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WADA did not just sit idly by

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Fat headlines are fun. A rush to judgment can feel so exhilarating. Yet serious decisions demand facts and measured judgment.

To believe the headlines, to take in the rush, one would believe that the World Anti-Doping Agency sat around for the better part of four years and did nothing amid explosive allegations of state-sponsored doping in Russia sparked in large measure by the whistleblower Vitaliy Stepanov, a former Russian doping control officer, and his wife, Yulia, a world-class middle-distance runner.

That’s just not true.

Yulia Stepanova, competing under her maiden name, at the 2011 IAAF world championship 800-meter semifinals // Getty Images

WADA, like any institution, can be faulted for many things. But in this instance, WADA officials did what they could when they could, and with a greater degree of sensitivity and attention to real-life consequence than the story that has dominated many mainstream media accounts and thus has started to take on a freight train-like run of its own.

“WADA’s foot-dragging has raised serious questions about the agency’s willingness to do its job,” Travis Tygart, the chief executive of the U.S. Anti-Doping Agency, wrote in a May 25 op-ed in the New York Times.

Tygart assuredly knows the rules perhaps better than anyone else. In a passage that curiously ignores the fact that WADA itself had no investigative authority until the very start of 2015, the op-ed also says: “WADA knew of the Stepanovs’ accusations for years; Mr. Stepanov was offering evidence of extensive doping in Russia since 2010. Yet the agency was moved to act only after the German documentary,” a December 2014 production on the channel ARD led by the journalist Hajo Seppelt. It was that documentary that broke the Russian scandal open.

An email that circulated this week from John Leonard, a leading U.S. swim coach, opened this way: “Did you see that WADA and Mr. Reedie knew about the entire Russian/ARD issue for 2.5 years before they finally told the whistleblowers to go to ARD?”

It added in a reference to Craig Reedie, the current WADA president, “Reedie is WADA chair and an [International Olympic Committee] VP, that explains the why they sat on it. Direct conflict of interest. He needs to go, now, from WADA.”

This expressly ignores three essential facts:

One, Reedie didn't take over as WADA president until January 2014. To ascribe responsibility to him for something that happened before that is patently unfair. How would he have known? Should have known?

Two, as anyone familiar with the Olympic scene knows well, interlocking directorates are a fact of life in the movement. Dick Pound, the long-term IOC member from Canada, served as WADA’s first president — and he is now, again, a champion to many for being outspoken on the matter of Russian doping after serving on a WADA-appointed independent commission that investigated the matter.

By definition, it can’t be a conflict of interest when there’s full disclosure that Reedie is both IOC vice president and WADA president. Moreover, to assert that Reedie would be acting in his role as WADA president with anything but the best intent assumes facts not in evidence.

WADA president Sir Craig Reedie, right, speaks beside Japanese deputy Education, Culture, Sports and Science Minister Hideki Niwa during a 2015 news conference // Getty Images

Third, from the outset, as a report published last November from that WADA-appointed commission makes plain, the global anti-doping agency has been met in many quarters with considerable reluctance: “WADA continues to face a recalcitrant attitude on the part of many stakeholders that it is merely a service provider and not a regulator.”

WADA’s incoming director-general, Olivier Niggli, emphasized Friday in a telephone interview, referring to the Stepanovs, “We respect them for having been courageous.”

Niggli also said, “We are not the organization we are being portrayed as at the moment. It’s nothing against Vitaliy and his wife.” Amid a doping ban, Yulia Stepanova emerged as a star witness for that WADA-appointed commission.

“I understand,” Niggli said. “It’s not easy for them.”

Olivier Niggli, WADA's incoming director general // WADA

Nothing right now in the anti-doping movement is easy. Perhaps that’s why, amid the storm sparked by the accusations of state-sanctioned doping, the time is right to take a step back and consider what might be done to make the anti-doping campaign that much more effective.

What’s at issue now is hardly solely of WADA’s doing. And none of this is new.

To be frank, it is — and always will be — part of human nature to want to cheat. The challenge in elite sport is how best to rein in that tendency.

In 2013, for instance, in the weeks and months leading up to the election that would see Reedie take over at the start of the next year as WADA president from the Australian government official John Fahey, all this was going down:

Revelations of teens in Turkey being doped. Allegations that West Germany’s government tolerated and covered up a culture of doping among its athletes for decades, and even encouraged it in the 1970s “under the guise of basic research.” Positive tests involving American and Jamaican track stars, including the leading sprinters Tyson Gay and Asafa Powell. And, of course, Lance Armstrong’s  “confession” to Oprah Winfrey.

Was anyone then braying for the U.S. cycling team to be banned wholesale from the Olympics — which, it should be noted, was underwritten for years by the U.S. government’s Postal Service?

The distinction between the Turks then and the Russians now is — what? That Vladimir Putin is the Russian president?

The Russian allegations are extremely serious. But for the moment, they are just that — allegations, without conclusive, adjudicated proof.

WADA, created as a collaboration between sport and governments, is now roughly 17 years old. Without government buy-in of some sort, the whole thing would probably collapse and yet there’s a delicate balance when it comes to the risk of government interference. Why? In virtually every country except for the United States, responsibility — and funding — for Olympic sport falls to a federal ministry.

WADA’s annual budget is roughly $26 million.

This number, $26 million, forms the crux of the challenge. Most everyone says they want clean sport, particularly in the Olympic context. But do they, really?

Niggli said, “People need to understand the expectation put on us. If they want us to deliver, that is going to take more resources.”

Context, too. An athlete who can pass even hundreds of tests is not necessarily clean, despite the public tendency to want to believe that a negative test result means an athlete is positively clean. Ask Armstrong. Or Marion Jones.

Referring to widespread perceptions of the anti-doping campaign, Pound said in an interview this week, "If you were to ask me that about the NFL or Major League Baseball … I would say they don’t really care. These are professional entertainers. If people are suspended for 80 games or whatever, nobody really cares.”

Indeed, three players — the major leaguers Daniel Stumpf of the Phillies and Chris Colabello of the Blue Jays and the minor leaguer Kameron Loe — were recently suspended for taking the anabolic steroid turinabol, the blue pill at the core of the East German doping program in the 1970s.

Has that, compared to the saga of the Russians, dominated the headlines? Hardly.

The first WADA president and longstanding IOC member Dick Pound at last November's news conference announcing the findings of a WADA-appointed independent commission // Getty Images

Pound continued: “But you watch each time there’s a positive test in the Olympics. That affects people. They kind of hope the Olympics are a microcosm of the world and if the Olympics can work, then maybe the world can work.

“If something goes wrong at the Olympics, there’s inordinate disappointment. If that happens too often, it will turn people off.”

At the same time, when it’s time to put up or shut up — is there genuinely political and financial will across the world to make Pound’s words meaningful?

Maria Sharapova, the Russian tennis star busted for the heart-drug meldonium, herself has enjoyed annual revenues more than than WADA’s $26 million per-year budget. Forbes says Sharapova, the world’s highest-paid female athlete for the 11th straight year, made $29.7 million between June 2014 and June 2015.

Tennis star Maria Sharapova announcing in March in Los Angeles that she had failed a doping test for meldonium // Getty Images

Big-time U.S. college athletic department budgets can run to five, six or more times WADA’s $26 million. Texas A&M’s revenue, according to a USA Today survey: $192 million. The ranks of those whose annual revenues total roughly $26 million: Illinois State and Toledo.

Down Under, in a long-running saga, 34 past and present Australian Football League players have been banned for doping. Just last week, the Australian Sports Anti-Doping Authority, which in 2014 initiated action against the players, confirmed its budget was being cut by 20 percent. In fiscal year 2014, ASADA boasted a staff of 78. By 2017, that figure will be 50, the cuts affecting “all of ASADA’s functions, including our testing, investigative, education and administrative units,” the agency told the Australian broadcast outlet ABC.

The World Anti-Doping Code took effect in 2004. After lengthy consultations, a revised Code came into being in 2009. A further-revised version took effect, again after considerable discussion, in January 2015.

Per its new rules, it was only then — January 2015 — that WADA finally obtained the authority to run investigations.

But even that authority is necessarily limited.

Critically, WADA does not still — cannot — have subpoena power, meaning the authority under threat of sanction to compel testimony or evidence.

Moreover: who is going to pay for any and all investigations?

Suggestions have been advanced that perhaps a fraction of the billions in Olympic-related broadcast fees paid to the IOC ought to go to WADA. Or leading pharmaceutical companies or top-tier Olympic sponsors not only could but should contribute significantly as a matter of corporate social responsibility.

All this remains to be hashed out.

Meanwhile, it is without dispute that any meaningful investigation takes time, resource, patience, planning and, in the best cases, sound reasoning.

As Niggli put it, “The message is that these investigations — this is one example — take time. If you want to get something, you can’t react emotionally and throw everything out. In this case that would have been the end of the story.”

Stepanov first approached WADA officials at the 2010 Winter Olympics in Vancouver.

“It’s not that in 2010 Vitaliy came to us with a file, a binder, and said, ‘This is what is happening in Russia,’ and we sat on that,” Niggli said.

“At first he came to us and said he had some worries about what was going on. He maybe had some information from his job and potentially some information from his wife.

“This was a conversation for a number of years.”

In 2010, Niggli said, there were “two emails exchanged,” the substance of both was, more or less, let’s meet again and find a way to communicate. In 2011, there was another meeting, in Boston — the thinking that a get-together would hardly attract attention because Stepanov was there to run the marathon. In 2012, more emails. “All this time,” Niggli said, Stepanov had “not told his wife he was talking to us.”

Why? “She was competing and doping, as we now know. He was worried about her and protecting her.”

The Stepanovs in a recent appearance on '60 Minutes' // CBS News

Niggli also said of the period from 2010 to 2013: “That was not at all a stage where we had corroborating evidence.”

The “game-changer,” as Niggli put it, came when Yulia Stepanova was busted for doping, formally announced in February 2013: “They together decided they would do the right thing.”

It was about this time that, according to the WADA-appointed independent commission, Stepanova started making secret recordings with Russian coaches and officials. The recordings would carry on through November 2014; she made them at places as varied as Moscow’s Kazinsky rail station and a hotel in Kyrgyzstan, a former Soviet satellite.

On Feb. 10, 2013, Stepanov sent an email to a WADA contact. It read, in part:

“After thinking for another few hours and talking to my wife, to try to make a bigger impact we need more evidence. We will not hide anything from you … it’s not really my wife’s fault she is being punished but we feel we can get more evidence. To get more evidence we need more time.”

Two days later, another Stepanov email: “I spoke to my wife and here is what we think right now … we think right now that probably there is no reason to really rush everything.”

The next month, WADA organized another meeting — the Stepanovs and Jack Robertson, a former U.S. Drug Enforcement Administration officer who was hired in 2011 as WADA’s chief investigative officer (the argument: the agency pro-actively trying to make advancements though it then had no authority to conduct its own investigations).

Robertson was “very careful to make sure this was confidential, to make sure they would not be put in danger,” Niggli said.

“Obviously, we would not want to share [what it might be learning] with Russia. We did not share with the IAAF,” track and field’s international governing body, “which now looks like a good and prudent decision,” given that then-IAAF president Lamine Diack is alleged to have orchestrated a conspiracy that took more than $1 million in bribes to keep Russian athletes eligible, including at the London 2012 Olympics.

In 2013, WADA went to the Moscow anti-doping lab, hoping to find corroborating evidence. “We found some but not as much as we hoped to,” Niggli said. The agency opened a “disciplinary commission” and for some months it remained uncertain if the Russians would keep the lab, and the Sochi 2014 Winter Games satellite, accredited.

“With the information we had,” Niggli said, “we asked whether this was not putting the whistle-blowers,” the Stepanovs, “in danger.”

The Stepanovs, along with their young son, are now out of Russia, in an undisclosed location.

It was in early 2014 that Robertson sent an email to Stepanov suggesting he get in touch with Seppelt, the German reporter and filmmaker.

The ARD broadcast aired that December.

Just a few weeks later, at the start of 2015, WADA, with investigative authority, commissioned the three-member independent panel: Canadian law professor Richard McLaren, German law enforcement official Günter Younger and Pound.

