Gree, let’s cut through the crap. You keep saying, take it to CAS:
Well, whether you like or hate LA, the fact remains, if we presume innocence, I would have done the same thing LA did. We all, using what I would assume is a little objectivity, know the outcome of that hearing even though it will not happen. Again, a prosecutor cannot be judge. Issue your verdict, I will see you at CAS. I will invest time and expense in a venue that actually matters, issue your verdict please.
Who is the arbiter? CAS. I fail to see what anything short of that is accomplishing with the same pot of evidence. Make the case, then accept the result.
Really, this isn’t hard. Why waste time with another couple of years of back and forth waiting for CAS to get involved. Just take it to CAS. Simple.
In response to this, I pointed out that USADA was quite willing to do this, but LA refused to:
USADA offered to take it to CAS. But only LA could initiate that step, prior to the regular appeal process, and he chose not to.
To which you replied:
He has not seen the evidence, and has no desire to go before what he believes is a kangaroo court. He also knows that the rules say it has to go to the UCI. He does have lawyers working for him. Whatever else, he's not stupid. Again, this process unfolds.
Do you see why I assumed you were referring to CAS as a kangaroo court? Anyone who saw your statement come immediately after mine would assume that. If you were not in fact referring to CAS, the only other possible interpretation of your statement is that you were dodging the issue, intentionally refusing to reply to it. So I will repeat:
USADA is willing to go to CAS. But only LA can request that the normal arbitration hearing be skipped, and the proceedings go directly to CAS.
If CAS is a fair venue, why do you suppose LA refuses to go there? And if you believe so strongly in CAS, why don’t you write to LA and urge him to reconsider his decision?
For the rest of your comments:
That is not true. THey have seven days to attempt to agree on a third member, and after that ... the arbitor is selected. Oh, all the arbitors are drawn uip from a list produced by ... USADA.
http://www.karlbayer.com/blog/usada-...f-arbitrators/
Did you read this link? The arbiters are chosen from a list produced by CAS, which you keep arguing is where this case should go.
The Pool of arbitrators will consist of arbitrators from the CAS who are U.S. citizens.
Also:
The arbitrators are required to disclose any circumstance likely to affect impartiality or independence. Id. at R-14. The AAA will rule on any challenges to the arbitrators.
So is the AAA part of the USADA conspiracy against LA?
And:
The Athlete may also invite the USOC Athlete Ombudsman to be an observer.
Can’t trust the USOC not to side with USADA, either?
Additionally, the simple fact remains that USADA is not just bringing charges, it has already declared guilt - then selected an arbitration process of its chosing, its time, place - even when to release the evidence. THe idea that it is acting completely impartially is nonsense.
Hello, USADA is the prosecutor, it is not supposed to be acting completely impartially. That is up to the arbiters, which, to repeat from your own link, are chosen from a list of CAS. Again, you have this crazy notion that USADA is both prosecution and judge. It is not.
You may want to explain that to all the people who routinely smear the UCI, including yourself. Who now, thanks to the acrimonious decision, HAS to publically defend itself from allegations of corruption.
I myself don’t recall smearing UCI, in any sense. But you are most definitely smearing USADA.
Now, put aside the animosity toward LA, and tell me that is concerns like that were raised for any other athlete, that we would sit on our hands?
Well, concerns like that could be raised for each of the other five men charged by USADA, and there you are, sitting on your hands, not raising the slightest protest on their behalf. I would bet a very large sum of money that if the USADA charging letter had not included LA, but did include the other five, you would never have come on this forum and complained about how unfair the process was.
[The witnesses] are entirely speculative are they not?
Oh, sure. Zabriskie, George, Levi, Vande, those guys didn’t want to go to the Olympics. They all decided, by coincidence, not to go at the last moment.
the point of your speculation appears to be to 'get Lance' at any cost. Mine is aimed at reducing the superfluos stupidity that just smeared another cyclist and an ex-wife.
You want superfluous stupidity? Instead of responding directly to the charges against him, he tries to argue that the rules don’t apply to him. I ask you again, why won’t LA agree to go directly to CAS?
And it should be left open - this has become the Recovery room in The Clinic.
Here grown men can work through the 7 stages of grief - a place where dignity and logic (and spelling) are ignored.
They should be thanking you.
Hear, hear. This thread is performing a great public service.