The relay magic is back

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RIO de JANEIRO — Of all the images from Michael Phelps’ storied career, perhaps none is as visceral — as open and truthfully honest — as the shot from the finish of the men’s 4x100 freestyle relay at the 2008 Beijing Olympics, a portrait of Phelps screaming to the heavens in raw, primal, triumphant victory.  

From left, Nathan Adrian, Ryan Held, Michael Phelps and Caeleb Dressel on the medals stand // Getty Images

The 2016 version of the 2008 Phelps victory roar, with Caeleb Dressel making like Garrett Weber-Gale // Getty Images

This was the race in which Jason Lezak somehow willed his way past France’s Alain Bernard. Lezak was behind when he dove in. He was behind at the turn. He was behind until the very end, when he out-touched Bernard in a moment that instantly became an Olympic classic.

Right there on the deck, Phelps, who had set the Americans to the lead in the first leg, roared. Right behind him, Garrett Weber-Gale, who had pulled the second leg in the relay, fists clenched, leaned back and screamed in jubilation. Both guys were in their star-spangled LZR suits.

This is the red, white and blue moment the U.S. swim team lives for.

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Back in the spotlight

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RIO de JANEIRO — If, like most people, you last paid serious attention to Olympic-caliber swimming in London, when that Michael Phelps dude announced he was retiring, welcome back to the pool for your every-four-years dip, and just in time to catch the one and only race at these Games at which Katie Ledecky was always likely to take second instead of first.  

Katie Ledecky, right, with, from left, Simone Manuel, Abbey Weitzeil, Dana Vollmer after Sunday's women's 4x100 freestyle relay // Getty Images

In the final swim of the final event of the first day of swimming’s nine-day run here at the Rio 2016 Games, Ledecky anchored an American-record 3:31.89 in the women’s 4x100 meter freestyle. It took a world record 3:30.65 from the Australians, who were heavily favored, to win.

Even in second place, the legend of Katie Ledecky just keeps getting better and better. This was the first time Ledecky had ever — ever — raced the 4x100 relay for Team USA at an international level. The last time she swam in a 4x1 was in high school, she said afterward with a laugh.

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Let's get this festa started

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RIO de JANEIRO — If ever there was a Games that cried out for the glow of a lit cauldron, these are those Games.

If ever there was a Games that presented to so many the deep fear of the unknown, these are those Games: the first-ever Olympics in South America, Rio and Brazil depicted far and wide as danger writ large.

Finally, the familiar symbols of the Olympic movement took hold Friday night and with them, perhaps, a reprieve. If tradition holds, the next 17 days promise more — way more — of a focus on the inspirational ideal that the best in each of us makes all of us better.

The greatest Olympic athlete of all time in Friday's parade of nations // Getty Images

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An open letter: the White House delegation to Rio

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President Barack Obama

1600 Pennsylvania Avenue NW

Washington, DC 20500

August 2, 2016

Dear Mr. President:

Coming up on three years ago, I wrote you an “open letter” critical of your decision to send to the Sochi 2014 Winter Games an official White House delegation that did not include yourself, the First Lady, the vice president nor, indeed, any member of your cabinet.

On Tuesday, the White House announced that Secretary of State John Kerry will head the White House delegation to the Rio 2016 Summer Games.

Mr. President, I cannot emphasize strongly enough how much I respect you personally as well as the office you hold. I voted for you twice. If I could, I would vote for you again this November. I believe history will treat you kindly — that, with time, you will come to be seen as what you truly are and have been, one of our greatest presidents in more than 200 years.

With all that said, sir:

Please permit me the opportunity to address you in another “open letter,” mindful that I am grateful to call home a country where I may give voice to criticisms and that, as well, any such criticisms relate solely to matters of policy. In no way are they personal.

Time shows how we all change over seven years: President Obama in 2009 addressing the IOC on behalf of Chicago's 2016 bid // Getty Images

The tennis star Billie Jean King at the Sochi 2014 men's ice-hockey bronze medal game //

The announcement that Secretary Kerry will lead the 2016 delegation underscores the futility and hypocrisy inherent in what the White House tried to do — with, at best, limited impact — in connection with the Sochi Games.

Can we — you, me, all of us — acknowledge now the truth of the matter?

That what the White House sought in 2014 was to leverage the spotlight of the Olympic Games to exploit the American position in dealing with the Russians, in particular Mr. Putin, while simultaneously expressing considered frustration, if not more, with the International Olympic Committee?

And to what purpose?

The record is plain.

In October 2009, you and the First Lady went to Copenhagen to lobby the IOC for Chicago’s 2016 Summer Games bid.

In retrospect, we can perhaps observe it might be all to the good that Chicago did not win. Imagine, Mr. President, the worldwide media uproar in anticipation of a 2016 Chicago Games over the murder rate in Chicago and, by extension, American gun-control policies. Not to mention the national embarrassment that is Mr. Trump, whom you appropriately described on Tuesday as “unfit” and “woefully unprepared” for the presidency.

At any rate, you went to Copenhagen — the first sitting president, ever, to lobby the IOC in such a fashion.

The members not only awarded the 2016 Games to Rio de Janeiro, they booted Chicago in the very first round. Tales still circulate within Olympic circles of the IOC members idling on buses while waiting for your security detail to give the all-good to come in to the convention hall.

Since then, the White House’s — by extension, the federal government’s — relationship with the global Olympic movement and, more broadly, international sport, has deteriorated to the point of dreadful, and that is being generous.

Maybe you have forgiven if not forgotten. But it’s something of an open secret that your trusted advisers may hardly have done so.

Who brought the indictments against FIFA? The U.S. Justice Department, headed by Ms. Loretta Lynch. Assuredly, the Attorney General wields considerable latitude in her prosecutorial choices. At the same time, who does the Attorney General report to? That would be you.

Before you named her Attorney General, Ms. Lynch served as U.S. Attorney in Brooklyn, for five years heading the office for the Eastern District of New York. This past May, it was the Eastern District that opened an inquiry into allegations of state-sponsored Russian doping — as if a Russian matter should, on some theory, be a matter for American law enforcement.

Imagine, sir, if the tables were turned. The American court system, indeed the federal courts with their limited jurisdiction, are filled with allegations of wrongdoing each and every day. Are the Russians weighing in to impart their view of justice on our behalf? Are they mounting a campaign to convince Americans and others around the world that, for instance, the death penalty, legal in several U.S. states, is illegal it not immoral?

Perhaps there is this: at least you didn’t try to stick it further to the Olympic scene by naming Ms. Lynch to the 2016 delegation. Just Secretary Kerry; the U.S. ambassador to Brazil; three other federal officials, and the swim legend Mark Spitz.

The disregard with which your administration views the Olympic scene could hardly have been more apparent when, last October, the Association of National Olympic Committees held its annual meeting in Washington, just blocks from the White House.

Since becoming the IOC president in 2013, Thomas Bach has met with more than 100 heads of government or state. But, notably, not you.