“That is the big picture,” Niggli said. “It’s not something that happened on Day One. It built over time. It was long work. It was done the right way, to protect [the Stepanovs] and make sure they would not lose the benefit of all that has been done.

He added a moment later, “I’m sure that if we had acted earlier, there would be no result. It would have been dimmed or killed. It would have been Vitaliy and his wife alone, with the denial of a state such as Russia. That,” he said, “would not have held much weight.”

The Russians are coming! Or should be

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Prediction: the Russians will be at the Rio 2016 Summer Games. Reality check: they should be there.

Fundamental fairness dictates that the Russians must be allowed to compete in Rio.

Pole vault star Yelena Isinbayeva, Russian president Vladimir Putin and Russian sport minister Vitaly Mutko on a Sochi 2014 tour // Getty Images

To start with the obvious, amid allegations that state-sponsored or -sanctioned doping pervaded the Russian sports system:

It’s between a rock and hard place for track and field’s governing body, the International Assn. of Athletics Federations, in trying to decide whether to allow the Russians — the track team is currently suspended — into the 2016 Games. A decision is due June 17 at a meeting in Vienna of the IAAF’s policy-making executive council.

Similarly, it’s between that same rock and that same hard place for the International Olympic Committee, which is then going to be charged with reviewing whatever the IAAF decides, and maybe other federations do, too.

Never — repeat, never — has the IOC banned a nation for doping violations.

The IOC has, of course, banned countries from editions of the modern Games. But only for geopolitical concerns:

Germany and Japan didn’t get invites to the London 1948 Summer Games. South Africa’s apartheid policy kept it out of the Games between 1960 and 1992. Afghanistan didn’t go to the 2000 Sydney Games because of Taliban discrimination against women.

To ban a country for doping — especially a country as important in the Olympic landscape as Russia — would set a volatile new precedent.

Improbable, at best.

That said: no matter what decisions ultimately get taken, there’s going to be criticism.

Such criticism is likely to be amplified if the rumor now circulating in Olympic circles turns out to be true — that as many as half of the 31 2008 Beijing positives just announced come from Russia. Again, for now and for emphasis — just rumor.

Look, criticism comes with life in the public sphere. Whatever. If you are Seb Coe, the IAAF president, or Thomas Bach, the IOC president, that’s why you got elected — to demonstrate leadership, to make tough decisions.

Honestly, this one is really not that tough.

The bottom line, and back to fundamental notions of fairness:

You can’t assign collective responsibility in matters — like this one — that demand individual adjudication.

Let’s say that the explosive allegations advanced in the New York Times by Grigoriy Rodchenkov, director of the Sochi 2014 anti-doping lab, turn out to be true: that he substituted dirty samples for clean ones in concert with other Russian anti-doping experts and the FSB, the Russian intelligence service, purportedly having found a way to break into supposedly tamper-proof bottles.

What bearing would any of that, particularly in the Winter Games context, have on athletes due to compete in the Summer Olympics?

Even Bach has been hinting this way, if you stop and parse what he has been saying amid his predictable rhetoric reiterating the IOC’s absolutely ridiculous assertion of a “zero tolerance” policy.

There is no such policy. There never has been. Never will be.

Life is not susceptible to a reduction of simple black and white, of “zero tolerance,” especially in the doping sphere, which is layered with nuance and based on individual determination.

Is American 400-meter star LaShawn Merritt’s 21-month bust for the sexual performance-enhancer ExtenZe, containing the banned substance DHEA, the same as the U.S. sprinter Tyson Gay’s one-year ban for a positive test for an anabolic steroid? Consider: Merritt was hardly secretive in buying ExtenZe; he got it at a 7-Eleven store. Gay voluntarily came forward with evidence against others.

The American swimmer Jessica Hardy got a one-year suspension — missing the 2008 Beijing Games — after a positive test for a banned substance that, the evidence shows, pointed to a tainted dietary supplement. Is that the same as the sprinter Marion Jones using steroids extensively and lying about cheating for years until finally confessing and forfeiting her five Sydney 2000 medals?

Lashawn Merritt anchors the U.S. team to relay gold at the 2015 world championships in Beijing // Getty Images

American swimmer Jessica Hardy at last summers world championships in Kazan, Russia // Getty Images

Obviously not.

Everyone’s case is distinct if not unique.

In a conference call last week with reporters, Bach, asked if the Russian Olympic Committee could be suspended, said, “I will not speculate because there comes a decision we have to make between collective responsibility and individual justice.”

He also said the IOC wants “individual justice for the concerned athletes but also for the clean athletes around the globe.”

It’s that basic, and that was precisely the point the Russian pole vault diva, Yelena Isinbayeva, made in an interview Monday arranged by national track and field officials. Waving forms documenting four recent drug tests she said she had passed, she said this about the idea that she should be forced to stay out of the Games:

“It’s a direct violation of human rights, discrimination.”

If the IAAF or IOC were to move against Russian participation in Rio?

"In the case of a negative ruling for us,” she said, “I will personally go to an international court regarding human rights. And  I'm confident that I'll win."

She is right. She would win. It’s a slam-dunk.

Start wth Rule 44 of the Olympic Charter. It says, “Nobody is entitled as of right to participate in the Olympic Games.”

At the same time, Rule 40 says that to be eligible for participation in the Games, “a competitor” must respect and comply with the charter and with the World Anti-Doping Code, and “the competitor … must be entered by his NOC,” or national Olympic committee.

In 2011, international sport’s highest court, the Swiss-based Court of Arbitration for Sport, was presented with what was widely called the "Osaka rule" case. The IOC executive board had sought (meeting in Osaka, Japan, thus the reference) to ban an athlete from the next edition of a Games if he or she had served a doping-related suspension of more than six months.

The IOC made this argument: “The objective of the IOC Regulation," meaning the Osaka rule, "is to protect the values of the Olympic Movement and the Olympic Games from the threat and scourge of doping and to encourage potential participants in the Olympic Games to adhere strictly to the applicable anti-doping programs.”

The IOC also asserted that the rule was “proportionate to the important aims the IOC pursues and does not infringe personality rights as there is no such right to participate in a single event.”

Nope. These did not fly. CAS ruled for the plaintiff, the U.S. Olympic Committee, which had, among other cases, cited Hardy and Merritt. In 2012 in London, Hardy and Merritt won Olympic medals.

“… The Olympic Games are, for many athletes, the pinnacle of success and the ultimate goal of athletic competition,” the panel wrote. “Being prevented from participating in the Olympic Games, having already served a period of suspension, certainly has the effect of further penalizing the athlete and extending that suspension.”

In essence, that’s double jeopardy — being penalized twice for the same thing.

Extending the reasoning:

If since 2011 there is on the books CAS language explicitly saying that being denied participation in the Games amounts to “penalizing the athlete,” it logically follows that it would be impossible to penalize individual athletes who have not been found guilty of anything.

Incidentally, it’s also worth recalling that in its case before CAS, the USOC obtained friend-of-the-court briefs — that is, supporting its position — from around the world. These included the anti-doping agencies of Denmark, France, Norway, New Zealand, South Africa, Switzerland, the United Kingdom and the United States; the Dutch and Hungarian Olympic committees; the Spanish Professional Cyclist Association; and the Russian Biathlon Union.

In 2012, in a follow-on case, the same three-member CAS panel struck down a British Olympic Assn. guideline that sought to impose a lifetime Games ban for anyone found liable of doping.

There, it said: "By requiring consistency in treatment of athletes who are charged with doping infractions or convicted of it -- regardless of the athlete’s nationality or sport -- fairness and proper enforcement are achieved."

It's extremely difficult to be consistent in applying the doping rules if the doping rules aren't applied to clean athletes, "regardless of the athlete's nationality or sport," in the first instance.

To go further:

Suspicion, even widespread, is one thing. Definitive proof is another. Anyone in that situation, no matter what it was, would want — indeed, expect — that before judgment got passed.

Indeed, Article 10.4 of the current World Anti-Doping Code says that if an athlete "establishes in an individual case that he or she bears no fault or negligence," then there can be no "period of ineligibility."

All of this, by the way, completely ignores the role of personality and relationship in the Olympic movement.

The chairman of the USOC “Osaka rule” panel? Canadian law professor and anti-doping expert Richard McLaren. The BOA case? McLaren.

The WADA-appointed independent commission that was announced last week — to investigate allegations from Rodchenkov and others about Sochi 2014? McLaren heads it.

That WADA-appointed three-member independent commission that issued two reports, one last November, the other in January, about the scope and nature of doping in Russia? McLaren was one of the three (along with Canadian IOC member and first WADA president Dick Pound and German law enforcement official Günter Younger).

That’s not to say or even suggest that McLaren has a conflict of interest. It’s to point out that he understands the layers and the law.

Putin, meanwhile,  is one of the key figures not just in world politics but in the Olympic and international sports scene. That’s what you get when you spend a reported $51 billion for an Olympics, obviously. But more: 2013 world track and field championships in Moscow, 2013 Summer University Games and 2015 world swim championships in Kazan, 2018 World Cup all over the country.

The very first phone call Bach got upon election to the IOC presidency in September 2013? From Putin.

Putin and Isinbayeva, meanwhile, have had a longstanding and obviously constructive relationship. She is the 2004 and 2008 gold medalist, the 2012 bronze medalist. In speaking Monday, it is absolutely the case that she stepped forward as a Putin proxy.

You want evidence? Beyond the fact that her entire interview Monday was specifically arranged so she could make her central point?

Look back at photos from 2014, in Sochi. Who, as a Summer Games star, served as the politically connected “mayor” of the Winter Olympic athletes’ village?

Putin and Isinbayeva in Sochi // Getty Images

Or look at a revealing photo from the Laureus World Sports Award from 2008. A picture, they say, is worth a thousand words.

Isinbayeva, right, fixes Putin's collar at the 2008 Laureus awards. At left: Finnish former Formula One driver Mika Hakkonen // Getty Images

The key position of chief of the 2022 Beijing Winter Games coordination commission? That was announced this past February, amid all the headlines screaming Russian doping: it’s the head of the Russian Olympic committee, Alexander Zhukov. He is a close Putin ally. Who else is on that 2022 commission? Sochi 2014 president and chief executive officer Dmitry Chernyshenko. He, too, is close with Putin.

Coe and Bach go back to 1981, to the IOC Congress at the German resort of Baden-Baden. There they made some of the presentations that would lead to the creation of the very first IOC athletes’ commission.

When Coe ran last year in a hotly contested race for the IAAF presidency, who could he count among his key supporters? You figure it out.

For all this, there is the core argument advanced by those who believe the Russians ought to stay home: the allegations of doping are state-supported.

That, they say, makes it different, akin to the 1970s and East Germany.

Really?

For one, the allegations involving the Russians are, in many cases, still just allegations. The November WADA report suggests clearly that Rodchenkov has issues: “The [commission] finds that Dir. Rodchenkov’s statements regarding the destruction of [1,417] samples are not credible.”

It also says, “There is insufficient evidence to support the figure of 99 percent of members of the Russian national [track and field] team as dopers.”

For another, a huge number would now appear to involve meldonium — a substance about which even WADA has already changed its guidelines. Sir Craig Reedie, the WADA president, says 47 of the 49 positive tests in Russia between last November and May 5 were for meldonium.

Of more import is this: people in glass houses should not throw stones. As the November WADA report makes crystal clear: “… Russia is not the only country, nor athletics the only sport, facing the problem of orchestrated doping in sport.”

Just 12 years ago, the Olympic world was consumed with the United States-based BALCO scandal — which ultimately would ensnare Jones and multiple others with Olympic appearances and medals. Did anyone scream and yell that the entire American track and field team ought to be banned from the Athens 2004 Games?

Three-plus years ago, Lance Armstrong and the U.S. Postal team finally went down — after years of outright lying and bullying. The U.S.Anti-Doping Agency's “Reasoned Decision” goes on for hundreds of pages in detailing what it called a “massive team doping scheme, more extensive than any previously revealed in professional sports history.”

