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Lance Armstrong Banned and Stripped of TDF Titles


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When Lance won the last Tdf he should have gone back home and retired a happy man watching the sunsets in Texas.

I doubt any of this would have come up if he hadn't come back from retirement.

Good luck to him

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Can he appeal now.? I dont think so, the judge has basically ruled in USADA'S favor, so from my understanding the process will now move ahead and he has only two choices left, accept the ban, or go to arbitration?.

 

I think he can.

 

This case is not part of the USADA administrative process yet, but a suit in the civil courts. LA has turned to the courts arguing that the USADA process does not apply to him.. This has nothing to do with the merits of the doping case yet, merely a case to determine whether LA is correct when he says that the USADA do not have jurisdiction to try him.

 

All civil court judgments are subject to appeal unless the judge absolutely believes that no higher court will come to a different decision based on the evidence led at the original hearing.

 

So in theory he can appeal this all the way to the US Supreme court before he has to face his accusers.

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There's still the CAS, which course the Pat camp wanted to pursue. Long and messy. I like the judge in this case. He's given both sides a hiding, but the reserved his bigger hiding for the side that deserves it.

 

Yeah, but before he gets there I am sure (at least I understood it as) he has to go through the arbitration process.?

Once that is complete, only then can he appeal to CAS.?

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I think he can.

 

This case is not part of the USADA administrative process yet, but a suit in the civil courts. LA has turned to the courts arguing that the USADA process does not apply to him.. This has nothing to do with the merits of the doping case yet, merely a case to determine whether LA is correct when he says that the USADA do not have jurisdiction to try him.

 

All civil court judgments are subject to appeal unless the judge absolutely believes that no higher court will come to a different decision based on the evidence led at the original hearing.

 

So in theory he can appeal this all the way to the US Supreme court before he has to face his accusers.

 

Hmm, indeed, I hear you.

 

On the other hand his argument has fallen flat twice, I am not sure he will be given the opportunity to appeal as it seems the judge feels there is no merit in his case.

 

Ultimately I think he has to know in his mind the noose is tightening, maybe it would be better to just walk away.?

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He almost has to go to arbitration now.

 

I don't think he would want the dirty laundry being aired, though.

 

I agree, he should have stayed in retirement, because something must have happened to provoke this intensive pursuit of him.

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Yeah, but before he gets there I am sure (at least I understood it as) he has to go through the arbitration process.? Once that is complete, only then can he appeal to CAS.?

 

Well, that's crux, I think. He's trying to avoid arbitration by pre-judging the proceedings as unfair, and why McQuaid came to his aid and tried to push it to the CAS before USADA could hear the case.

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The champ who never gave up has given up:

 

Lance Armstong's Statement of August 23, 2012

 

 

AUSTIN, Texas - August 23rd, 2012 - There comes a point in every man's life when he has to say, "Enough is enough." For me, that time is now. I have been dealing with claims that I cheated and had an unfair advantage in winning my seven Tours since 1999. Over the past three years, I have been subjected to a two-year federal criminal investigation followed by Travis Tygart's unconstitutional witch hunt. The toll this has taken on my family, and my work for our foundation and on me leads me to where I am today – finished with this nonsense.

I had hoped that a federal court would stop USADA’s charade. Although the court was sympathetic to my concerns and recognized the many improprieties and deficiencies in USADA’s motives, its conduct, and its process, the court ultimately decided that it could not intervene.

If I thought for one moment that by participating in USADA’s process, I could confront these allegations in a fair setting and – once and for all – put these charges to rest, I would jump at the chance. But I refuse to participate in a process that is so one-sided and unfair. Regardless of what Travis Tygart says, there is zero physical evidence to support his outlandish and heinous claims. The only physical evidence here is the hundreds of controls I have passed with flying colors. I made myself available around the clock and around the world. In-competition. Out of competition. Blood. Urine. Whatever they asked for I provided. What is the point of all this testing if, in the end, USADA will not stand by it?

From the beginning, however, this investigation has not been about learning the truth or cleaning up cycling, but about punishing me at all costs. I am a retired cyclist, yet USADA has lodged charges over 17 years old despite its own 8-year limitation. As respected organizations such as UCI and USA Cycling have made clear, USADA lacks jurisdiction even to bring these charges. The international bodies governing cycling have ordered USADA to stop, have given notice that no one should participate in USADA’s improper proceedings, and have made it clear the pronouncements by USADA that it has banned people for life or stripped them of their accomplishments are made without authority. And as many others, including USADA’s own arbitrators, have found, there is nothing even remotely fair about its process. USADA has broken the law, turned its back on its own rules, and stiff-armed those who have tried to persuade USADA to honor its obligations. At every turn, USADA has played the role of a bully, threatening everyone in its way and challenging the good faith of anyone who questions its motives or its methods, all at U.S. taxpayers’ expense. For the last two months, USADA has endlessly repeated the mantra that there should be a single set of rules, applicable to all, but they have arrogantly refused to practice what they preach. On top of all that, USADA has allegedly made deals with other riders that circumvent their own rules as long as they said I cheated. Many of those riders continue to race today.

The bottom line is I played by the rules that were put in place by the UCI, WADA and USADA when I raced. The idea that athletes can be convicted today without positive A and B samples, under the same rules and procedures that apply to athletes with positive tests, perverts the system and creates a process where any begrudged ex-teammate can open a USADA case out of spite or for personal gain or a cheating cyclist can cut a sweetheart deal for themselves. It’s an unfair approach, applied selectively, in opposition to all the rules. It’s just not right.

USADA cannot assert control of a professional international sport and attempt to strip my seven Tour de France titles. I know who won those seven Tours, my teammates know who won those seven Tours, and everyone I competed against knows who won those seven Tours. We all raced together. For three weeks over the same roads, the same mountains, and against all the weather and elements that we had to confront. There were no shortcuts, there was no special treatment. The same courses, the same rules. The toughest event in the world where the strongest man wins. Nobody can ever change that. Especially not Travis Tygart.

Today I turn the page. I will no longer address this issue, regardless of the circumstances. I will commit myself to the work I began before ever winning a single Tour de France title: serving people and families affected by cancer, especially those in underserved communities. This October, my Foundation will celebrate 15 years of service to cancer survivors and the milestone of raising nearly $500 million. We have a lot of work to do and I'm looking forward to an end to this pointless distraction. I have a responsibility to all those who have stepped forward to devote their time and energy to the cancer cause. I will not stop fighting for that mission. Going forward, I am going to devote myself to raising my five beautiful (and energetic) kids, fighting cancer, and attempting to be the fittest 40-year old on the planet.

Edited by Tumbleweed
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And the red rag to the bull:

 

https://docs.google....3MWU0NThl&pli=1

 

Finally, you are on notice that if USADA makes any public statement claiming, without jurisdiction, to sanction Mr. Armstrong, or to falsely characterize Mr. Armstrong’s reasons for not requesting an arbitration as anything other than a recognition of UCI jurisdiction and authority, USADA and anyone involved in the making of the statement will be liable.

Edited by Tumbleweed
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Tygart's first reaction:

 

"It is a sad day for all of us who love sport and our athletic heroes," USADA CEO Travis Tygart said. "This is a heartbreaking example of how the win-at-all-costs culture of sport, if left unchecked, will overtake fair, safe and honest competition."

 

http://www.usatoday....rges/57258616/1

Edited by Tumbleweed
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