Armstrong charged and banned

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yello

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I did like

It then goes on about USADA and the UCI a lot.
:laugh:

Yep, Armstrong is arguing that his 'agreement' is with UCI - that USADA don't have the authority to judge him and that they have acted as a 'state agent' (and so outside their remit) in doing so.
 
Can we set up some forum software to post "THIS IS NOT A COURT OF LAW" and "THIS IS NOT A TRIAL" every second post? Preferably in large bold letters with a siren flashing, just for those people who persist in missing the point...:banghead:
 

marinyork

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I did like

:laugh:

Yep, Armstrong is arguing that his 'agreement' is with UCI - that USADA don't have the authority to judge him and that they have acted as a 'state agent' (and so outside their remit) in doing so.

Glad to be of some entertainment, but it's not me that wrote this stuff it was Armstrong's lawyers.

He is arguing that it a state actor and this is specifically mentioned in point 33 (and in points 34-36 and less so after that).

As for sportings rights they would override some of the other rights if for example there was an international treaty signed and incorporated into US Law. This is exactly what has happened. Armstrong's lawyers even say this several times as part of their largely erroneous arguments about grand juries and the DOJ et al investigation - which a federal judge will probably laugh at.

It's quite amusing reading it in totality, because if you took the whole lot seriously there are several (unlikely) possible gets outs for Armstrong that result in amusing stalls for time or partial victories that he doesn't want.
 
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yello

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He has a point....

“I’ve read what they’ve said but as they’re not licence holders so I don’t know how they can ban them or what they can be banned for,” he told Cyclingnews.

...but I wonder if he is deliberately distancing UCI from the USADA action?
 
He has a point....



...but I wonder if he is deliberately distancing UCI from the USADA action?
No, he doesn't. ITIC (new acronym alert: If Twitter Is Correct) then the WADA Code also covers support staff. Not quite sure how/if that applies to Ferrari, but CONI managed to ban him without murmur, so no reason why USADA can't do the same.

And yes, sounds very much like he is trying to shrug it off. Mind you, isn't our favourite Texan also arguing that this is just a USADA thing?
 

Alun

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He has a point....
“I’ve read what they’ve said but as they’re not licence holders so I don’t know how they can ban them or what they can be banned for,” he told Cyclingnews.
...but I wonder if he is deliberately distancing UCI from the USADA action?
I misread this the 1st time I read it, "how THEY can ban them" is referring to USADA rather then UCI.
That sounds more like a "comment", rather than a "no comment ".
I think he'd like as much distance between UCI and LA as possible, and that Armstrong keeps his mouth shut.
 
I misread this the 1st time I read it, "how THEY can ban them" is referring to USADA rather then UCI.
That sounds more like a "comment", rather than a "no comment ".
I think he'd like as much distance between UCI and LA as possible, and that Armstrong keeps his mouth shut.
I've seen suggestions that LA might prefer to not argue, let USADA do their worst and then spend the rest of his life bitching about the 'unconstitutional witch hunt'. That way no evidence has to come out. If Celaya has opted to contest, then surely that theory gets blown out of the water?
 
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yello

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re McQuaid's statement, I took it to mean that if the 3 are not licence holders of a WADA affiliated body (which I presumed they weren't) then the USADA sanction is largely, um, ceremonial (?). And there's probably nothing for UCI to do.

I would imagine that part of the reason that the 3 didn't contest is because it didn't matter a sh*t to them what USADA did. Like being barred from your local. You just shrug your shoulders and go to another.

Edit: broadened what I meant.... took me a while because I'm watching the tele!
 

Alun

Guru
Location
Liverpool
re McQuaid's statement, I took it to mean that if the 3 are not UCI licence holders (which I presumed they weren't as they're support staff) then there's not anything for UCI to do.
I thought that 1st time I read it, but he says "I don’t know how THEY can ban them" rather than "I don’t know how WE can ban them".
As in THEY=USADA and WE=UCI, unless it's a slip of the tongue or the fingers.
 
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yello

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Maybe Sparks picked up the phone and had a quiet word with Herman 'look son, this is a pile of poo, do yourself a favour and withdraw it or I'll toss it out". End of that play option, so team Armstrong pick up the phone to Tygart and say 'look, we'll play the game, we'll come and talk, just give us a bit of time'

See you all in 30 days ;)
 
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