Just to be clear: the publication of the Reasoned Decision, in October 2012, and Armstrong’s “confession” to Oprah Winfrey, in January 2013, would put his case squarely within the current four-year Olympic cycle.

Curious that no one is arguing that the entire U.S. cycling team ought to stay home. Or, by extension, the entire American Olympic team.

If it’s state-sponsored doping that is the problem — there’s a very good argument to be made that the American way, with its emphasis on the enormous profit motive inherent in successful doping, is even more perilous.

Which all leads to this:

The reason so many people in so many places don’t want the Russians in Rio is, again, fundamental.

It’s Putin.

Lots and lots of people don’t like, mistrust or, at the core, fear Putin.

But that, in and of itself, is not reason enough to move against the entire Russian track and field, or Olympic, team.

And as the Olympic movement learned painfully a generation ago, with boycotts of the 1980 Moscow and 1984 Los Angeles Games, the notion of punishing athletes for political purposes is wholly unfair, maybe even cruel.

See you along with the Russians in Rio. Maybe even Putin will be there.

Feds to international sports movement: drop dead

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The U.S. Department of Justice on Tuesday flipped a big, fat middle finger to the international sports movement. On what grounds? And to achieve, exactly, what?

Did anyone at the U.S. Attorney’s office in Brooklyn stop for even a second to think about the consequence — to the Los Angeles 2024 Summer Games bid, to the possibility of an American World Cup men's soccer tourney bid for 2026, to the interests of U.S. athletes everywhere — in opening a criminal investigation into allegations of state-sponsored Russian doping?

Russian president Vladimir Putin, left, and sports minister Vitaly Mutko // Getty Images

It is very, very difficult to make even — a little law talk here — a scintilla of sense from what, at first impression, seems like nothing so much as an outrageous, politically driven abuse of prosecutorial and law enforcement discretion.

In the United States, the law does not criminalize sports doping.

Italy, just to pick one — sure. But not the United States.

Yet here come the feds, reportedly launching a criminal investigation into sports doping. By athletes who are not Americans. What?

Indeed, as the New York Times first reported, the Department of Justice, through that Brooklyn prosecutor’s office, is “scrutinizing Russian government officials, athletes, coaches, anti-doping authorities and anyone who might have benefitted unfairly from a doping regime.”

It said the investigation “originated” with the FBI.

Because there isn’t a specific doping-related statute in U.S. law, federal prosecutors are apparently eyeing fraud and conspiracy charges, the Times reported.

This is, at best, legal gymnastics.

Moreover:

Imagine if the Russians, or the Chinese, or the French, pick anyone anywhere, decided to go after Americans: accusing U.S. athletes or their entourage or even American government officials of a crime under that particular nation's laws, basing the whole thing on allegations of sports-related doping.

What would the reaction be?

How is this any different?

The United States is not the world’s police officer nor, hardly, its prosecutor, judge and jury.

Who in the confines of some office in Brooklyn thought otherwise would serve any sort of American interest in our complicated, nuanced world?

News of the action from that U.S. Attorney’s office came as the International Olympic Committee announced Tuesday that re-tests of samples from the 2008 Beijing Games had turned up 31 positives, IOC president Thomas Bach calling it a “powerful strike against the cheats.”

Backing up for a moment:

You have to be a complete idiot to get caught doping at the Olympic Games. Everyone knows the authorities are going to be testing. And that samples get saved for years.

So there are two options here:

One, officials finally managed to get, say, some top-level Jamaicans or Kenyans. That would be a “powerful strike.”

Two, and more likely, if this cast of 31 was a Kevin Spacey movie, it would be the usual suspects. There are roughly 10,000 athletes at a Summer Games. Catching 31 means roughly 0.3 percent. Whoo.

Let’s be clear:

In this moment, the IOC is facing a potentially unprecedented onslaught of challenges: everything from Russian doping to the seemingly chaotic preparations for the Rio Games, from allegations of potential bribery involving Tokyo’s win for 2020 to the sudden resignation of Yang Ho Cho, the one guy in South Korea who had the 2018 Winter Games ship — finally — moving in the right direction.

IOC leadership has a bully pulpit. But no. It has been notably quiet when it could and should be aggressive in pursuit of resolution to all these challenges.

But that does not mean it is up to the United States to decide unilaterally that it is an American burden, taken on willingly, to address or fix even one of these problems.

The notion of American exceptionalism — that we are different because we are us — plays well domestically.

Internationally, not so much. Indeed, in the Olympic scene, you hear time and again that the rest of the world wants way, way less American exceptionalism. To that point, senior U.S. Olympic Committee leadership has spent the past six years preaching humility, asserting that the U.S. is just one of more than 200 nations in a global movement.

Apparently that message didn’t reach Brooklyn.

The original 1975 headline // Getty Images

More recent vintage -- from January 2016 // Getty Images

In retrospect, maybe it all makes so much more sense now, the failure of that New York bid for the Summer 2012 Games. All this dropping dead.

An American civics refresher: there are 94 U.S. attorney’s offices, one for each federal district. Federal prosecutors make for one of the most powerful arms of the entire United States government.

In Brooklyn, they implausibly decided the course of action ought to be more American exceptionalism.

Like, way more. Take that, everyone. Enjoy our investigation along with your freedom fries and newly relabeled “America” beer (née Budweiser).

A little more American civics background: the planning and execution of an American bid for a mega-event such as the Games or the World Cup involves different entities that are all part of the same branch of government, the executive: the FBI and DOJ, State, Treasury and more.

The head of the executive branch is the president himself.

Left to right at the IOC session in Copenhagen in October 2009: Chicago 2016 bid chair Pat Ryan, First Lady Michelle Obama, President Obama, then-Chicago Mayor Richard M. Daley // Getty Images

President Obama has been, in many regards, an extraordinary executive. If the time in which we live is not always kind to Mr. Obama, history likely will be. At the same time, he might be the worst sports president since 1776. Ever since the day in October 2009 that Chicago got the boot for the 2016 Summer Games, won by Rio, the Obama Administration’s connection with international sports has been rich with one conflict after another.

And particularly with Russia.

It was just two-plus years ago, for instance, that the president opted in advance of the Sochi Games to make a political statement regarding Russia’s anti-gay laws by naming a U.S. delegation that was to be headed by the tennis star Billie Jean King and two other openly gay athletes. (King ultimately made it to the closing ceremony; she was unable to attend the opening ceremony because of her mother’s death.)

In nearly three years as IOC president, Bach has met with more than 100 heads of state. Obama? No, and not even last October, when a good chunk of the Olympic movement’s senior leadership descended on Washington, D.C., for the meeting of the Assn. of National Olympic Committees.

At that ANOC meeting, not one ranking Obama Administration official showed up — until the fourth day. Then came a surprise appearance from Vice President Joe Biden, the protocol equivalent of a drive-by.

During his brief stay on stage, all of seven minutes, the vice president called the Olympics the “single unifying principle in the world.”

Pretty hard to mesh that with an investigation out of Brooklyn into Russian dopers.

Indeed, there’s so much wrong with the idea that American federal prosecutors are investigating the possibility of laying criminal charges in this kind of matter that it is difficult to even know where to begin.

But here we go:

— There’s no law on point.

— On what theory does the United States claim virtually unlimited, worldwide jurisdiction?

It is incredibly unclear what nexus the United States might assert here to find jurisdiction. The banking system, as in the FIFA matter? That has always been tenuous.

— Let’s play hypothetical for just a moment. Assume the case yields indictments. How in the world are you going to get defendants into the United States, particularly if they’re in Russia? Get serious.

— The Times reported that the whistleblower in another story it broke a few days ago, about alleged misconduct at the Sochi 2014 lab, the director Dr. Grigory Rodchenkov, is “among the people under scrutiny by the United States government.”

Let’s see: we want to encourage whistle-blowers to step up and report what they know. Rodchenkov, fleeing to the United States, does just that — only to become a focus of potential criminal inquiry by the feds?

The Moscow lab that Rodchenkov used to head // Getty Images

It’s not hard to imagine this hypothetical: Rodchenkov applies for asylum. Such an application hinges on his “cooperation” with the DOJ, the feds in Brooklyn perhaps eager to squeeze him to be a key witness against others.

Rodchenkov already has a lawyer, the Times reported. And he said, “I have no choice. I am between two flames,” meaning the United States and Russian governments.

Also, this: Rodchenkov is living in Los Angeles. That is a long way from Brooklyn.

— Every case brought by federal prosecutors operates on two tracks: it plays out in court and, as well, in the court of public opinion. The resource of the FBI, DOJ and each U.S. Attorney is indeed significant but even that resource is finite. That means each and every prosecution has to be brought to prove a point. In essence, every single prosecution is distinguished, at some level, by notions of politics. This may not be the most popular point of view but it is indisputably true.

The Brooklyn office is the same office that is central to the FIFA case. That matter is a reach, jurisdictionally and otherwise.

This? Way more so.

And yet this is what law enforcement chooses to investigate? When surely the Eastern District of New York has more pressing issues? Like, say, shootings? Racially tinged housing issues? Antitrust matters? The list could go on and on.

— Why do U.S. taxpayers care for even a second if Russians are doping? What taxpayer interest might prosecutors be serving or protecting by going after sports dopers? None. Obviously. Otherwise Congress would have enacted a law saying something about the matter. That’s the way the American system works.

— Further:

Let’s say an American finished one position lower in x number of sports at the Games because of proven Russian doping. Would the outcome of a criminal case result in y number more medals for the United States? Or Italy? France? Mongolia? Wherever?

Take as just one of but many such examples the Olympic women’s 20-kilometer walk.

Olga Kaniskina of Russia racing at the London 2012 Games // Getty Images

Olga Kaniskina of Russia won the event in Beijing in 2008 and crossed the line second in London in 2012. In March of this year, the Swiss-based Court of Arbitration for Sport ruled Kaniskina ineligible from August 2009 until October 2012 because of anomalies in what’s called her “biological passport,” a reading of blood markers. Thus at issue: the London silver. Third place? Qieyang Shenjie of China. Fourth? Liu Hong, China. The top American finisher? Maria Michta, 29th.

The women’s 3k steeplechase from London? The first-place finisher, Yulia Zaripova of Russia, is expected to be DQ’d for doping. Second? Habib Ghribi of Tunisia. Third? Sofia Assefa, Ethiopia. Fourth? Micah Chemos Cheywa of Kenya. The top American? Emma Coburn, ninth.

London women’s discus: Russian silver medalist Darya Pishchalnikova tests positive for a steroid. Third place? Li Yanfeng of China. Fourth? Yarelys Barrios of Cuba. The best American? Stephanie Brown Trafton, the 2008 gold medalist, in eighth.

And so on.

— Is it the DOJ’s responsibility to protect Americans from watching bad sports? Hardly.

Joke: if so, maybe it should focus on the MLS.

— The DOJ has a proven record of achieving very little, if anything, after spending considerable taxpayer dollars when it comes to high-profile sports-related corruption or doping-related prosecutions.

The two figures at the center of Salt Lake City’s tainted bid for the 2002 Winter Games, Tom Welch and Dave Johnson? The case — 15 counts against each — was dropped, a federal judge saying it offended his “sense of justice,” adding, “Enough is enough.”

Roger Clemens? Acquitted of charges he obstructed and lied to Congress in denying he used performance-enhancing drugs.

Barry Bonds? Free as a big-headed bird after nearly 10 years of facing prosecution.

Barry Bonds, now the Miami Marlins batting coach, at a game earlier this month with the Milwaukee Brewers // Getty Images

Then there’s the peculiar matter involving Lance Armstrong. The U.S. Attorney’s office in Los Angeles spent nearly two years investigating allegations that Armstrong and his cycling teammates committed a variety of potential crimes via doping. A grand jury had even been convened. Then, in February 2012, the case mysteriously just — stopped. Over and done. No more.

For years, Armstrong denied doping. He said at the time the criminal case was dropped that he was “gratified,” adding, “It is the right decision and I commend them for reaching it.”