Indeed, at the Sochi opening ceremony, Mr. Bach, obviously if indirectly referring to you, said the Olympics should not be “used as a stage for political dissent or for trying to score points in internal or external political contests.”

Mr. Bach also said in opening the Sochi Games, “Have the courage to address your disagreements in a peaceful, direct political dialogue and not on the backs of the athletes.”

The IOC president, Thomas Bach, at the Sochi 2014 opening ceremony // Getty Images

Bach with Russian president Vladimir Putin at the Sochi Games

Vice president Biden at last October's ANOC meeting // Getty Images

At the ANOC event, no senior U.S. official had the courage to show until several days into the event when — your White House obviously alerted that this show of American defiance might not reflect well on a Los Angeles bid for the 2024 Summer Games — Vice President Biden appeared from behind the curtain.

Mr. Biden stayed for all of seven minutes.

As for LA, and its 2024 contest with Paris, Rome and Budapest: the heads of state or government of France, Italy and Hungary have all said they are coming to Rio for the Games opening ceremony.

But not you.

“It is absolutely normal that participating countries at major events such as the Olympic Games, being organized every four years, are represented by high-level state leaders,” the Hungarian release, issued Tuesday, said. “This is especially true for countries that have bid to host the Olympic Games.”

It’s in this full, indeed rich, context that one has to view the 2014 Sochi White House delegation — as one of a series, since that 2009 Chicago defeat, of provocations.

Perhaps it is the case that the dots don’t connect. But it plainly looks like they do. And we both know this truism: in politics, perception is as important than reality, if not more so.

To be honest, of course, in our popular culture, the Russians make for excellent villains. Think only of Ivan Drago in "Rocky IV," or the bad guys in James Bond movies, or even Boris and Natasha from “The Rocky and Bullwinkle Show.”

Mr. Putin, right or wrong, fair or not, plays the role for many of the arch-villain of our time.

How easy was it to tap into all that sentiment while amplifying a disregard for the Olympic scene?

The White House said in 2014 that your schedule simply didn’t allow you to travel to Sochi.

This, Mr. President, begs credulity.

The central issue was the controversy that you latched onto sparked by the Russian anti-gay propaganda law. A couple months before the Games, you remarked, “Nobody is more offended than me by some of the anti-gay and lesbian legislation that you’ve been seeing in Russia.”

For the opening ceremony, you named two openly gay athletes: Billie Jean King, the tennis star, and skating gold medalist Brian Boitano.

A tennis player — at the Winter Olympics?

For the closing, you threw a little more gas on the fire by naming Caitlin Cahow, winner of Olympic silver and bronze medals in ice hockey, another gay athlete, to the closing ceremony delegation.

You might remember that Ms. King ended up going to the closing ceremony; her mother passed away the day of the opening ceremony. Ms. Cahow took part in the opening ceremony.

You might recall, too, that in a commentary for CNN published a few weeks before the 2014 Games, Ms. King had said, in part:

“Is our nation making a statement on Russia’s anti-gay propaganda law by sending gay men and women to represent us in Sochi? Perhaps we are.”

Perhaps?

The right answer to Ms. King’s rhetorical question: obviously.

In that same piece, she also said:

“… I hope these Olympics will be a watershed moment for the universal acceptance of all people.”

That for sure has not happened. We all have a long way to go. Yes, the U.S. Supreme Court has since made same-sex marriage the law of our land. But that has hardly triggered a rush in other countries to follow our lead.

Ms. King also said in her piece:

“I have a saying that 98 percent of winning is showing up. So we will show up in Russia. We will support our athletes and cheer them as loudly as possible. And we will keep the equality conversation alive.”

When she got home from her White House-sanctioned Sochi-related activism, Ms. King, in an Associated Press feature, said she would like the IOC to add sexual orientation to the list of protections in its charter and to consider the issue when deciding host countries for future Olympics.

The IOC did add sexual orientation to its list of protections, as part of its Agenda 2020 “reforms” enacted in December 2014. But it would have done so regardless of Ms. King. Or anyone from the United States.

As for the second point: not so much. The IOC competition for the 2022 Winter Games got down to Kazakhstan and China. Neither can boast about its human-rights record. In 2015, the IOC went for Beijing.

And if it were the “equality conversation” that was the true impetus for the composition of the Sochi delegation, Mr. President, that imperative would hold even more validity in connection with Rio and 2016.

As the New York Times reported on July 5, Brazil is arguably the world’s deadliest place for lesbians, gays, bisexuals and transgender people.

Over the past four-plus years, the newspaper reported, citing Grupo Gay de Bahia, an advocacy group, nearly 1,600 people have died in hate-motivated attacks. That means a gay or transgender person is killed almost daily in Brazil.

The Times story quotes the advocacy group’s manager as saying that the numbers represent “only the tip of the iceberg of violence and bloodshed,” since police here often, as the paper reported, “omit anti-gay animus when compiling homicide reports.” An Amnesty International Brazil official, the paper further reported, said, “Homophobic violence has hit crisis levels, and it’s getting worse.”

So much outrage over a Russian propaganda law in the run-up to Sochi 2014 but, in comparison, comparative silence in these weeks and months before Rio 2016 about horrific violence in Brazil?

Mr. President, you proved eloquent, as usual, in decrying the June massacre that took 49 lives at a gay nightclub in Orlando, Florida. Yet nothing about the slow, steady and awful rate of homicides in Brazil?

The Olympics are assuredly imperfect. But there is no other institution in our fragile world that offers the very notion you have spent much of your time in office promoting — we are all better when we stand, in peace, together.

With that in mind, please allow me to close with an unsolicited suggestion.

Next year, at an assembly in Lima, Peru, the IOC will decide the 2024 Summer Games site.

By then, you will be out of office. We can all hope that Ms. Clinton — an avid public supporter of the Olympic notion — is your successor. At any rate, if you were to appear in Lima, and once again address the IOC on behalf of an American candidate city, it might be therapeutic all around.

It also could be awesome.

You could even start by saying something like, “Sorry about that last time. I for sure didn’t mean to make you sit around for a few minutes just on my account.” Take it from there, sir. There’s a powerful argument that the world needs what Los Angeles, what California and what our great country can — in service and humility — offer.

As you have proven repeatedly, such humility, as well as considered doses of humor and empathy, can often achieve great things, particularly in the pursuit of pluralism and tolerance. Being strident rarely gets us anywhere.

Thank you, sir, for your attention and consideration. And for your years of leadership. Godspeed.

Sincerely,

Alan Abrahamson

3 Wire Sports

Los Angeles, California

Einstein's very definition of insanity

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RIO DE JANEIRO — Amid the seemingly imminent apocalypse about to erupt with holy fire all over everything connected with the 2016 Summer Games, one might think that the collapse of a boat ramp over the weekend at the sailing venue would be comparatively insignificant.

It’s not.

The ramp collapse is profoundly symptomatic and symbolic.

It underscores the lack of controls — and control — that has dogged preparations for the 2016 Games since the get-go, a long seven years ago.

Of course such a collapse is unacceptable.

Of course it needs to get fixed, and immediately, and a Rio 2016 spokesman says the repairs will take just days.

