The Death Of Fair Play?

Perhaps it was too much to hope for, that Floyd Landis would get a fair shake from USADA when the UCI, WADA and the Tour have so publicly vilified him and cast aspersions upon his name. Alas, it appears it’s not to be. At least, that’s the way I see it after looking over a fax sent to Floyd’s attorney which can be seen at Trust But Verify.

If you’re not going to take a look at TBV, here’s what the fax says, in a nutshell:

Dear Howard:

You asked for Floyd’s other test results from the Tour? Well, guess what? The rules say we don’t have to give them to you, so we’re not. We don’t care that the results might help make your case with the arbitration board. You want the same kind of discovery that people are entitled to in the American justice system? Good f*&!ing luck!

Have a nice day,

Travis Tygart
General Counsel, USADA

OK, this is not an exact quote. It’s the Rant’s Notes version (with apologies to Cliff). But that’s the gist of it. They’re saying we only have to give you what we gave you and good luck trying to get any more. Here’s the real document.

Makes me wonder just how much they’re interested in discovering the truth of the matter or how much they’re interested in getting a win. (And I’m not the only one.) The pressure from the UCI and WADA must be great indeed, but what needs to happen here is not a conviction before a kangaroo court. What needs to happen is that Floyd (or any other athlete in his situation) gets a fair hearing and the opportunity to prove his innocence (which is hard enough to do as it is).

Yes, the present system is built on the presumption of guilt. But as anyone willing to do a bit of research knows, when it comes to these kinds of tests there’s no such thing as an absolutely definitive result. Believe what you want about what the data shows, but here it is in black and white: It’s all subject to interpretation. And when there’s any doubt about the result, then the system should, in my opinion, err in favor of the accused and not the accusers.

Go take a look at the raw data, take the time to research what it means, and what you’re most likely to conclude is that there is enough information in the lab packet to doubt the lab’s conclusions that Landis doped.

A couple of things to point out, as TBV has already noted. First, the rules USADA is referring to cover the lab, not the anti-doping agency. So if USADA wants to (and if they have or can obtain the information) they are perfectly free to release it to Landis’ attorneys. Whether the lab will give the information up is another matter. But it would certainly enhance the lab’s credibility (though not their case) were they to do so.

Secondly, USADA receives the bulk of their support from federal tax dollars. That’s you and me paying their bills courtesy of that bite the Infernal Revenue Service takes out of our paychecks. Since they act as a quasi-judicial body passing judgment on athletes (American citizens like you and me) accused of improprieties, and since they receive federal tax dollars, I believe they should be held to the same rules as any federal court in this land. And that being the case, if USADA has access to the documents Landis’ defense team wants, then they ought to release them. And if USADA doesn’t have those documents, then they should bloody well get them from LNDD, the UCI or WADA.

It would certainly go a long way to maintaining USADA’s own credibility despite this farce of a process up to now. TBV also suggests that if enough people write their Senators and Representatives that the pressure brought to bear on USADA might moderate their behavior. You bet it would. It’s called the power of the purse strings.

I’m planning on writing to my Senators and Representative in Congress. I hope you will, too. And as a public service, if you’re not sure who your Representative is, go here. For your Senators, go here. Also, I’ve added another page to this site if you would like to use what I wrote as a template for your own letters. See the Sample Letter tab, above, or click here.

I’m bloody tired of seeing a sportsman being accused and treated by the sporting establishment in an entirely unsporting way. This kind of behavior has to end.