So strange, still. Eight months later, the U.S. Anti-Doping Agency released more than 1,000 pages of evidence against Armstrong. Three months after that, there was Armstrong with Oprah Winfrey, purportedly confessing all.

Lance Armstrong, left, with Oprah Winfrey in January 2013 // Getty Images

The addendum: the chief prosecutor of the LA office at the time, then-U.S. Attorney André Birotte Jr., was confirmed in July 2014 as a federal judge. That's a lifetime job.

For those keeping score: the former chief prosecutor in the Brooklyn office, Loretta Lynch, is now attorney general of the United States.

Remember: politics attends virtually everything involving the U.S. attorney’s office, wherever, wherever and however.

— Finally, when did it become a key DOJ agenda item to make U.S. foreign policy?

The idea that federal prosecutors could be so narrow-minded as to not take into account the LA24 bid, or American soccer ambitions for 2026, seems like a classic case of one executive branch hand (prosecutors) not knowing what the waggling fingers on the other hand might be up to.

Or, more probably, not caring.

Simply put: this is likely to pose a huge challenge for the USOC, the LA24 committee and others in the sports movement.

The FIFA thing was already difficult enough to try to explain amid the complicated matrix that underpins any U.S. sports bid.

Beyond which, any number of IOC members are known post-9/11 to be wary of travel to the United States. No one from another country likes being treated like a potential terrorist upon arrival. Especially IOC members.

Any number of members are also cautious, if not more, when it comes to what they perceive as a Wild West-type American gun culture. Among their questions: is it really safe to go to a college campus when there are open-carry laws? What about an Olympics with so many people carrying so many guns?

Now this from Brooklyn, and what is sure to be the follow-on assertion by any number of members that they must fret about every credit-card receipt if any financial transaction credibly can provide a tie to the U.S. legal system.

If the easy answer to that is, hey, IOC members, don’t do anything wrong — sure.

The simple rejoinder: it’s the cities that have proven the much-larger problem in IOC bidding, not the members per se.

At any rate, that doesn’t answer the salient question, which is: in September, 2017, with Paris, Rome and Budapest in the field along with Los Angeles, which city is going to get a majority of IOC votes?

As a policy matter, securing an Olympic Games is a way better proposition than going after some Russians. Politically, economically, culturally and in virtually every other way: winning a Games is a better bet.

At one point, you know, even President Obama thought so. He put his prestige on the line for Chicago, his hometown. Nothing has been quite the same since.

Like a plague of locusts, so predictable

GettyImages-514201246.jpg

Like one of those locust cycles that erupt with scientific predictability, here we are five months before an Olympic Games and, just on schedule, there’s an outbreak among the ladies and gentlemen of the press of OMG the-sky-is-falling. What, you say? These Rio Games are on track to be a disaster! Zika! Water pollution! Slow ticket sales! Ack! Danger, Will Robinson! Or maybe, you know, not.

It’s so foreseeable. It’s also eminently tiresome. This happens every single Olympics.

Here’s a call for reasonableness, a major dose of perspective and some balance. Not everything is a crisis, or needs to be treated that way.

It's elemental that there's no need to be Pollyanna.

USOC chief executive Scott Blackmun addresses the media at the USOC Olympic media summit at The Beverly Hilton hotel. To his right: USOC board chair Larry Probst // Getty Images

At the same time, in advance of every single Olympics in recent memory, the press stirs itself — and consequently readers and viewers — into a gloom-and-doom, bad news-mostly frenzy.

Then the Olympic cauldron gets lit and, what do you know — the spectacle if not miracle that is the Games takes over and the next 17 days are predictably magic.

Bet that’s what happens in Rio, where the Games start on Aug. 5, roughly 150 days away.

In the meantime, and for entertainment purposes only of course, here’s a take on an old game — instead of a bean in a jar for every time a newlywed couple celebrates being married, put a dollar into a jar at each mention in the media between now and then of Zika and the Olympics.

By Aug. 5, you’d have enough to buy — well, so many mosquito nets you might do the honorable thing and send stacks to Africa.

"World Malaria Day" this year is April 25, aimed at focusing attention on that silent, relentless killer: 214 million cases of the disease in 2015, 438,000 deaths globally, 90 percent of which are in sub-Saharan Africa, 78 percent children under 5.

About 3.2 billion people are at risk, a little under half the world’s population, for malaria.

For sure not to dismiss anyone's suffering anywhere, but what's at issue is a major discrepancy in scale: 1.5 million cases against 3.2 billion people at risk. Why no slew of journalistically responsible stories about malaria?

For emphasis: Zika is assuredly important. Too, it is newsworthy.

Typically, Zika leads to a few days of aches and fever. But it has been linked to brain damage in roughly 650 babies. And a very few with the Zika virus also develop a paralysis called Guillain-Barré syndrome (the paralysis is normally reversible).

But, as the opening of the pre-Games U.S. Olympic Committee’s media summit Monday in Beverly Hills, California, underscored, the relentless focus on Zika is at least one and probably several degrees too many.

As things opened Monday, with a session involving several U.S. swim stars, including Ryan Lochte, Missy Franklin and Natalie Coughlin, the first question — with so many amazing stories sitting on stage — was about Zika.

Right after that came a session with USOC chairman Larry Probst, chief executive Scott Blackmun, high-performance chief Alan Ashley and marketing boss Lisa Baird — and a half-dozen questions about Zika.

The leadership group also got questions about doping in Russia, Kenya and Ethiopia. Including: what level of confidence does the USOC have that American athletes, particularly in track and field, will compete on a level playing field? And as a leader in the Olympic movement, does the USOC have any role in trying to shape a fix?

Hello? Don’t such questions pre-suppose that we in the United States are sporting the white hats and everyone everywhere else is not? Talk about short memories. It was only 12 years ago, before the Athens 2004 Games, that the United States, and in particular the U.S. track and field program — in the midst of the sordid BALCO mess — served as world poster child for dirty play.

Or maybe everyone has already forgotten that it was just three short years ago that Lance Armstrong, arguably the king of doping, had his memorable “confession” with Oprah Winfrey.

Oh, and inevitably, here came a question to the USOC leadership about whether the International Olympic Committee ought to consider an “alternate bid city” if “things start to fall apart.”

As if.

The USOC, remember, put Chicago up for the 2016 Games. It did not win. Rio did.

Just try to imagine the diplomatic, political and economic consequences of, for instance, yanking the Games away from their first edition in South America. Or, two years ago, amid the Sochi-is-not-ready whining and wailing, taking the Games away from Russia and Vladimir Putin.

The welcome turn finally came Monday afternoon with a group of track and field stars: Aries Merritt (looking healthy after a  kidney transplant), Meb Keflezighi (the marathon star still going strong in his 40s), Allyson Felix (trying to run both the 200 and 400), Alysia Montaño (a champion pre-, during and post-pregnancy), Dawn Harper-Nelson (thoughtful, eloquent gold-medal hurdler) and Ashton Eaton (decathlon champion and world record-holder who is, simply, one of the truly great guys in Olympic sport).

The track and field group got questions about doping, for sure (Montaño: “not really confident” the playing field is clean). But for the most part the questions were about the athletes, and their stories (who knew Felix loves Beyoncé tunes?).

There are way, way, way more things going on in advance of these Olympics than Zika.

Like Paralympic champion Tatyana McFadden, who — take that, Galen Rupp, with talk of a 10k and marathon double — said from the stage that she intends in Rio to go for seven golds on the track: the 100, 400, 800, 1500, 5k, marathon and relay.

Tatyana McFadden on stage Monday // Getty Images

"You have to transform perceptions," the head of the International Paralympic Committee, Sir Philip Craven, said from two places away. "You only do this with positive experiences."

"I think we have to recognize what our role is," Blackmun had said earlier on the stage. "We're one of 200 countries that participates in the Olympic Games. By definition, you have to have someone in charge of the overall project. Every single Games brings its own unique set of challenges that causes people to question whether the Games should've been awarded to 'X.' "

Fact: it’s going to be winter in Brazil during the Olympics. Zika risk will thus likely be way, way down.

Fact: after the Olympic circus packs up, the people who live in Brazil are still, for the most part, going to be living in Brazil. You want to talk about Zika? No problem. You want to do a story now? Sure. But — make a commitment to get back to the story in a year or two, when the Olympic spotlight is not on.

(Query: last story earning front-page attention about LGBT issues in Russia was — when?)

As Adeline Gray, the female U.S. wrestling world champion who took part in a test event in Rio in January, said afterward, referring to the threat of the virus, "It’s part of traveling. This is something that the people of Brazil have to deal with on a daily basis. The fact that I’m only here for a short time. It’s not really fair for me to freak out about it to that extent. I think if I was planning to have a child in the next month, I would be extremely uneasy about this.”

American Adeline Gray (blue) wrestling Erica Wiebe (red) of Canada during a January test event in Rio // Getty Images

Fact: as the USOC’s leadership made plain on Monday, it’s up to every single athlete to decide for him or herself whether to go to Rio. Prediction: every single eligible athlete will go. That’s what Olympic athletes do. We all live in a world of risk; they live for a moment that comes only once every four years, and maybe just once in a lifetime.

Blackmun said he was not aware of “any single athlete” making the decision not to go.

It was up to Coughlin, the versatile and veteran U.S. swimmer, to put things in some perspective. She took that first question Monday morning about Zika, answering from the stage, “There are always things that are beyond our control at the Olympic Games. This is just one of them.”

Natalie Coughlin posing Monday for the camera // Getty Images

Let us review many of the recent pre-Games hysterias:

Sydney 2000: calendared for September, not July or August. Would anyone watch? Well, yes. Remember Cathy Freeman? Lighting that cauldron of fire? And her 400-meter victory, just one race on what was an amazing night on the track? How quickly the narrative turned — Sydney, best Summer Games ever.

Salt Lake 2002, the first post-9/11 Games: terrorism. Everything turned out just fine.

Athens 2004, the first Summer Games after 9/11: again, terrorism. Many media concerns even put reporters and crew through gas-mask training. Everything turned out just fine.

Beijing 2008: Human rights. Cost overruns. And air quality, with a tornado of stories warning that the skies were going to be filthy and the athletes might not even, you know, breathe. The skies were mostly blue. As for athletic performance: Michael Phelps, eight gold medals. Too inside for you? Outside: Kenya’s Sammy Wanjiru winning the men’s marathon (on a hot, sunny morning) in an Olympic-record 2:06.32.

London 2012: again, terror (the July 2005 underground attacks). Cost overruns. General angst from the “forensic” British press, to use the term favored by now-IAAF president Sebastian Coe. Now London is, in the minds of many outside Australia, considered the best Games ever.

Sochi 2014: LGBT issues. Black Widow bombers. Putin. $51 billion. Hotel rooms not quite ready a few days before opening ceremony. Everything turned out fine.

No less an authority than the Economist — Nelson Mandela’s magazine of choice during his 27 years of imprisonment at Robbin Island — published a feature a few days ago under a headline that declared, “An Olympic oasis,” and, underneath, asserted in plain terms that Zika “will not be much of a threat to the Rio Games.”

It went on:

“There is already much to celebrate about the Rio Olympics, though with their city turned into an obstacle course of road works for the new metro and bus lanes, cariocas” — what the locals call themselves — “may not yet feel like cheering. There has been no obvious waste or corruption. The city has used the Games as a catalyst for a wider transformation.”

The mayor since 2009, Eduardo Paes, “tore down an elevated motorway that scarred the old port, burying it in a tunnel. The port area now hosts new museums and public spaces; next month a tramway will open there. Apart from better public transport, the Olympics may bequeath an overdue revival of Rio’s decayed and crime-ridden historic centre. If urban renewal were a sport, that would win a gold medal.”

You want a story, ladies and gentlemen? That’s a story.

 

Wrestling: now, the spotlight

Russia massed troops and armored vehicles Thursday in at least three regions along Ukraine’s eastern border, the New York Times reported. In Washington, the Obama Administration deferred a request from Ukraine’s interim government for arms and ammunition, the Wall Street Journal reported.