The IOC president. Thomas Bach, at Sunday's news conference and, snark aside, he is looking out through the lights to try to see who is asking him what // Getty Images

The boat ramp fail follows the buckling of a seaside bike path here in April.  No one was hurt over the weekend at the sailing venue. Two people died when the bike path fell, pulverized by a huge wave. The timing: just hours after the lighting of the Olympic flame in Greece.

Together, these two incidents spotlight the need for a thorough and fundamental review of the very way the International Olympic Committee delegates, assigns and joins with local organizers in getting ready for a Games.

This is way beyond Rio, though Rio should be the catalyst for the wide-ranging discussion that needs to be held about how to bring the organization and operation of a Games into the 21st century.

After Rio, the IOC should convene an “innovation group” — or whatever it wants to call it — made up of forward-thinkers from anywhere. The mandate: new and creative solutions in accord with a reconsideration and reallocation of local and IOC roles and responsibilities. If there are 10 ideas, and nine suck, so what? There needs to be freedom to think out of the box about how to make this, you know, actually work, and without so much drama.

Olympic veterans might recall that during the 2009 bid phase for 2016, Rio didn't even make the initial technical grade but was nonetheless passed through for, um, other reasons. Given that, who can be all that surprised now?

Here is the starting premise for discussion:

The Olympic Games are a multibillion-dollar enterprise.

With that in mind, it is insanity to keep turning over the organization of the IOC’s franchise to newbies, and expect things to run in a world-class manner.

What business does that? Nobody. Well, no one except the IOC.

As Albert Einstein reportedly said, the very definition of insanity is doing the same thing over and over again but expecting different results.

This, though, is exactly what the IOC does. Seven years beforehand, It awards some place a Games. Then it sits back and holds twice- or three-times-per-year inspections — in Olympic jargon, “coordination commissions” — while allowing the locals to run things as the locals see fit.

Typically, this means senior-level management shuffles and re-shuffles and, as well, political or government interference that, to put it gently, is not helpful. Look at Rio. Or the next Games, in Korea in 2018. Or Tokyo, in 2020.

Sometimes, as was the case in Korea, the IOC lucks out and gets someone like Y.H. Cho, the Korean Air chief who ran the winning Korean bid and knew how to maneuver between east and west as well as the elements in Korea itself — business, government, politics.

His case is fully instructive, however: a few months ago, the Koreans opted to go in a different direction. Who was the most surprised when it happened? The IOC.

It doesn’t take Einstein to figure out a fix.

Start with the FIFA approach.

In some IOC circles, the idea that it could learn from FIFA might be considered heresy.

For sure, there are many, many, many things one could observe about FIFA that would not be positive.

But it must be said that FIFA knows how to run its soccer tournaments.

Why?

Because that is what it’s in the business of doing. It runs the show, thank you.

Same idea for the IOC, and the Olympics.

The IOC should have a Games team — or teams, Winter and Summer — who go from locale to locale. How many people? Unclear. Six? Ten? Twenty? Whatever.

All of this can be imagined in a way that actually jibes with Agenda 2020, the IOC's self-proclaimed 2014 reform plan, and easily. Agenda 2020 can be the blueprint, in the same way that the U.S. Congress passes laws that then need rules and regulation -- back to the Olympic context, whatever the "innovation group" comes up with -- to implement.

Will there be conflict with the locals? Undoubtedly. Might the locals resent the IOC influence? Probably. Are these kinds of things capable of solution? Absolutely, and this is why the rights and responsibilities should be examined anew, now.

Indeed, in other areas, the IOC has already recognized the issue, and done what needs doing, what is elegantly obvious — assign a cadre of professional experts to run things.

The Olympic Broadcasting Service, which supplies the video and more for each edition of the Games? They are maybe the best in the world, based in Madrid under the uber-competent Yiannis Exarchos, in charge of the host feed and more from Games to Games.

On a smaller scale — and this is something of inside baseball but the point is the same — each Games features a service for the media called Olympic News Service. In London four years ago, ONS ran to more than 500 people. Here, after a thorough review (disclaimer: I was invited to be part of the working group involved in that review), more like 50, all professionals.

What does this save? Time, resource and, crucially, money.

Let’s be totally frank:

You know the old saying about stuff flowing downhill?

Which entity, more than any, is the one at the bottom of that proverbial Olympic hill? The local organizing committee, which has a temporary lifespan? Or the IOC, which endures and thus makes itself the fat, easy target?

Since that is so clearly the case, why wouldn’t the IOC take proactive steps to ensure the ongoing integrity, vitality and relevance of its brand — instead of being subjected every two years to the predictable sky-is-falling reportage?

The IOC actually has a great story to tell: no other institution in the world brings thousands of people together in a celebration intended to promote the best of each and all of us.

Far too often, however, that message gets obscured by, or lost in, too much of the stuff running downhill.

When you think of Sochi, as a for instance, what are the two things that come immediately to mind for most people? Well, now three, given allegations of state-sanctioned Russian doping — one, the hotels not being done when multitudes of reporters arrived and, two, the $51 billion overall cost associated with those Games, right?

The scene at the sailing venue // Getty Images

Waves battering the incline near the collapsed bike path // Getty Images

It’s now five short days before the 2016 opening ceremony. This week the bulk of roughly 15,000 media people are going to descend upon Rio.

You can believe that there is still painting, wiring, hanging, building all over the place.

Reports from the press already here of imminent disaster are now so widespread that there has developed in recent days a Reddit subgroup called apocalympics2016.

Truth:

Fire, hail, locusts, frogs, cattle disease — these and the other plagues from the Biblical Exodus— are nowhere in evidence in Rio. As the sages teach, this is welcome news indeed for those of us who are first-born males.

As for bugs: now that Zika is in Florida, it might even be asked if there is quite another reason so many of the top male golfers aren’t here. Like: drug testing, maybe?

There is one overriding problem in Rio, and one problem only:

There is not — and has not been — enough money.

The problem is both overall budget, and cash flow.

The organizing committee’s operating budget figures out at about $2.3 billion.

The shortfall, now, is reportedly about $70 million.

Amid a severe economic depression, that kind of money literally isn’t here to be had in Brazil.

But it’s got to come from somewhere.

This is why the IOC president Thomas Bach, at a news conference Sunday marking the end of the policy-making executive board’s pre-Games get-together, announced the IOC would be stepping in to help — though he did not detail by how much, instead saying the IOC "is helping the organizing committee to make sure that these Games will be the success we all want it to be.”

The back story of these Games is that the IOC recognized the enormity and complexity of the Rio challenge in 2014, when it assigned the-then Games executive director, Gilbert Felli, to work more or less full time on 2016 preparations.

Thus it has been running on either — choose your perspective — an ad hoc or emergency basis the very solution that must present itself looking ahead to Pyeongchang 2018, Tokyo 2020 and beyond.

Let's face it: chronic triage is a bad way to go through life.

