Armstrong charged and banned

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With all due respect, you're seem to be using Lance-speak. What makes you think he'll not get a fair hearing from USADA? Do you think the panel are all 'haterz'?

Very simple. In a fair system the judiciary is separate from the prosecutors who are separate from the legislators and the accused is allowed to see the evidence against them and know who has accused them.

Here USADA appear to be in the role of legislators, prosecutors and jury while the accused is being refused the right to know who has accused him and what the evidence is.
 
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:

Can we interleave them with "CHUFFY HATES LANCE" posts too? :boxing:
 
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yello

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Very simple. In a fair system the judiciary is separate from the prosecutors who are separate from the legislators and the accused is allowed to see the evidence against them and know who has accused them.

Here USADA appear to be in the role of legislators, prosecutors and jury while the accused is being refused the right to know who has accused him and what the evidence is.

He has no such "rights". This a USADA arbitration hearing and not a court of law. You have to understand that distinction. He will get to know the details (evidence, witnesses) when the USADA procedures say so.
 
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yello

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Armstrong withdraws injunction request

Clarification; the request for the restraining order has been withdrawn, the charge document for a civil action remains. Sparks will still consider this charge and respond within 20 days (I believe).

I think we can say that Armstrong is being extended every legal courtesy, both by the federal judge and by USADA. I think USADA know they can wait.
 

Flying_Monkey

Recyclist
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To say nothing of Tommy Simpson.

See my post on doping and history near the start of this thread...
 

Alun

Guru
Location
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Or if Armstrong refiles pronto, Sparks will deliver his judgement by the 14th.

USADA won't wait. And Armstrong wants to stop the hearing.
I can't see the arbitration panel sitting whilst there is still a (slim) chance that the District Court might rule against them.
Told Ya ! :whistle:

As Judge Sam Sparks said in another judgement "Don't disrespec the Court, dude!" (Paraphrased)
 
He has no such "rights". This a USADA arbitration hearing and not a court of law. You have to understand that distinction. He will get to know the details (evidence, witnesses) when the USADA procedures say so.

We were not talking about whether it was a Court of Law or not. Its about what is a fair hearing and what it not. You may choose to defend a Kafkaesque process but it is a violation of human rights to penalise people without a fair hearing and access to the evidence against them. In Europe it would come under Section 6 of the European Convention on Human Rights but the US does not have a Convention on Human Rights but its Constitution which does not cover the same situations as Section 6
 

Mr Haematocrit

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Lance gets no sympathy from me, after his conduct and the way he treated Filippo Simeoni he showed exactly the kind of person he is. During this time he attempted to intimidate a witness in a case against Michele Ferrari which Armstrong had nothing to do with, he thinks he is untouchable and can make his own rules. I hope his world comes crashing down and he is exposed as the cheat and unsportsman like, self serving, nasty piece of work he plainly is.
 

Alun

Guru
Location
Liverpool
Clarification; the request for the restraining order has been withdrawn, the charge document for a civil action remains. Sparks will still consider this charge and respond within 20 days (I believe).

I think we can say that Armstrong is being extended every legal courtesy, both by the federal judge and by USADA. I think USADA know they can wait.
I think Judge Sparks wants to consider Armstrong's resubmitted application more carefully than might have been thought, and not simply toss it out.
A call has been made from the Court to USADA asking them to grant sufficient time for this to happen, the alternative being the Court granting the temporary injunction to halt proceedings.
USADA has obliged the court with 30 days, and LA's lawyers have withdrawn the now unnecessary temporary injunction request.

USADA have consolidated both Bruyneel's and Armstrong's cases, but LA has a 30 day extension and Bruyneel has until Saturday, can't see that working in practice, perhaps Bruyneel will be granted a 30 day extension, when they realise what has happened. Where that leaves the LA specific charges, ( 2009/2010 blood samples and pre 1997 human growth hormone) remains to be seen.

Something is going on behind the scenes and Jan will have to wait a bit longer to crack open that bottle of vintage Schnapps!
 
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