Here in Los Angeles, the Ukrainian and Russian men’s freestyle teams are poised to wrestle this weekend as part of the year’s biggest tournament, the 10-team World Cup. Sports diplomacy, such as it was, was left to dinner late Thursday. At a pre-meet news conference at a hotel near Los Angeles international airport, the Ukrainians weren't on hand, leaving it to the Russian coach, Christakis Alexandridris, to hit the right notes. He said, speaking through a translator, “We live in a world where we can not do about politics, nothing. From our side, all the country, our politics is wrestling. That is the main goal — to be here.”

eam leaders Christakis Alexandridis of Russia (right) and Eduard Nosadchyy of Ukraine shares smiles over dinner in the Team Dining Room, prior to the 2014 FILA Men’s Freestyle World Cup of Wrestling. // photo courtesy USA Wrestling

For a sport that a year ago was literally struggling just to stay relevant, Olympic wrestling — yes, wrestling — is all of a sudden one of the most captivating, dynamic, provocative things going.

This weekend’s World Cup — at the newly renovated Fabulous Forum in Inglewood, where the Lakers used to play, you know, when they would win — is action-packed with storylines.

The annual dual-meet competition has returned to the United States for the first time in 11 years.

Last year, the meet was held in Teheran. The Iranians won. Just to set the scene — the Iranians have been first or second in the last five World Cups, seven of the last eight.

In Teheran, the Russians came in second, the Americans third.

The Ukrainians were not there. They qualified for the LA World Cup by finishing in the top 10 — fourth — at the 2013 world championships, held in Budapest. Ukraine is back at the World Cup for the first time since 2011.

Russians tend to be very big on wrestling, and if the promoters were smart, they would have made sure that in particular the Russian-speciality stores around Fairfax and Melrose avenues in LA were big boosters of this event. No less an authority than actor Billy Baldwin,  the honorary chair of the weekend event who will be working the TV booth for Universal Sports, declared at the news conference that “half a million” people with some connection to Russia call Southern California home.

Another current: relations between Russia and the United States. Note that while President Obama and the Canadian prime minister, Stephen Harper, bet some beers on the outcome of the men’s and women’s hockey games at the Sochi Olympics, Mr. Obama and Vladimir Putin — not so much.

Alexandridris, again: “Our federation, our team have the best friends on the American team. They are our partners. Every political change in Russia, they have always been our friends. And we are their friends. This will carry on in the future.”

Putin, of course, played a vital role in ensuring wrestling stayed on the Olympic program, the International Olympic Committee reinstating it last September through an all-members vote.

“We are here to make sure wrestling stays in the Olympic family,” Alexandridris said, adding a moment later, “That is what we have to strive [for] — all the teams here.”

The Turkish coach, Adem Bereket? A Sydney 2000 Games bronze medalist, he spoke not Turkish but Russian at the news conference, saying he brought a young team, acknowledging that in Pool A, “Our group is very strong. We have America, Iran. We try our best.”

Were it not for the escalation of tensions between Ukraine and Russia, certainly much more attention would be paid to the matchup — Saturday evening — between Iran and the United States, again in pool play.

More background:

The 2013 World Cup in Teheran took place just after the initial IOC executive board decision to yank wrestling off the Olympic program.

Jordan Burroughs, the U.S. middleweight gold medalist at the 2012 London Games, said Thursday he had originally been scared to go to Iran. He also allowed as he had watched the movie “Argo,” about the covert operation to rescue six U.S. diplomats from Teheran amid the 1979 hostage crisis, which exacerbated his concern.

Just to make things all the more interesting — in London, Burroughs had to defeat Iran’s Sadegh Saeed Goudarzi for the gold.

As it turned out, Burroughs said, the scene in Teheran was “awesome,” the Iranian fans “great,” treating him “better than I had ever been treated in my entire life.”

Last May, as part of the Olympic reinstatement campaign, the Iranians wrestled in New York. Then they were supposed to fly directly to LA for more wrestling. Didn’t happen. They flew right back to Iran, never really explaining why.

Asked what happened, the Iranian coach, Ali Reza Rezaie, an Athens 2004 Games silver medalist, didn’t really explain why — again.

Through a translator, he said initially, “The conditions were not prepared to bring the Iranian team at that time to Los Angeles. The goal was to come to New York. After competing in New York, [we] decided to go back to Iran for some conditions.”

The follow-up question — what about now? He didn’t answer directly, saying, “There is not any specific reason. But since we came to New York, we decided not to come to LA.”

A third try: “There is not any particular problem to come to LA. Right now, here, we are here for World Cup. LA is hosting. So we are here to compete for World Cup.”

Did anybody expect anything different?

Making the Iranian pull-out last year all the more mysterious is that there absolutely, positively are hundreds of thousands who claim Iranian descent in Southern California. Indeed, Iranian fans were waiting to welcome the team — the wrestling team! — upon arrival at LAX.

Understand — in Iran, wrestlers are the soccer team in Spain, or NBA or NFL stars here in the United States.

“We really enjoy coming to the United States,” Rezaie said, adding a moment later, “We really feel at home. We don’t have any problem coming here.”

Which is why, for the United States — again, third last year in Teheran — winning the 2014 World Cup is a priority.

“This is a bullseye for us,” the U.S. coach, 1991 world champ and Barcelona 1992 silver medalist Zeke Jones said. “We want to win this competition. Make no mistake.”

And for lots of reasons:

— To grow wrestling in the West, and especially in California. Contrary to the widespread American imagination, which might fix wrestling as something done in places such as Iowa, Michigan or Pennsylvania, California is USA Wrestling’s biggest membership state, Jones said.

“If we can have just one kid be inspired,” by the likes of Burroughs or Tervel Dlagnev, the U.S. super-heavyweight, or "even by an Iranian or a Russian wrestler, it inspires them to say, ‘I want to be an Olympic champion,’ and in California, that’s a place we can do that. We have had a tremendous legacy and tradition. Stephen Abas. Dave Schultz. Mark Schultz. I mean, the list goes on and on of our great wrestlers in California.”

— To promote wrestling itself. Even though the sport saved itself last year — that was so last year. Everyone involved understands wrestling has to keep proving that wrestling is, indeed, vital.

That’s why, for instance, Burroughs appeared Wednesday night on Arsenio Hall’s talk show. It’s why, too, he had this to say Thursday:

“We definitely need to kind of portray our sport as the great sport that it is. You watch ESPN and you see poker on ESPN more often than you see wrestling. I think — I don’t think people aren’t interested in wrestling. Wrestling’s a very interesting sport. It’s a great sport. It’s extremely exciting to watch. You just have to give it to the people where they have viewership, they can see it, they can be interested in it, follow it, do a lot of different aspects of social media, be on the internet, television and all those different kind of outlets.”

Wrestling could not ask for a better spokesman than Jordan Burroughs. The man is exceptionally thoughtful and well-spoken. He also had this observation when asked what the sport needs:

“It’s going to cost a lot of money, probably, but I would put us on on TV. I would take our best athletes and just put them on a large media [platform] — 'Mike & Mike' in the morning, ESPN, 'Pardon the Interruption,' all these different shows, the Ellen DeGeneres Show, Oprah Winfrey, whatever it is. A lot of different stuff. Because wrestlers are interesting personalties and are very appealing to general audiences.

“You know when you see a football player outside of his helmet, it’s like, those sports are getting recognition. Ask a guy what he did in high school and he probably played football or he wrestled. We’ve got a number of professionals who are successful people. We’ve got a number of connections through people who understand that, who recognize it, who give us the respect that we deserve. We have been asking for it. But it’s like — we don’t have to go out and beg for attention. You know, it’s like a dog. You go to your owner and you beg for food. We don’t want to be like that. We just want to do what we do  — that’s wrestle at a high level. Hopefully the recognition will come our way.”

And when, at an event like this weekend, there’s an overlay of perhaps potentially profound geopolitics?

“This is wrestling,” Jordan Burroughs said.

“Outside of all the politics, this is my occupation. I think the media kind of portrays a number of ideas on the actual event. Outside of everything that’s going on around the actual event, it’s a wrestling match. I’ve been wrestling since I was 5 years old.

“Regardless if I don’t like the guy across from me, regardless if our governments are arguing, we’re going to go out there and do what we’re best at, and that’s wrestle. We try to keep it within the circle. That circle is all that matters. Everything that’s going on outside, the turmoil, problems at home, problems with politics and governments and all that good stuff — it’s out of our reach, out of our grasp. So we just go out there and compete.”

UCI's belated preemptive strike

Cycling's international governing body, which goes by the acronym UCI, "did not protect" Lance Armstrong as he cheated his way to the seven Tour de France titles that have since been stripped from him, a new file prepared by the federation asserts. "Every decision by the UCI concerning Armstrong -- and indeed every other rider -- was taken in compliance with the known facts and with the science available at the time," says the file, sent out Monday to national cycling federation presidents, describing the UCI as a "pioneer" in the anti-doping campaign and "at the forefront" of "many new technical advances."

In an accompanying letter, UCI president Pat McQuaid declares, "For the past 20 years, the UCI has done everything possible in tackling the scourge of doping in sport."

The exuberance of these declarations, and the timing of the file, must be understood in context. McQuaid is in a reelection campaign, and most of the Olympic world, including the International Olympic Committee executive board, will be gathering in two weeks in St. Petersburg, Russia, for what's called the SportAccord convention.

Pardon the oxymoron but this is, in essence, a belated preemptive strike.

Belated, of course, because the U.S. Anti-Doping Agency's so-called "Reasoned Decision," which lays out the case against Armstrong in breathtaking fashion, came out last October.

Then, in January, came Armstrong's televised confession with Oprah Winfrey.

Now, for a variety of reasons, it's in McQuaid's interest in particular for UCI to appear transparent.

He says in the cover letter that UCI "remains committed" to an "independent audit' of UCI's "behavior and practices" during "the Armstrong years.  Armstrong won seven straight Tours de France, 1999-2005, retired, then raced again in the Tour in 2009 and 2010.

Further, McQuad says in the letter, "I can also confirm that the UCI has agreed to release all test data in our possession concerning Armstrong to both WADA," the World Anti-Doping Agency, "and USADA."

And, he says, UCI is discussing with WADA "a process that will allow a full examination of doping in the peloton in the past so that we can learn all the lessons that need to be [learned.]"

The 14-page file itself covers a range of topics that by now are familiar elements of the Armstrong tale, traversing the 1999 test for corticosteroids at the Tour de France to and through Tyler Hamilton, Floyd Landis and Armstrong's two donations to UCI.

"Many of the allegations leveled at the UCI have been comprehensively answered and debunked," the file says on page one.

The issue, of course, is whether this file -- in its bid to relay the truth -- tells the whole story. As the file circulated Monday around the world, there were those who found plenty to question.

Travis Tygart, the chief executive officer of USADA, called it "simply another political move full of self-serving excuses and rationalizations and not the decisive action UCI promised the world over seven months ago now."

Tygart called the file "a 14-page letter with no evidence," issued "in response to more than a decade of a corrupt culture of drug use," and  labeled it " nothing short of shameful."

As an example of whether the file merely relays events but also fixes them in the big picture, consider the matter of Armstrong's 2001 Tour of Switzerland tests.

Armstrong was tested five times in that race. Three of those five samples were tested for EPO, the blood-booster erythropoietin. All were negative. Two, though, came back with notes from the lab as "strong suspicion" for EPO with numerical readings of 75.1 and 70.0; a positive reading was 80.0.

It is therefore "clear and irrefutable," the file says, that the UCI did not conceal anything.

True.

At the same time, as other UCI documents have also made clear, Dr. Leon Schattenberg, a member of the UCI anti-doping commission, told Armstrong and then-U.S. Postal Service team leader Johan Bruyneel of the suspicious test results a few days later, at the 2001 Tour de France.

This was a "normal" UCI policy at the time, "done so that the rider, if he was indeed doping, would stop doing so and the other competitors would be protected," according to UCI documents.

Armstrong "asserted strongly" that it was "completely impossible" for him to have produced a suspicious test as he "categorically denied doping," and went on to question the EPO test itself, as those documents relate.

The entire 2001 Swiss affair galls UCI critics.