An imperfect compromise: IOC mostly gets it right

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When history writes the story of the drama that enveloped the question of what to do about the Russians for the 2016 Rio Games, the imperfect compromise issued Sunday by the International Olympic Committee will come to be seen for what it truly is: a marker for the ongoing vitality and relevance of the Olympic movement in every corner of the world. Make no mistake. The IOC made — mostly — the right call in seeking to balance individual rights against collective responsibility.

If this decision had gone the other way, if the IOC had imposed a wide-ranging ban on the Russians, there very well may have erupted an existential threat to the Olympic movement.

This is not to layer exaggeration or extra intrigue onto a situation that already has generated enormous controversy.

Rather, the mob that has largely looked past the precious value of individual justice in calling for collective responsibility failed, and hugely, to account for the peril inherent in such a decision for the present and the future of the Olympic enterprise.

Russian president Vladimir Putin and IOC president Thomas Bach at the opening last June of the European Games in Azerbaijan // Getty Images

The Russians, however, keenly understood. And they kept saying so — no matter the smugly furious, self-righteous echo chamber banging for wide-ranging sanction.

The IOC listened. It understood, and keenly.

To emphasize:

There is nothing wrong with that. Indeed, there is a lot that is right.

In ruling that the international sports federations hold the responsibility to decide whether the Russians could come for each of the roughly two dozen sports on the Olympic program, the IOC underscored not only the place of each and every person in the world but, as well, the possibilities inherent in empowering humanity to effect one-to-one change.

When everything else is stripped away, that is what the Olympics are all about. That is why the modern Olympic movement, a project born in the late 19th century, can still matter in our 21st-century lives.

“Every human being is entitled to individual justice,” IOC president Thomas Bach said after Sunday’s meeting of its policy-making executive board.

Almost immediately, the tennis and equestrian federations released announcements saying to the Russians, see you soon in Brazil. The judo federation put out numbers that made plaln a rigorous testing program aimed at each and every one of the 389 athletes from 136 countries who have qualified for Rio 2016.

Sheikh Ahmad al-Fahad al-Sabah, head of the Assn. of National Olympic Committees, said the  organization “commends the IOC for favoring individual justice over collective responsibility and giving international federations responsibility to ensure clean competitions in their sports at Rio 2016.”

Life is not binary. It is not black and white, yes or no, a collection of 1s and 0s. Life is made up of shades of grey, and nuance, and compromise — especially in the pursuit of both a practical reality and a noble ideal.

Life is better when we — the collective we — are not implementing blanket action against a group of people. This is a basic of history. And the Olympic movement is, at its essence and at its best, not about being moralistic or sanctimonious. It appeals to our better selves.

As Anita DeFrantz, the long-serving IOC representative to the United States who sits on the executive board, said Sunday afternoon, “It takes courage to do the right thing.”

Even if it is imperfect.

Life is imperfect, you know? The Olympic scene is an imperfect vessel for our hopes and dreams.

The important part: the IOC action likely paves the way for most Russian athletes to march behind the Russian flag at the opening ceremony on August 5.

At the same time:

The IOC said the whistleblower Yulia Stepanova —  a middle-distance runner who along with her husband, Vitaly Stepanov, sparked the controversy by alleging state ties to doping — is not eligible to run in Rio. There simply isn’t a vehicle to permit a “neutral” athlete to take part, the IOC said, and that’s true. It’s a fundamental that athletes compete as national representatives at a Games.

Except that there will be a “refugee team” in Rio made up of athletes from different countries.

And, perhaps more important, the symbolism of having Stepanova on the Rio track would have gone far in promoting the notion that anyone and everyone has to speak up when something might be amiss; overcoming the culture of keeping silent has proven a significant challenge in the anti-doping campaign.

Yulia Stepanova at the European championships earlier in July // Getty Images

Also, the IOC said that any Russian athlete who has ever done time for doping is ineligible for Rio. This misplaced notion is the 2016 version of what in Olympic jargon is called the “Osaka rule,” a notion advanced by none other than Bach nine years ago, when he was IOC vice president. It sought to ban a doper from the next edition of the Games on top of however many years he or she got in sanction.

The Swiss-based Court of Arbitration for Sport said, no dice — the Osaka rule amounted to double punishment.

The IOC, and the president, know all of this. A recent reminder: the case of South Korean swimmer Park Tae Hwan, a 2008 and 2012 medalist who tested positive in 2014 for testosterone and got 18 months. The Korean Olympic committee tried to tack on another three years. No go.

The Osaka rule could have been incorporated in the version of the World Anti-Doping Code that took effect this past January 1. But no. Instead, the code now calls for a standard doping ban of four years instead of two.

It’s now up to an individual Russian, if he or she wants, to go to CAS to challenge the IOC move regarding eligibility after a prior ban. There should be a rush to the proverbial courthouse steps; any such case would be a slam-dunk winner; all the IOC is trying to do is effect an end-around a play that already has been shut down.

More: the assertion that no already-served Russians can go — even though athletes from other countries who have served doping bans can, and will, be in Rio — cuts directly against the very thing the IOC sought Sunday to preserve: in Bach’s words, “individual justice.”

The remaining problematic element is the ban imposed on Russia’s track and field team by the IAAF, track’s governing body. It stands.

As Alexander Zhukov, the president of the Russian Olympic Committee, noted as part of a lengthy presentation Sunday to the IOC board:

“… We can never accept a decision that allows any international federation to legally force athletes to move from their native country in order to train abroad, so they can participate in international competitions. This contradicts basic human rights and essential freedoms. And it strays very far from the real anti-doping fight.”

Russia'Olympic committee president Alexander Zhukov at a meeting last week in Moscow // Getty Images

This will be part of the historical legacy. And it won’t be pretty.

Sergey Shubenkov, the Russian champion in the 110-meter hurdles at last year’s world championships — “an absolutely clean one,” Zhukov asserted — can’t run in Rio. His mother, heptathlete Natalya Shubenkova, missed the 1984 Los Angeles Games because of the Soviet-led boycott, reprisal for the U.S.-led action against the 1980 Moscow Games.

“Now his dream is ruined and this ruin is dismissed,” Zhukov said, “simply as an ‘unfortunate consequence.’ ”

Hurdles gold medal-winner Sergey Shubenkov at last year's track world championships in Beijing // Getty Images

This, of course, is a  reference to the answer given last Monday by Canadian law professor Richard McLaren when, in making public his World Anti-Doping Agency-commissioned inquiry into accusation of state-sanctioned doping in Russia, he was asked about guilt by association.

In 1980, the Australian IOC member R. Kevan Gosper supported the U.S.-led Moscow boycott. He says now he “wouldn’t have made that decision.” A silver medalist in track and field, Gosper served as an IOC member from 1977 to 2013 and retains considerable influence.

The McLaren Report allegations, Gosper said, make for a “very, very serious problem.” Even so, given the IOC’s turbulent history, in partiular the 1980 and 1984 Los Angeles Games boycotts, Gosper said, “To take a collective decision against Russia in a world that is very uncertain, I think, would be very wrong.”

This is what the Russians kept saying.

