations and there are certain rules followed so that the center of any dispute or controversy is carefully shielded and where necessary admits to the minimum sin and expresses a mea culpa and the sordid affair goes away. Where this goes awry is when hubris enters the stage and the professionals are not allowed to clean up the mess. I am shocked this has not gone away yet until I measure the hubris.

Hmmm... Too much Catnip?

 

[MarkvW]

Thanks Marky. Make that a restraining order along with extension provided.

No restraining order was entered either. The only order that has been entered is the order dismissing the first filing without prejudice.

 

[BroDeal]

I am not picking specifically on this post, but it seems to personify sentiments that I find really puzzling. I have been in a variety of positions requiring delicate public relations and there are certain rules followed so that the center of any dispute or controversy is carefully shielded and where necessary admits to the minimum sin and expresses a mea culpa and the sordid affair goes away. Where this goes awry is when hubris enters the stage and the professionals are not allowed to clean up the mess. I am shocked this has not gone away yet until I measure the hubris.

I assume you have never worked in a high level capacity in what is essentially a banana republic.

McQuaid seems to have a tin ear when it comes to how the UCI is perceived by outsiders. Things like publicly threatening to sue Landis makes you wonder how someone so inept could have climbed into the top position at the UCI. Actually the UCI claimed it _is_ suing Landis, but no record of the lawsuit can be found and Landis knows nothing about it.

Long ago I would have expected the UCI to distance itself from Armstrong to minimize any damage to itself and the sport. Instead McQuaid seems intent of lashing himself and the UCI to the sinking ship. Even the dumbest rat knows to abandon ship before it goes under.

 

[Race Radio]

I assume you have never worked in a high level capacity in what is essentially a banana republic.

McQuaid seems to have a tin ear when it comes to how the UCI is perceived by outsiders. Things like publicly threatening to sue Landis makes you wonder how someone so inept could have climbed into the top position at the UCI. Actually the UCI claimed it _is_ suing Landis, but no record of the lawsuit can be found and Landis knows nothing about it.

Long ago I would have expected the UCI to distance itself from Armstrong to minimize any damage to itself and the sport. Instead McQuaid seems intent of lashing himself and the UCI to the sinking ship. Even the dumbest rat knows to abandon ship before it goes under.

Maybe it is not Fat Pat doing the lashing......

 

[thehog]

No restraining order was entered either. The only order that has been entered is the order dismissing the first filing without prejudice.

AUSTIN -- Lawyers for cyclist Lance Armstrong have filed a restraining order against the U.S. Anti-Doping Agency.

According to our content partners at the Austin American-Statesman, the temporary restraining order was filed Monday. Under the order, the U.S. Anti-Doping Agency and its chief executive must stop pursuing a drug conspiracy case against Armstrong.

----

Armstrong’s attorney, Tim Herman, said he withdrew his lawsuit requesting a temporary restraining order against USADA as a result of the extension.

 

[sittingbison]

No restraining order was entered either. The only order that has been entered is the order dismissing the first filing without prejudice.

I thought they did enter a restraining order application (perhaps with effort #1?), but then withdrew the application because USADA granted the extension making the RO moot

 

[BroDeal]

Maybe it is not Fat Pat doing the lashing......

At what point does McQuaid and the rest of UCI management tell Verbruggen to ****** off? The change in the presidency came at a convenient point in time. Everything that happened prior to 2006 can be blamed on Verbruggen.

"The graveyards are full of indispensable men."

 

[Race Radio]

Lance has never played by the rules because if he did he would lose. He is doubling down, trying every avenue possible but the normal ones. It worked for now in the criminal case but he has a much harder road with USADA.....which means he will play dirty.

This one is for all the marbles, time to risk it all

 

[thehog]

I thought they did enter a restraining order application (perhaps with effort #1?), but then withdrew the application because USADA granted the extension making the RO moot

Marky is making up things as he goes along. Again. He does it to appear that he actually knows something. He'll go silent now for a while.

I wish he wouldn't do it as he's not stupid. Some of his posts are really good.

 

[MarkvW]

Marky is making up things as he goes along. Again. He does it to appear that he actually knows something. He'll go silent now for a while.

I wish he wouldn't do it as he's not stupid. Some of his posts are really good.

It is not Tuesday and there has been no drumroll, Hog. You have asserted that there has been a restraining order. I have disputed that. There is a simple way to resolve this.

It is unfortunate that you accuse me of making things up. Before you continue, why don't you locate the restraining order that you say exists.

 

[MarkvW]

AUSTIN -- Lawyers for cyclist Lance Armstrong have filed a restraining order against the U.S.*Anti-Doping Agency.

According to our content partners at the Austin American-Statesman, the temporary restraining order was filed Monday. Under the order, the U.S. Anti-Doping Agency and its chief executive must stop pursuing a drug conspiracy case against Armstrong.

----

Armstrong’s attorney, Tim Herman, said he withdrew his lawsuit requesting a temporary restraining order against USADA as a result of the extension.

People don't file restraining orders, Hoggy. They ask the court to issue restraining orders.

 

[thehog]

People don't file restraining orders, Hoggy. They ask the court to issue restraining orders.

Oh dear... Marky? Again? Lying? In public? What happened?

I seriously cannot stop laughing. You're great. Love it. More!