They ask: if you were serious about doping, if you were genuinely a "pioneer," what would you do about a competitor -- indeed, the sport's star rider -- who was "strongly suspicious"? Would you essentially give him a field course about how the latest new test works and how close he was to flunking it -- and thus about how, if he were smart, he had better get back in line?

Or would you, knowing he was "suspicious," wait to actually catch him?

Moreover, wouldn't you want to submit the other two tests at the time for EPO? Or test them later -- as was allowed under the rules -- for EPO? And then, later, when you had reason to know, or at least to believe, that numerous witnesses were testifying to Armstrong's use of EPO, wouldn't you provide that evidence to USADA during its investigation, particularly after repeated requests?

Then there is the matter of Hamilton.

On page 11 of Monday's file, it notes that in 2004 Hamilton was caught blood doping and "concocted a story about a vanishing twin brother," adding, "Had Hamilton not been caught by the UCI, he would never have eventually confessed and then testified against Armstrong."

OK -- except that Hamilton fought the matter for years. A confession was a long time in the making. So was testimony against Armstrong. And then, as the USADA "Reasoned Decision" makes plain, when Hamilton had offered his cooperation to U.S. law enforcement officials, Armstrong told him, "I'm going to make your life a living … f-ing … hell."

The file sent out Monday says it was UCI that in 2006 found out that Landis had tested positive for banned testosterone. "If that had not happened," the file says, "Landis would never have eventually testified against Armstrong."

Except, again, that ignores the ferocity with which Landis fought the charges, indeed the book he wrote denying culpability, the hundreds of thousands of dollars that USADA -- not UCI -- spent prosecuting the case and more. UCI would not even give USADA Landis' test data, which assuredly would have been helpful in the prosecution of the case.

It is perhaps worth recalling that in October, 2012, within a couple weeks after the Reason Decision was issued, McQuaid seemed full of scorn for Landis and Hamilton for providing evidence to USADA about the doping system in place at the U.S. Postal team:

"Landis started it. He was in a bottomless hole and he said the only way out of it was to bring the sport down. That's what he intended doing and what he intends doing but he won't achieve it.

"Another thing that annoys me is that Landis and Hamilton are being made out to be heroes. They are as far from heroes as night and day. They are not heroes, they are scumbags. All they have done is damage the sport."

As for the two donations Armstrong made to the UCI -- the file asserts there is "no relationship" between testing and the money. From the UCI's perspective: Armstrong never tested positive; there was no test to conceal; therefore, how could there be any incentive to conceal any test?

The file adds detail to the donations.

It has long been known that there were two donations, one of $25,000, the other of $100,000.

The $25,000 came in May, 2002. It was used to finance testing in the junior (17-18 year-old) and under-23 (19-22 year-old) ranks, the file says.

Armstrong offered the $100,000 in the first half of 2005, to be used to buy a new Sysmex blood analyzer, which counts reticulocytes, or new blood cells. Such cells can serve as markers for blood doping; an athlete who is using EPO or who is blood transfusing typically would not be producing new blood cells in the normal way.

The UCI bought the machine in July, 2005, paying for it with its own money. That's because, the file says, Armstrong hadn't yet made good on his offer and the machine was "urgently needed for the fight against doping." Armstrong was "reminded of his promise later in 2005 and again in 2006," eventually sending the money in January 2007, a year and a half after he had retired, the file notes.

"With the benefit of hindsight, in particular given his subsequent confessions, it is clear that Armstrong deceived his sport, as well as the UCI, and that it would have been wiser not to have accepted these donations from him."

Which is the issue critics have in the first instance with the donations themselves, right?

"Nevertheless," the file goes on to assert," the donations had no influence on the UCI's testing of Armstrong," nor on any anti-doping entity.

 

Armstrong's 2001 Swiss Tour: no cover-up, "suspicious" tests

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For nearly a dozen years, speculation has swirled that Lance Armstrong failed at least one doping test at the 2001 Tour of Switzerland, in particular for the blood-boosting drug erythropoietin, or EPO. Even as Armstrong has in recent months acknowledged the serial doping that won him seven straight Tour de France championships from 1999 to 2005, the matter of the 2001 Tour of Switzerland has remained contentious.

Anti-doping officials have made plain their assertion Armstrong’s tests were “suspicious” for EPO. Many have wondered if there was a cover-up. Leaders from cycling’s international governing body, which goes by the acronym UCI, have said there was nothing to cover-up because Armstrong never tested positive.

Now, finally:

During the 2001 Tour of Switzerland, according to the lab reports themselves, Armstrong never tested positive.

At the same time, two of his samples were, indeed, categorized as “highly suspicious.” But after extensive testing – all of it conducted in the summer of 2001 – neither met the standard to be formally declared positive.

The lab results are included with a five-page letter sent Thursday from UCI president Pat McQuaid to World Anti-Doping Agency director general David Howman. USADA, copied on the letter, concerned with what it called “numerous inaccuracies and misstatements,” issued a seven-page response on Friday, signed by general counsel William Bock III.

Both letters, now circulating in the international sports community, were obtained by 3 Wire Sports.

In the UCI letter, McQuaid asserts the lengthy explanation and the documents themselves “finally puts pay to the completely untrue allegations” of a positive 2001 test and “any subsequent cover-up by the UCI.”

For the UCI, it must be understood, this is a – if not the – key point: no cover-up.

To emphasize that point, McQuaid says the UCI would be “very grateful” if WADA or USADA would make a public statement “confirming the information in this letter,” keeping in mind the “great damage” done to UCI’s reputation “by these false and scurrilous allegations.”

The USADA response: if UCI officials had “strong evidence” way back in 2001 that Armstrong was using synthetic EPO, why didn’t they do something about it then?

To that end, the USADA reply includes a “short list” of 10 “new concerns” and a request for seven buckets of new information relating to Armstrong tests for the years 1999-2010.

Its letter asserts the documents the UCI turned over were “quite incomplete” but also says, “USADA is thankful that the UCI has now belatedly come around to USADA’s position that it is appropriate for the UCI to share with USADA and others in the sports world Mr. Armstrong’s test results.”

As recited in the USADA “Reasoned Decision,” issued last October, which sets forth in detail Armstrong’s pattern of doping, the 2001 Tour of Switzerland – a warm-up for the Tour de France – took place from June 19-28.

Armstrong won the event.

Tyler Hamilton and Floyd Landis, both former Armstrong lieutenants, provided USADA with affidavits. Armstrong said or implied he had tested positive in the Swiss race but had been able to “make the EPO test result go away,” according to USADA’s case.

Armstrong’s conversation with Hamilton was in 2001, with Landis in 2002. Landis recalled Armstrong saying he and team leader Johan Bruyneel “flew to the UCI headquarters and made a financial agreement to keep the positive test hidden.”

It has long been public knowledge that Armstrong made a significant contribution to help the federation in its anti-doping efforts. UCI documented the payments last October, two contributions totaling $125,000, McQuaid saying then it was “absolute rubbish” to suggest they had been given to cover up a test.

In his January interview with Oprah Winfrey, Armstrong said the donations were “not in exchange for help. They called and said they didn’t have a lot of money; I did. They asked if I would make a donation, so I did.”

McQuaid, last October, contrasting UCI’s finances with those of soccer’s wealthy governing body FIFA, said UCI would still accept such a donation – even now. “But,” he said, “we would accept it differently and announce it differently than before.”

The intent with regard to the lab documents, McQuaid said in the UCI letter, was to present them to a so-called “independent commission” that was under consideration after release of the USADA case against Armstrong. That commission, though, never got going, disbanded earlier this year after discussions with WADA.

Given that development and other issues related to USADA, UCI opted to send the lab results Thursday to WADA.

Armstrong’s “public confession has now lifted any confidentiality issues,” the UCI letter notes.

Armstrong was tested five times during the 2001 Tour of Switzerland – on June 19, 20, 26, 27 and 28.

Three of those five included EPO tests – June 19, 26 and 27.

The accredited lab at Lausanne, Switzerland, conducted the battery of tests.

“As you can see,” the UCI letter says, “every analysis result for Lance Armstrong is reported by the lab as being negative.”

Even so, both the June 19 and June 26 samples contain the same remark. Translated from the French: “strong suspicion of the presence of EPO, the positivity criteria are not all met.”

The June 27 sample simply says, negative.

The June 19 sample was originally tested on July 6; the June 26 sample on July 12. They were sent to and received by the cycling federation after the July 7 start of the 2001 Tour de France, the UCI letter says.

Both samples were then run through more extensive testing.

To simplify the complicated science:

The Lausanne lab considered a sample positive if what are called “basic bands” registered above 80 percent. It considered it “highly suspicious” if it fell above 70.2 and below 80.

Armstrong’s June 19 sample was numbered 106209.

The secondary report was done on Aug. 10, 2001.

The percentage: 75.1.

The July 6 test results from the June 19 sample, with the French notation for "strong suspicion" of EPO usage, triggering further testing

The results page for the June 19 sample, established Aug. 10, 2001, showing a 75.1 percentage: "highly suspicious"

Armstrong’s June 26 sample was numbered 106106.

The latter report was done on Aug. 7.

The percentage: 70.0.

Even though it fell just outside the category of “highly suspicious,” it was nonetheless categorized that way.

To McQuaid, the conclusion was thus, as he declares on page 3 of the UCI letter: “I reiterate therefore that not one of Armstrong’s samples could in any way have been considered to be positive results.”

The USADA response asserts, in part, “It is now apparent that the UCI has long had in its possession multiple samples from Lance Armstrong which contained synthetic EPO and which raised strong concerns regarding the legitimacy of all of his competitive results since at least 1999. It is shocking and disheartening that the UCI would accept cash payments from Armstrong after the UCI had test results in its possession demonstrating that Armstrong’s samples contained synthetic EPO.”

The USADA letter asks why, among other issues, the UCI did not pursue a case against Armstrong based on those samples and samples from other races in combination with other so-called “non-analytical” evidence, such as witness statements. To not do so, the USADA letter asserts, “appears to have been grossly negligent or worse.”

Armstrong and Bruyneel were told about the suspicious tests during the 2001 Tour de France; Armstrong categorically denied doping, according to the UCI letter. He also questioned the reliability of the EPO test, which had been put into practice just four months before, on April 9, 2001.

During the 2001 Tour de France, Armstrong was tested 10 times, and five times for EPO at the request of the UCI, according to the UCI letter.

The French lab, outside Paris, reported all the results as negative. The highest percentage: 72. This result was not even reported as suspicious, the UCI letter says, noting that the Lausanne and French labs did not use the same criteria.

 

Like air in the tires or water in the bottles

My first nine years at the Los Angeles Times were spent covering hard news. The 1990s were incredible years to be a news reporter in Southern California: wildfires, earthquakes (Thursday marked the 19th anniversary of the devastating Northridge quake), riots, the Menendez brothers and, of course, the O.J. Simpson matter. When I moved over to the sports section in 1998, and almost immediately started covering the Olympic movement, a friend at the New York Times told me, referring to the athletes I was now covering, "You know, they're all doping."

That initially seemed -- implausible.

I learned quickly.

Indeed, and to be fair, not all of them were doping.

Then I met, for instance, Marion Jones.

And then others. Along the way, I covered the BALCO affair.

In 2005, and Lance Armstrong knows this, because I have told him about it, I took my wife and three children to Paris to watch him cross the finish line on the Champs Élysées, a winner of the Tour de France for a record seventh time.

You might want to remember this, kids, I told them then. For a lot of reasons.

Did I know that day in Paris that Armstrong was a cheater? After everything I had learned by then, it was patently obvious it would be inordinately difficult to win the Tour -- especially the years Armstrong was riding -- without performance-enhancing drugs, in particular the blood-booster EPO.

But where was the proof?

The proof came the next year, in the form of tests, testimony and other documents that emerged in the course of litigation over a bonus Armstrong claimed for the 2004 Tour from a Texas company, SCA Promotions, Inc. In the course of my reporting, it became clear what was what. Even so, the case had been settled, with SCA agreeing to pay millions of dollars.

The Times printed what it could.

In our house, the truth of the matter was understood.

As was this: truth always emerges with time.