The president of Russia, Vladimir Putin himself, in a statement released last week by the Kremlin:

“Today, we see a dangerous return to this policy of letting politics interfere with sport. Yes, this intervention takes different forms today, but the essence remains the same; to make sport an instrument for geopolitical pressure and use it to form a negative image of countries and peoples. The Olympic movement, which is a tremendous force for uniting humanity, once again could find itself on the brink of division.”

The former Russian leader, Mikhail Gorbachev, who wrote a letter last week to Bach that said, in part:

“The principle of collective punishment is unacceptable for me. I am convinced that it contradicts the very culture of the Olympic movement based on universal values, humanism and principles of law.”

Zhukov’s presentation to the IOC board cautioned against what he called a “rush to judgment.” He said:

“Please allow me to begin by saying that I understand you will make today a fateful decision, which will determine the fate of not only Russian sport, but also of the international Olympic movement, of our Olympic family.

“The recent events have caused a significant split to open in the world of sport. We must remain united in our efforts to ensure integrity, united against the pressures that aim to replace constructive unity with destructive confrontation.”

Nearing the close of his remarks, he said:

“I urge you to consider this case independently of the mounting pressure from certain nations to issue a collective ban in relation to Olympic Team Russia.

“The calls for Russia to be banned from Rio 2016, before the McLaren Report was even published, clearly demonstrate that this goes beyond sport.

“I therefore urge you not to fall victim to geopolitical pressure.

“You can all be confident that Russia will change for the better and Russian sport will emerge cleaner.

“But that can only happen through engagement.”

Precisely.

Not through a far-reaching ban.

In noting “certain nations,” make no mistake about which nations those might be.

The calls for a ban, spun up by the U.S. Anti-Doping Agency in particular, beg fundamental questions about its role: Is USADA supposed to engage in such lobbying? Or Is it merely a provider of services — if you will, a contractor?

Too, the hypocrisy of certain political leaders in reacting to the IOC’s decision Sunday could not be more evident. The U.K. sports minister, Tracey Couch, said the “scale of the evidence arguably pointed to the need for stronger sanctions.”

This makes for empty rhetoric if not unintentional comedy — coming from a country where the government announced earlier this year it was cutting its 2016-17 contribution to WADA by roughly $725,000.

As for no-question irresponsibility — the Daily Mail reported late Saturday that the entire Russian team would be banned.

For a while, that Daily Mail story was the No. 1 story sweeping Reddit.

Oops.

And then there was the New York Times, in its reporting Sunday, saying the IOC move “tarnished the reputations and performance of all Russian Olympic athletes” while serving as a “strong affirmation” that Russia had cheated “under government orders.”

History will tell if that’s anything more than journalistic bravado — if ever the allegations delivered by Mr. McLaren lead to testimony under oath and thorough cross-examination of all the principal actors.

In the meantime:

No matter the circumstance, and especially in this one, groupthink can prove very, very dangerous. Turning toward reason and away from emotion, the way the IOC did Sunday, is almost always a way better option.

As Bach put it, “An athlete should not suffer and should not be sanctioned for a system in which he was not implicated,” adding, “This is not about expectations. This is about doing justice to clean athletes all over the world.”

Even if justice is, as history teaches, often imperfect.

Choosing to be on the right side of history

The law of unintended consequences can be a horrible thing. Simply put, we don’t know what we don’t know.

If the Russians are kept out of the 2016 Olympics, what will be the import for sport? In politics? In global affairs? Don’t kid yourself. The Russian president, Vladimir Putin, can be deadly serious about a lot of things.

To be clear, this is a watershed moment in Olympic history. That’s why the International Olympic Committee needs to be on the right side of that history, and see that the Russians get to the 2016 Games in Rio de Janeiro.

The IOC president, Thomas Bach, at a meeting last month // IOC

There surely will be critics, loud and long.

But the right to be judged as an individual is central to everything the Olympic movement stands for.

At least in theory.

No question: Russia is a key player in the Olympic scene. Putin is arguably one of the three leading figures in international sport, along with International Olympic Committee president Thomas Bach and, maybe, whoever is in charge of FIFA this week.

The Russians — unlike, for instance, the United States — have not only staged but helped to underwrite any number of significant recent events: the 2013 world track and field championships and Summer University Games, 2014 Winter Games and 2015 world swim championships. Not to mention any number of World Cups in any number of sports, winter and summer.

And, of course, they are due to stage the 2018 soccer World Cup.

Ordinarily, doping matters do not occasion news releases from the head of state, no matter where. Here, though, was Putin earlier this week, in a Kremlin statement, referring to the boycotts of the 1980 and 1984 Games:

“In short, people had their dreams broken and became hostages of political confrontation. The Olympic movement found itself in a serious crisis and faced divisions within. Later, some of the political figures of that era on both sides admitted that this had been a mistake.

“Today, we see a dangerous return to this policy of letting politics interfere with sport. Yes, this intervention takes different forms today, but the essence remains the same; to make sport an instrument for geopolitical pressure and use it to form a negative image of countries and peoples. The Olympic movement, which is a tremendous force for uniting humanity, once again could find itself on the brink of division.”

What happens if doping allegations keep the Russians out of Rio? No one knows.

Not much taken with the Russians? Just wait until the only places left to bid for major events are the Gulf States and, oh, Azerbaijan.

One thing we do know: the Russian matter has exposed the complete and utter hypocrisy from those who would ban athletes from an entire state without proven, reasoned, calm justification.

We know this, too, about Thursday’s decision by the Swiss-based Court of Arbitration for Sport: it is not, repeat not, the case that the Russians, even those on the track and field team, are absolutely out of Rio. The door is for sure open, as a close reading of the CAS matter makes plain.

This, too: the door is still open for Russians in other sports to take part in the Games, which begin Aug. 5, just two weeks away. Indeed, swimming’s international governing body, FINA, on Thursday put out a release saying it was “pleased” to “reveal” the “final entry list” for synchronized swimming at the 2016 Olympics. There on the list of eight teams, between Japan and Ukraine: Russia.

What we do not know is what the IOC, its policy-making executive board due to meet Sunday, is going to do in the aftermath of the CAS ruling, and amid extraordinary scrutiny.

At issue are arguments on both sides.

But the more compelling argument is in favor of the Russians.

That may be a super-unpopular position —especially in the west, and in particular the United States, Canada and Great Britain, where the mainstream media has largely been riding a nouveau Cold War-style rush to judgment.

But it’s true.

And for that core reason:

The Olympics are about fair play.

Everyone — repeat, everyone — deserves to be judged individually. That is the essence of fairness.

On Thursday, for instance, the U.S. Anti-Doping Agency announced that Nataliya Lehonkova, 33, a track and field athlete from Ukraine, had tested positive in February for meldonium after taking it last August and November — but would not face sanction based on guidelines issued June 30 by the World Anti-Doping Agency.

She got judged individually.

Last week, USADA announced it was not going to levy sanction in the matter of an 18-year-old American gymnast, Kristen Shaldybin, of Highwood, Illinois, who tested positive June 7 for a prohibited diuretic. Why? Because it was in tap water that ran through the municipal water supply.

She got judged individually.

Remember, as Sting said, if in a very different context, the Russians love their children, too. The Russians are human beings. Just like you and me. That essential dignity deserves not just to be recognized but honored. That is the Olympic ideal.

For those who believe that what’s at stake is the honor and integrity of the Olympic movement,  check.

The arguments in favor of a wholesale Russian ban go like this:

One, banning the Russians means being on the side of "clean" athletes.

No, it doesn't. The authorities can't prove that anyone is "clean" any more than they can prove that the 68 Russians are collectively dirty. Marion Jones passed hundreds of doping tests. So did Lance Armstrong. Moreover, there's a strong element of intent associated now with the anti-doping rules, and notions such as "choice" can be subject to varying interpretation in different parts of our world. Maybe even in Russia.

Two, the McLaren Report offers evidence of state-sponsored doping. If ever a state deserved to be sanctioned, it’s now and that state is Russia. Yes, there will be collateral damage — in particular the 68 athletes on the track and field team. Sorry, you 68, about that.

That’s not the way any reasonable, rational or logical system of law, ethics, morality or policy works.

At least one of which we can be proud.

And for many, many reasons.

To begin:

In what context, primarily, does the phrase “collateral damage” assume its most significant meaning? War, of course. The Olympics are about promoting peace.

In the 100 year-plus history of the modern Olympic movement, a state has been kept away (or the Games canceled) for only three reasons: war, apartheid and the subjugation of women. Who wants to make the case that doping — no matter how serious — rises to the station of war, or apartheid, or the diminishment of an entire class of human beings?

The evidence in the case against Russia is based on allegation. Again, the entire case against Russia right now is based on allegation only. Are those allegations extraordinarily suggestive? Yes. Are they more likely than not true? Could well be. But have they been tested in a formal setting, under oath, subject to cross-examination? Not at all. Without that — without due process and, especially, the crucible of cross-examination — it’s unfair in the extreme to proceed with broad sanction.

-- The pole vault champion Yelena Isinbayeva Thursday, after the CAS decision, decrying "pseudo-gold medals." The last sentence, before the emoji string, says, "Power is always feared." --

The Russians can and should be held to the most rigorous standard. But so should everyone.

If you think Russia is the only nation in the world where you could allege state-sponsored doping — call me immediately, because I have a beautiful bridge in Brooklyn I would be delighted to sell.

The United States is the only country in the world where Olympic sport is not an arm of a federal ministry. Just three years ago, Turkey suspended 40 track and field athletes for doping, 20 of whom were under age 23. Because there has been no formal inquiry like the McLaren Report into Turkey, Turkey is in the clear but Russia is under the gun? What if adequately funded investigators were sent into — pick any one — Kenya, Ethiopia, China or Jamaica?

To be clear: that the United States does not operate a ministry of sport hardly excuses American athletes and their record over the years. See, again, Armstrong and Jones. And others.

To which the immediate response is: yes, but the Russians are (allegedly) state-sponsored! OK. Take off those red, white and blue American goggles. Now put on the red, white and blue Russian ones. For years, the U.S. Postal Service, an independent arm of the United States government, underwrote the Armstrong team. Now draw a meaningful distinction — go ahead, still waiting — between what is alleged in Russia and what has been proven in the United States in regard to Armstrong’s massive doping conspiracy and cover-up.

Perspective matters. A lot. Like due process and cross-examination.

The CAS ruling Thursday was decided on what lawyers would call narrow grounds, reference to a section of Rule 22 issued by track and field’s worldwide governing body, the International Association of Athletics Federations.

To be fair, international federations have to be able to approve and exert some degree of control over their member federations. No quarrel there.

But even in confirming that athletes whose national federations are suspended by the IAAF are ineligible for competitions held under IAAF rules, the CAS panel made plain the way out for the IOC — should it so choose.

Which, of course, it should.

First, the CAS panel explicitly noted that the IOC was not a party to the matter. Thus, the sport court said, it had “no jurisdiction” to decide whether the IOC could accept or decline Russian track and field athletes.

In practical terms, this amounts to blinking red lights and screaming sirens at a train crossing — it says, pay attention, because we just told you it’s OK to take the Russians even if we didn’t explicitly say so.

This is in line, and not coincidentally, with the position taken by the Association of Summer Olympic International Federations, which on Tuesday put out a statement that said, in part, “It is important to focus on the need for individual justice in all these cases and ASOIF endorses all IF decisions, including those that take into account collective responsibility of organizations under the IFs' governance.”

Next, the IAAF, recognizing that a wholesale ban could prove problematic, to say the least, sought June 17 to give the 68 Russians a path to Rio: prove a) “clearly and convincingly” that b) you were outside the country and c) subject to effective controls, then d) you could apply to compete but e) only as a “neutral” athlete.

So: not only did you have to be outside Russian jurisdiction, you also had to meet standards for being tested at a level comparable to your competition but without being told what those standards are. Who to look at? Who are your competitors? If you’re ranked 11th, who? Numbers 1, 2 and 3? Or numbers 8, 9 and 10? Someone else?

Let’s say we’re talking distance running. Now your competitors, for the sake of argument, might be Ethiopian and Kenyan. Hello?

What if you are a sprinter? The Jamaicans? The Americans? Jimmy Vicault, who is French?

What about any of that is fair?

Neutral athletes? What, Russians who “clearly and convincingly” could so prove are going to line up in Rio as a “neutral” nation, marching in the opening ceremony just in front of, say, Norway, their newly designed flag depicting a syringe with a big red X on it?

Would “Neutral” fans have to show up the stadium dressed only in gray?

Would those fans shout: “Go Neutral! Go Neutral!” Just like “U-S-A! U-S-A!” Or, “Aussie-Aussie-Aussie oi-oi-oi!”

Absurd.

So absurd that, in practice, only two of 68 Russians have been able to meet the IAAF conditions.

Accordingly, the CAS panel said it was “concerned” about the “immediate application with retroactive effect” of the IAAF’s June 17 policy, explaining: “Since such Rule invokes criteria based on long-term prior activity, it left no possibility in practice, and as applied, for the Claimant Athletes,” the Russians, “to be able to try to comply with them.”

Back to keeping-it-simple talk: “concerned” in legalese translates to “this is wrong, people.”

Essentially, it is super-unfair.

Which leads directly back to the central proposition:

The three core Olympic values are respect, excellence and friendship, all of which point toward fair play and the recognition that every single person in our broken world deserves to be accepted as an individual and, moreover, measured by his or her own conduct.

Anything less is a gross violation of the Olympic spirit, and on the wrong side of history.

And being on the wrong side, as history teaches, is very, very likely to provoke a whole host of unintended consequences.

CAS: Could, should, even might have been asked

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Three years ago, in the space of a week, 40 track and field athletes in Turkey were suspended for doping offenses. Each got a two-year ban. Of those 40, 31 came in a one-day chunk. Of those 31, 20 were 23 or younger.