Everyone who ever watched Lance Armstrong ride the bike took a hesitant step toward the truth Thursday with the first of his two-part interview with Oprah Winfrey. Part two airs Friday.

To be clear, the 90-minute Oprah show Thursday is nowhere near a full and complete accounting of the record. Armstrong did not, for instance, address what really happened in a hospital room in Indianapolis in October, 1996 -- when Betsy Andreu, the wife of a teammate, says he admitted illicit drug use.

Though he admitted in Thursday's show to doping through his Tour wins, Armstrong did not name names. One can only imagine the advice his lawyers -- understandably viewing the possibility of millions of dollars of civil liability, not to mention the possibility of criminal exposure -- gave him before he went on-camera.

Of all the things that were so striking -- and different people will of course see things differently -- it wasn't just Armstrong's affect, which often came off in this first part of the interview as flat, or that he acknowledged the way he so readily bullied so many people, Betsy Andreu and others.

It was the matter-of-factness about the doping.

It was, he said, like air in the tires or water in the bottles.

Moreover, he said, he didn't consider doping cheating -- even though he also did acknowledge that the oxygen-boosting drugs he was taking were, in his words, "incredibly beneficial."

Further, he never really worried about getting caught. Even though he was, in 1999, for instance, with a corticosteroid positive -- which got explained away.

He said he viewed doping as leveling the playing field.

He said he looked up what it meant to "cheat," and it said "to gain an advantage on a rival or a foe," adding in an implication that his significant rivals in the field were doping as well, " I didn't do that."

Wrong.

Cheating means breaking the rules.

It's also absurd to assert that a race among dopers is a level playing field. As another of Armstrong's former teammates, Jonathan Vaughters, has explained, there are three reasons why:

One -- Athlete A might get a bigger boost than Athlete B from using the same doping technique. Two -- Athlete A  might physiologically adapt better to a particular drug than Athlete B. Three -- athletes with greater resources are typically going to have access to better doctors, better coaches and better drugs.

At the time he was cheating, Armstrong said, he didn't feel bad about cheating at all. Not in the least.

Let's be candid. The primary reason Armstrong is talking now is because he wants to compete in triathlons, and he can't because he has a life ban hanging over him because he got caught.

Why did he get caught? Because the U.S. Anti-Doping Agency pursued the truth when others -- including the U.S. Attorney's office in Los Angeles -- would not. Why that office last year mysteriously dropped an inquiry into Armstrong's conduct remains an open question.

If Armstrong's comments to Winfrey awaken the rest of America -- and, indeed, the world -- to the culture of doping that has beset not just cycling but track and field as well as baseball and other sports for far too many years, then it will have done good.

A culture that considers doping like air in the tires or water in the bottles is insidious, and must change -- or be changed by others who understand better not just what is right but what is good about sports.

As far as Lance himself -- he knows already that this public-relations ploy isn't going to get him where he wants to go. But as he explained on-air, he has thrived on control, and this is a way for him to test what it's like to tell the truth.

To see the tape of himself on the podium in 2005, to relive that day in Paris, when he was given the microphone and said, "I'm sorry you can't dream big and I'm sorry you don't believe in miracles" -- it's all so awkward now, even ugly, perhaps for him as well, because as he told Oprah, "Watching that -- that's a mistake."

But this is the crux of it:

What was the real mistake?

Doping?

Or -- getting caught?

“Tonight," the chief executive of USADA, Travis Tygart, said in a statement issued after the television show aired, "Lance Armstrong finally acknowledged that his cycling career was built on a powerful combination of doping and deceit.

"His admission that he doped throughout his career is a small step in the right direction. But if he is sincere in his desire to correct his past mistakes, he will testify under oath about the full extent of his doping activities.”

 

 

 

Lance Armstrong, and the time for accountability

There are two plays going on in the matter of Lance Armstrong. One is to the court of public opinion. That's why he's talking to Oprah Winfrey. It's good for ratings, probably, but substantively may ultimately prove little. Lance Armstrong got caught in a big lie and now he wants something, so anything he says publicly has to be measured against what he wants.

Which leads directly to the second play: Lance Armstrong wants to compete again. To be clear, his cycling career is done. It's not that. Instead, he wants to compete in triathlons.

And so he's trying to figure out how to do that.

The challenge is that the one thing that has always been the hallmark of the Armstrong way has been stripped from him.

Which is: control.

In its damning report, issued in October, the U.S. Anti-Doping Agency made plain that Armstrong had "ultimate control" over his own drug use, and the doping culture of his team, which it made plain was the most sophisticated and well-run scheme in sports history.

In particular, he controlled -- there was a code of silence on his team -- the fact that he doped to win.

As it all came crashing down, Armstrong sent out by Twitter the photo of himself lying around with his seven framed Tour de France jerseys.

The message could not have been more clear: Lance, king of the Alps, believed he was still in control.

That was a fundamental miscalculation.

You can bet that he and his legal team were stunned not only to see the riders he thought were his guys turn against him but, more important, the breadth and depth of the file USADA made public.

That was the game-changer.

Now, with sponsors fleeing or gone, he has to try to assert control of his narrative.

Thus, Oprah.

But choosing the time, place and manner of your "admission" -- or whatever this turns out to be -- is not real.

What's real is testimony, delivered under oath, preferably subject to cross-examination. Anything else is just noise.

If you want to lie under those circumstances -- like Armstrong did in 2006, when in connection with a contract dispute brought by the Texas company SCA Promotions, Inc., relating to a 2004 Tour de France bonus payment -- then you get to face the consequences.

Which is one of the tap-dances Armstrong has to try to perform now, and why anything he tells Oprah ought to be measured against what he said under oath six years ago.

It's not enough to be apologetic, or deliver contrition, or offer a confession of sorts.

Now is the time for accountability.

It's this way when it goes bad on Wall Street and in lots of other areas of American life. The authorities can get involved, and they might or might not have their own ideas about your finances, sometimes even your liberty interest, and then you have to play by their rules, not yours.

This is how these things go. This is what USADA has made clear, and why -- according to the New York Times -- Armstrong is in discussions with the U.S. Department of Justice to possibly testify in a federal whistle-blower case involving the U.S. Postal Service team.

It's not hard to figure out what USADA and the public authorities want to know: who funded the scheme and who else knew about it, and at what levels -- how high -- in international sport.

If you think about it, that thread of inquiry is not so different from the kind of thing you might find at your local courthouse. Imagine a drug case involving, say, methamphetamine or marijuana -- the cops and prosecutors are typically far more interested not just in the end user but in the financiers and in the protection.

Meanwhile, the International Olympic Committee, which is even now engaged in a far-reaching review of the roughly two dozen sports on the Summer Games calendar, has to be looking at what is going on in cycling with renewed interest. Baseball was kicked off the Olympic program in no small measure because of doping-related issues.

If it seems far-fetched to imagine the Olympics without cycling, it does not seem like much of a stretch to imagine cycling's top officials under intense scrutiny in the coming weeks and months, with even their IOC privileges at issue. USADA and the World Anti-Doping Agency both made plain Tuesday that they would offer no cooperation with an "independent commission" being set up by cycling's international governing body, which goes by the acronym UCI.

In the long run, the only thing that will clean up up the sport itself is, as USADA has proposed, a "Truth and Reconciliation" and amnesty program.

In the meantime, Armstrong is not going to get out of a lifetime ban by talking to Oprah. That's just -- ridiculous.

It's what he has to say when he's not on television that matters. And that's going to take a while yet to unfold.

That said, a read of the World Anti-Doping Code strongly suggests that even if he were to name names -- even big names -- the best he could do is, first, get a hearing and then, maybe, get life knocked down to eight years.

Armstrong is now 41. Eight years makes him 49.

Which sort of makes you wonder what the Oprah thing is really all about. And when, if ever, Lance Armstrong is going to tell the whole truth, and nothing but.

Because that would be a show worth watching.

 

Lance Armstrong under oath

As Lance Armstrong's interview with Oprah Winfrey nears, the World Anti-Doping Agency has made clear he must confess under oath to seek a reduction in the life ban announced in October for doping. Armstrong has testified under oath before. It may now shed light on his demeanor as well as his credibility to revisit comments he made under oath in 2006 in connection with a contentious contract dispute.

Like many if not most commercial arbitrations, the proceedings were held in confidence. Over the years, Armstrong's remarks nonetheless have made their way to the public record. That said, his testimony has perhaps not been extensively excerpted.

A Dallas company, SCA Promotions, Inc., had offered to pay Armstrong a bonus if he won the 2004 Tour de France. He did. The firm then resisted making the payment after allegations of doping surfaced. The matter proceeded to arbitration.

Under oath, Armstrong testified Jan. 12, 2006, in Dallas, before a three-person panel.

The case would be settled before the panel took action, SCA agreeing to pay the $5 million fee, plus interest and attorney costs, a total of $7.5 million.

In the aftermath of the U.S. Anti-Doping Agency report issued last October that said Armstrong doped to win the Tour de France titles from 1999 to 2005, SCA has made plain it wants its money back.

Armstrong was represented in the SCA matter by his longtime attorney, Tim Herman of Austin, Texas. SCA was represented by Jeffrey Tillotson, a Dallas lawyer.

Here are excerpts from Armstrong's Jan. 12, 2006, sworn testimony.

For context or comparison, some excerpts also contain information from the October USADA report.

--

Volume 7, p. 1346

Herman: Well, you've talked about professional cycling and, frankly -- I mean, not just in here but in the press, I mean, you've been called brash, you've been called direct, you've been called, you know, heartless, et cetera. Tell us -- how do you feel about those characterizations of your personality?

Armstrong: You know, we were competitive. We had one goal and one ambition and that was to win the greatest bike race in the world and not just win it once, but to keep winning it. And I suppose we could have been viewed as ruthless and evil and mean and cheaters and crooks and thieves and frauds, but we were not particularly remorseful to the people that came across us. We had this goal, this ambition, and we were asked to do that by our fans and by ourselves and by our sponsors and to perform and do our job.

--

p. 1355-56

Herman: In 1995, during the season, did you engage in any -- well, let me just ask you this, first of all, have you ever engaged in any performance enhancing, any prohibited substance?

Armstrong: No, never.

Herman: Ever?

Armstrong: Ever.

Herman: It's been suggested that individually certain members of the Motorola team began such a program in 1995.

Armstrong: Uh-huh.

Herman: Do you have any knowledge of that at all?

Armstrong: Well, only based on what I've heard through -- through situations like this or cases like this. You know, if you say individually, you know, I don't know if somebody individually beats their wife. I don't know if somebody individually takes EPO. I don't know. I can speak for myself and tell you that that  never -- on both counts. I would never beat my wife and I never took performance-enhancing drugs. But what riders do at home and in the privacy and comfort of their own home I can't comment on.

--

[Betsy Andreu, the wife of Frankie Andreu, an Armstrong teammate, testified that during an Indianapolis hospital visit in October, 1996, she heard Armstrong tell a doctor he took various banned drugs, including EPO]

p. 1366-67

Armstrong: We were in the room. I don't recall anybody coming in to take medical records, nor do I understand -- a couple of things, why they would have come in three days after brain surgery when they clearly would have taken medical records before, why they would have come in and asked those questions in front of your friends, specifically your mother, during a Cowboys game, and why I would have answered I've taken this, this, this and this when I've never taken performance-enhancing drugs. So when I put those together, I try to understand why that happened and I don't understand that.

--

USADA p. 31-2: On the first day of the [1999] Tour Lance seized the yellow jersey by winning the prologue. A few days later the USPS team was notified that Armstrong had had a corticosteroid positive. According to those who were there, Armstrong did not have a medical authorization at the time to use cortisone and the positive drug test set off a scramble.

… Emma O'Reilly was in the room giving Armstrong a massage when Armstrong and team officials fabricated a story to cover the positive test. Armstrong and the team officials agreed to have Dr. Del Moral backdate a prescription for cortisone cream for Armstrong which they would claim had been prescribed in advance of the Tour to treat a saddle sore. O'Reilly understood from Armstrong, however, that the positive test had not come from a topical cream but had really come about from a cortisone injection Armstrong received around the time of the Route du Sud a few weeks earlier.

p. 1369-70

Herman: It's been suggested that -- that you had a positive drug test for cortisone during the 1999 Tour de France. Explain to the panel what really happened.