Did track and field’s international governing body, the International Association of Athletics Federations, move to ban Turkey? No. Was what happened in 2013 within the current four-year Olympic cycle? Obviously. And yet — the IAAF is seeking now to effect a ban against Russia, and 68 track and field athletes, for the Rio Games? Logically: explain the difference, please.

If only.

At a hearing Tuesday, the Swiss-based Court of Arbitration for Sport — meeting behind closed doors — took up the matter of the Russian ban. An appeal, brought by the Russian Olympic Committee, challenges the IAAF action last November, upheld last month, that seeks to suspend the Russian track and field federation and those 68 athletes, including pole vault diva Yelena Isinbayeva, from the Games amid allegations of a state-sponsored doping conspiracy.

CAS intends to deliver a ruling Thursday. That decision is widely expected to help guide International Olympic Committee policy heading toward the Aug. 5 start of the Games.

Leaving the hearing, Isinbayeva told Russia 24, a state-owned news channel, that she was “optimistic.”

She should be.

A photo posted by Yelena (@isinbaevayelena) on

-- Yelena Isinbayeva on her Instagram account from Tuesday's CAS hearing in Switzerland --

The case pits the notion of collective responsibility against what is elemental in any system of justice, individual adjudication.

Because the CAS hearing was conducted in secrecy, nobody knows what was discussed, or what the three-member CAS panel might have asked.

Like the matter of the Turkish track and field bans three years ago, which assuredly provides an intriguing precedent, the only limit to what might have been asked is the imagination.

Here, then, are a variety of queries that might have been, should have been, maybe even were asked:

— The presumption of individual innocence is a bedrock principle in the law. Why should that presumption be stood on its head in this matter?

— In theory, this CAS case is limited to track and field. However, since any decision is likely to weigh significantly on any IOC action, please answer this fundamental inquiry: why, if a Russian track and field athlete might be banned, should a Russian synchronized swimmer or gymnast — with no record of doping, per the report advanced Monday by the respected Canadian law professor Richard McLaren — be similarly affected?

Doesn’t that underscore all the more the imperative for individualized justice?

— The IAAF task force that reported in June to the federation’s policy-making executive council asserted, at point 5.2: “A strong and effective anti-doping infrastructure capable of detecting and deterring doping has still not yet been created. Efforts to test athletes in Russia have continued to encounter serious obstacles and difficulties; RusAF appears incapable of enforcing all doping bans; and RUSADA is reportedly at least 18-24 months away from returning to full operational compliance with the World Anti-Doping Code.” RusAF is the Russian track and field federation, RUSADA the nation’s anti-doping agency.

These absolutely are serious allegations deserving of careful consideration. At the same time, these same allegations could be made of any of dozens of nations in our world. To name just a few of note in the track and field context: Kenya, Ethiopia, Jamaica. Why a ban aimed only at Russia?

In noting Russian sports minister Vitaly Mutko’s assertion that “clean Russian athletes should not be punished for the actions of others,” the IAAF task force responded, at point 6.1: “There can only be confidence that sport is reasonably clean in countries where there is an engrained and longstanding culture of zero tolerance for doping, and where the public and sports authorities have combined to build a strong anti-doping infrastructure that is effective in deterring and detecting cheats.”

Same question: why Russia only when reason and logic dictate a lack of confidence elsewhere in the world as well?

Jamaica, for instance, contributed only $4,638 toward WADA’s $26 million 2016 budget. Kenya and Ethiopia, $3,085 apiece. How do such contributions in any way suggest legitimacy in the campaign to ensure doping-free sport?

— From the same June IAAF task force report: "At a time when many athletes and members of the public are losing confidence in the effectiveness of the anti-doping movement, the IAAF must send a clear and unequivocal message that it is prepared to do absolutely everything necessary to protect the integrity of its sport ..."

Doesn't this sort of rhetoric merely confirm the theory, advanced by many, that the IAAF bid to ban the Russians is nothing but a play rooted in politics and, as well, public relations?

That the IAAF took the easy way out with the understanding that, per the checks and balances built into the international sport system, this court could then address the Russian grievance -- the IAAF knowing it could then proclaim it had been tough but got overruled by sport's judicial branch?

IAAF president Seb Coe, here at the European championships earlier this month, attended Monday's CAS hearing // Getty Images

-- In a bid to remediate the ban, the IAAF established this policy:

"If there are any individual athletes who can clearly and convincingly show that they are not tainted by the Russian system because they have been outside the country, and subject to other, effective anti-doping systems, including effective drug-testing, then they should be able to apply for permission to compete in International Competitions, not for Russia but as a neutral athlete."

Remediation is a basic principle of law. When such a policy permits one or perhaps two of 68 to qualify, how is this sort of remediation in any way reasonable or fair?

— Mr. McLaren's report, commissioned by the World Anti-Doping Agency, alleges state ties in the wide-scale doping of Russian athletes, and across various sports.

The report suggests that such evidence rises to the level of “proof beyond a reasonable doubt.” Has any of that evidence been tested in a formal tribunal, in particular by cross-examination? If not, isn’t any claim of “proof beyond a reasonable doubt” empty?

— Mr. McLaren’s report says that he would have offered more evidence but he ran out of time. Is it a coincidence, or something more, that Monday, July 18, was an IOC deadline for “entry by name” to the 2016 Games? Is that why Mr. McLaren’s report came out that morning?

More: if Mr. McLaren wanted or needed more time, why didn’t he just take it and provide a more thorough inquiry?

— Mr. McLaren’s report offers literally no proof that Mr. Mutko authorized any of the alleged misconduct it details. Without such evidence, how can a broad-based sanction stand?

— Switching to technical matters, first the Olympic Charter.

Rule 27.3: the national Olympic committees hold “the exclusive authority for the representation of their respective countries at the Olympic Games.” Again, “exclusive.” That means, in this instance, the Russian Olympic Comnittee.

On what legal grounds does the IAAF, an international federation, assert it has the right to interfere with such exclusivity?

Back up to Rule 26.1.5. The IFs, the Charter says, “assume the responsibility for the control and direction of their sports at the Olympic Games.” Nowhere does that rule provide an IF any say over entries.

But Bylaw 2.1 to Rules 27 and 28 does: the NOCs “decide upon the entry of athletes proposed by their respective national federations.”

More on the same point:

Rule 40 says a “competitor” must “respect and comply with the Olympic Charter and World Anti-Doping Code.” The Russians assert they have been submitting to regular testing over the past several months.

Bylaw 1 to that rule says each IF “establishes its sport’s rules for participation in the Olympic Games, including qualification criteria, in accordance with the Olympic Charter.” Again, not entry.

When the Charter seeks to use the word “entry,” it does so. Rule 44 declares, “Only NOCs recognized by the IOC may submit entries for competitors in the Olympic Games.” Not an IF. And no note here about IF review of any entries.

Bylaw 4 to Rule 44:

“As a condition precedent to participation in the Olympic Games, every competitor shall comply with all the provisions of the Olympic Charter and the rules of the IF governing his sport. The NOC which enters the competitor is responsible for ensuring that such competitor is fully aware of and complies with the Olympic Charter and the World Anti-Doping Code.”