Armstrong: Well, what really happened is what the test indicates is that I was given a topical cream for what we call a saddle sore, which is a -- I don't know how to describe a saddle sore, but it's common in cycling, if you sit on a bike all day long. A topical cream to alleviate that, to take the pain away, make it go away, and there were traces of cortisone found in the urine. Had that been a -- used for performance enhancing ways or means, you would have seen that in the test, but the test completely indicated topical cream.

Herman: And did the traces that showed up -- did they meet the threshold for a positive test in any event?

Armstrong: No.

Herman: It's been suggested by some that you scurried around and got a post-dated or predated prescription for your tropical cream; is that true?

Armstrong: Not -- no, not true.

--

p. 1377-78

[on the 2000 Tour de France]

Armstrong: … [B]asically, the entire [French law enforcement] investigation centered in and around the drug called Activogen [sic], which was carried for one of our staff members for whatever reason he needed it.

… Activogen, of course, was approved to bring into the country. That's the reason it was there for the staff member. They refused to acknowledge that. It didn't matter that their minister of health had stamped that approval. But this was a mysterious thing for them. They thought that this was some nefarious EPO substitute.

And that was the case …

USADA p. 43-45

Writing about the French investigation and the substance Actovegin on his website, Armstrong said:

'I will say that the substance on people's minds, Activ-o-something … is new to me. Before this ordeal I had never heard of it nor had my teammates.

… Actovegin was, in fact, and contrary to Armstrong's and the team's statements, regularly used by the riders on the team and was regularly administered by the team medical staff specifically because it was believed by the team medical staff that Actovegin would enhance a rider's athletic performance. Thus, it is apparent that Mr. Armstrong and the team intentionally issued false and misleading statements regarding the use to which Actovegin was put on the U.S. Postal Service team.

… In other words, if Lance Armstrong was willing to lie about Actovegin -- and he clearly did lie about Actovegin -- there is little reason to believe that Armstrong would not be willing to lie about other products and with regard to other topics.

--

[referring to a falling out in 2001 with three-time Tour de France champion Greg Lemond]

p. 1394

Herman: Did you, during that conversation, which I understand was as a result of being sad, as you put it, about those criticisms from Mr. Lemond, did you during that conversation admit to Mr. Lemond that you had engaged in some prohibitive [sic] conduct or had taken some prohibitive substance?

Armstrong: Of course not. No, I didn't. As I've said, I would not admit to a doctor or a friend or Greg Lemond that I had taken a substance when I have never taken them, nor would I call him to say why did you say that about me, oh, by the way I'm going to admit that to you. That would be in the ridiculous category, too. I called simply just to get an understanding for whether or not he did or didn't say that and it turned into really a nightmare of a conversation.

--

p. 1396-98

Herman: How -- how do you view your role now --

Armstrong: Uh-huh.

Herman: -- with respect to the work of your foundation and your involvement --

Armstrong: Uh-huh.

Herman: -- with either cancer victims or survivors or families?

Armstrong: Survivors. For me now that's my new peak. I mean, that's the thing where I need to be making the best use of my time and that's the place where I firmly believe that I can make a difference for the rest of time. You know, we are faced with -- not to get up here and preach, but since you asked, we're faced with a real dilemma here and a real predicament in that we are soon going to have the number one killer in America on our hands and the funds are decreasing as rapidly as the illness is increasing. And it's now my job, honestly, to change that.

And not just on a small level. We can do rides in Austin, we can do the Tour of Hope, but those raise millions of dollars. I'm talking about raising billions of dollars and the budget of the NCI is $4 billion and increasing. Iraq cost us five or 600 billion. It's time for this country to step up and realize that this is a serious killer and recommit ourselves. Not to get on my soapbox, but that's a priority for me and I want to make a difference there. We have seen people use their careers for -- success in their careers for the good of mankind and they can leverage that sometimes and I hope to do that. That's why this stuff is so unfortunate.

Herman: This stuff --

Armstrong: This stuff.

Herman: -- being?

Armstrong: This room. This stuff that we have to listen to, the stuff that the panel us going to have to listen to. It's not true, it's not fair, it's not morally responsible, and it would ultimately -- you know, if this courtroom was on CSPAN or was on CNN or Court TV it would have a drastic effect on what I'm trying to do off the bike. And, of course, this is not -- that's not the case fortunately, but I'm personally offended by that. And I think we all would be if you were in my shoes or my position because, as I said we have a lot of choices to make every day in how to use our time and this isn't my idea of a good time. I race the bike straight up fair and square. Yeah, there are questions, good performance is a question. But this stuff we are going to see in here it goes beyond.

--

p. 1402-03

Herman: If someone -- there was a suggestion that you had made a -- a contribution to the UCI or the International Cycling Federation -- or Union?

Armstrong: Union.

Herman: Why did you do that and was there -- did you receive any preferential treatment as a result?

Armstrong: Well, I never received preferential treatment. The UCI is not a cash rich organization, they struggle on an annual basis with budgets and boards and directors and just getting by like a lot of companies and organizations and governing bodies. So, yeah, I made a contribution there to help them fund and fight the war against drugs or doping.

Of course, that's been viewed as Al Capone buying police cars for the Chicago police department, too, but it's not that. It's not -- there's other things that are right in line with that.

Herman: Is there anything improper at all about making a contribution to help fund an anti-doping program?

Armstrong: I would hope not. In -- in fact, I encouraged other athletes to do the same and I don't think anybody else did.

--

p. 1403-04

Herman: All right. Let me -- let me change topics with you. Dr. Ferrari's name has been thrown around here and, you know, without engaging in hyperbole, I think the suggestion has been that Dr. Ferrari is a -- is a doping doctor and that anyone who deals with Dr. Ferrari is a doper. You've heard that before?

Armstrong: I've heard that.

… Of course, he came here as in Europe with a bit of a dodgy reputation. All we can do is evaluate that by what we know and what we see and what we are told. We never had any reason to believe that this guy is dirty. In fact, we had reason to believe the opposite.

--

p. 1411

Herman: But I guess the fundamental question is, did Dr. Ferrari ever prescribe, administer or suggest any kind of a drug or doping program for you?

Armstrong: He did not.

USADA p. 47: … The evidence is overwhelming that from 1999 through 2005 Michele Ferrari played a major role with the U.S. Postal Service/Discovery Channel team and in Lance Armstrong's doping program.

--

p. 1414-15

Herman: There has been a suggestion that a research project undertaken by someone in Europe in 2005 revealed the presence of exogenous EPO in urine samples that had been frozen since 1999.

Armstrong: Well, when I gave the sample, there was no EPO in the urine … I'll go to my grave knowing that when I urinated in the bottle, it was clean.

USADA p. 33: For the first two weeks of the [1999] Tour, Armstrong, [Tyler] Hamilton and [Kevin] Livingston "used EPO every third or fourth day." The EPO was already loaded in syringes upon delivery and the riders "would inject quickly and then put the syringes in a bag or Coke can and Dr. del Moral would get the syringe out of the camper as quickly as possible."

--

under cross-examination

[referring to an exhibit, an April 2001 Armstrong statement]

p. 1418-19

Tillotson: I'm sorry. Let me direct your attention to the fourth paragraph down, Mr. Armstrong. Last sentence of that paragraph. You say, I welcome the continued testing so there will be no doubt that neither I nor any member of my team did or took anything illegal, right?

Armstrong: Yes.

Tillotson: And to say such a statement you have to have some confidence that your team members are not using performance-enhancing drugs, correct?

Armstrong: That's why we turned over the samples.

--

p. 1420-22

[referring to a statement on The Paceline, a team website]

Tillotson: Okay. And you said in this statement that I showed one thing clear, I believe in clean and fair competition and, as I said before, I do not use and have never used performance-enhancing drugs. Do you see that?

Armstrong: I see that.

Tillotson: And that kind of statement has been made by you throughout the course of your career from 1999 through January of 2005, fair?

Armstrong: Correct.

Tillotson: … And it's not just in response to a particular allegation I mean, when you write things like in your book, It's Not About the Bike, you certainly say in your book that you had never used performance-enhancing drugs, correct?

Armstrong: Right.

Tillotson: And that wasn't really in response to any particular charge, it was a statement about yourself in this book?

Armstrong: The book -- the book was written and authored just after the first Tour and there was a lot of talk not just in France, but all over the world about the drugs, about what happened in '98, about their disbelief and what could happen in '99. So, you know, I think that's in response, too.

Tillotson: So that the public will know your side of the story regarding some of these charges and allegations?

Armstrong: Yes.

Tillotson: Fair?

Armstrong: We always like the public to know our side of the story, all of us do.

--

p. 1425

Tillotson: And one of the reasons it's true, is it not, that your sponsors don't call you and ask these kinds of questions is because you've made your position regarding the non-use of drugs perfectly clear in the media?

Armstrong: I've -- I've made what I know to be the truth to be perfectly clear to the media.

--

[on the incident in October, 1996, in the Indianapolis hospital]

p. 1447

Tillotson: Now, I believe you said in your deposition and -- I asked you then and I'll ask it here in these proceedings, why Betsy Andreu would lie about a serious thing as your supposed admission of performance-enhancing drugs, and I believe your response was that she doesn't like you. Is that fair?

Armstrong: Well, I think my response was and that was at the deposition she looked me right in eye [sic] and she said, oh, no, I hate him, which is -- is a little different than I just don't like him.

Tillotson: It was --

Armstrong: It was venomous.

Tillotson: All right. Venomous, okay.

It is your testimony, then that she -- she's making the story up and she must be doing it out of dislike, hate, venom for you?

Armstrong: That's right, yes.

Tillotson: And her husband, of course, has corroborated the story?

Armstrong: I understand that.

Tillotson: And he doesn't hate you, does he?

Armstrong: I don't know. I don't think so. He -- there's something there with his -- as I told you -- and I love how you isolated that in the pre-hearing brief -- to protect his old lady, but there's something there with that relationship that I'm not real clear on.

Tillotson: Well, I think you told me in your deposition that you didn't really know Betsy that well?

Armstrong: Well, I learned early on that I didn't want to get to know her very well.

--

p. 1474-75

Tillotson: Okay. Now, Mr. Andreu testified in his deposition that at one point you showed him some pills that you took during a race and talked about when you would take them. Have you seen that testimony?

Armstrong: I have not seen it, but I heard about it.

Tillotson: You were asked in your deposition by Mr. Herman and I don't think we heard an explanation for what those pills were. Do you know what those pills were?

Armstrong: Did we cover that? I think we did go back and cover it, but, I have to confess, I'm -- if you want a confession, I'm a bit of a coffee fiend. That's the extent of my performance-enhancing drugs.

Tillotson: Is it your testimony that those pills were caffeine pills?

Armstrong: That's my testimony. And I --

Tillotson: You would have taken several caffeine pills during intervals of a race?

Armstrong: Yeah, which are, to the panel, not banned -- well, they are banned to a certain degree, but I would -- I certainly would never approach that level.

--

[Canadian lawyer Dick Pound was at the time the head of the World Anti-Doping Agency]

p. 1480

Tillotson: You've had some rocky relations with WADA, have you not, with Mr. Pound?

Armstrong: No. I've asked Mr. Pound to be fair and open and honest and somewhat respectful of what cycling has done over the years. I think -- I mean, I'm sure we will see the testimony, cycling has done more than any endurance sport to fight doping. I've -- that's what I've asked Dick to do is just acknowledge that there could be a problem. Let's get the cheaters, punish them hard. But you have to recognize that no sport has done what cycling has done.

--

p. 1483

Armstrong: … And they've been coming for years -- man, they've been coming for years after me. And this may be -- they may say oh, we got it. They didn't.

--

re-direct examination

p. 1491

Herman: Did you -- have you ever, Mr. Armstrong, ever wavered in your unqualified support for stringent drug testing and penalties?

Armstrong: Never.