Rule 46 details the 'role of the IFs in relation to the Olympic Games." Bylaw 1.7:

“To enforce, under the authority of the IOC and the NOCs, the IOC’s rules in regard to the participation of competitors in the Olympic Games.”

To emphasize: doesn’t that plainly relegate an IF such as the IAAF to the secondary role of “enforcing” participation “under the authority” of the IOC and, in this instance, the Russian Olympic Committee?

— The World Anti-Doping Code, in Article 10, explicitly envisions sanction only when an individual athlete is tied to specific misconduct. How to jibe a broad ban with the Code?

— The Code, Article 11: “In sports which are not Team Sports but where awards are given to teams, Disqualification of other disciplinary action against the team when one or more team members have committed an anti-doping rule violation shall be as provided in the applicable rules of the International Federation.” How can the IAAF apply a broad ban to an entire “delegation” when the rules specifically call for sanction against a “team” such as a 4x100 relay?

— Again from Article 11: consequences against teams are premised on an “Event” or “Event Period’ such as the period of an Olympic Games. There is no “Event” here. How can a broad sanction against the entire Russian delegation, not a team, stand?

— The U.S. Anti-Doping Agency’s charge was, essentially, to be a contractor. When, exactly, did USADA — which has been lobbying furiously in the Russian matter — become a self-proclaimed Olympic movement “stakeholder”? And is that appropriate?

— Like USADA, the IAAF has said it broadly seeks to promote — to take from an IAAF news release — “clean athletes and sport justice.” Is it really here to protect “clean athletes”? Or to protect just the ones it wants to protect?

— Outside each and every U.S. Post Office flies an American flag. The U.S. Postal Service served for years as the primary sponsor of Lance Armstrong’s team during the Tour de France. USADA’s “Reasoned Decision” calls the Armstrong matter “a massive doping scheme, more extensive than any previously revealed in sports history.” What is the distinction between, on the one hand, sponsorship by an independent agency of the U.S. government and, on the other, what is alleged to have happened in Russia?

Cycling’s worldwide governing body, the UCI, did not move to ban the entire American cycling team. Yet the IAAF is seeking to ban the Russians.

Really?

Purposely, door still wide open for Russia

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The most important note from the compelling report released Monday in a World Anti-Doping Agency-commissioned inquiry into allegations of Russian doping is super-clear and, because of that, all the more striking: there is no recommendation about what, as Lenin might have put it, is to be done.

This means the door has, purposely, been left wide-open for Russian athletes to take part in the 2016 Rio Olympic Games. As they should.

To be clear:

The report, produced by respected Canadian law professor and anti-doping expert Richard McLaren, offers evidence that strongly — reiterate, strongly — suggests the involvement of the Russian state in promulgating a program designed to evade anti-doping controls.

Over its 103 pages, the report offers up a narrative of holes in walls, disappearing positives and more.

At the outset of the Toronto news conference at which Richard McLaren delivered his report // WADA

But — and this is the key — the report does not tie specific athletes to specific misconduct. At least yet. Without that, it fails law, ethics, morality and common sense to bar anyone from Rio.

The report also — and this is essential, too — asserts, and repeatedly, that the evidence it is offering up is “beyond a reasonable doubt.”

If only that were the case.

Instead, the report is rife with internal contradictions and more that demonstrate in a vivid fashion the glaring conflict in trying to ban anyone on these grounds.

In sum, the McLaren report amounts to a prosecutor’s brief. A solid salvo. He and his team deserve considered respect. And WADA deserves applause for commissioning his inquiry.

Even so:

There has not yet been any sort of cross-examination, in a formal setting under oath, of considerable chunks of the evidence offered up in the report.

Thus calls for bans or more sparked by the McLaren report amount to howling from the mob. Not justice.

The Olympics are better than that.

The Olympics, at the core, are about fair play.

If the argument is that the Russians corrupted that ideal, the response is elemental: two wrongs do not make a right.

Neither the International Olympic Committee's policy-making executive board nor the Swiss-based Court of Arbitration for Sport -- both meeting this week to consider the Russians -- are obliged in any way, shape or form to dish out collective responsibility when every principle of fairness calls out for individual adjudication.

WADA, upon the release of the report, put out a statement urging that Olympic authorities “decline entries” from Russia for Rio. WADA is under intense geopolitical pressure. Such a statement is super-cool PR, enabling WADA to play CYA in advance of reviews from the IOC and CAS.

The close reader will also note the disclaimer in the “preamble” to the WADA statement, from president Craig Reedie. WADA, he expressly notes, “does not have the authority or remit in respect of entries to competitions.”

There are now two probable paths ahead:

One, the IOC president, Thomas Bach, has already done a deal in Russia to effect a ban for one Games. This would, among other things, serve as protection for the next major summertime sports event involving the Russians, the 2018 World Cup.

This seems unlikely.

Putin, in a statement put out Monday by the Kremlin, after noting the 1980s-era boycotts led by the United States of the Moscow Games and, then, in reprisal, by the Soviet Union in 1984 in Los Angeles:

“Today, we see a dangerous return to this policy of letting politics interfere with sport. Yes, this intervention takes different forms today, but the essence remains the same; to make sport an instrument for geopolitical pressure and use it to form a negative image of countries and peoples. The Olympic movement, which is a tremendous force for uniting humanity, once again could find itself on the brink of division.”

Russian president Vladimir Putin at an Olympic meeting last October in Moscow // Getty Images

If you're going to ban Russia, you might want to ban Kenya while you're at it. Unlikely? If so, how is it remotely fair to ban Russia?

And this: eight years ago, literally during the 2008 Beijing Games, Russia and Georgia fought a brief war. If neither was kicked out of the Games then, and people were actually dying, the IOC would now take the step of implementing a ban (against Russia) because of -- allegations of doping?

Option Two, and far more likely:

The IOC board meeting Tuesday produces rhetoric but no more. CAS issues its decision later this week, perhaps Thursday. The IOC waits after that to “process” (pick your word) everything that’s going on. Then it waits a little bit more. The next thing you know, the IOC says it really needs more information, the sort McLaren makes plain that he has or has access to but has not yet himself processed and, oh, by the way, it’s now too late — see you in Rio, Russians.

One thing that has not been super-cool: the aggressive push from Travis Tygart, head of the U.S. Anti-Doping Agency, and others in the United States and Canada to keep the Russians out.

Their statement over the weekend, calling for a ban on the Russians, suggested — rightly or wrongly — that the McLaren report had been leaked to Tygart, and others, in advance. It had not.

Everyone gets the right, at least in the United States and Canada, to speak their mind. That’s not the issue. The issue is that actions lead to consequence. And — you can believe — many important and influential people in the broader sports movement are irritated, big time, and at Tygart in particular.

It’s not only that such banging-the-drum has not been helpful. Believe it — again — it actually has intensified the risk of seeing happen the exact opposite of what has been asked for.

You can like Putin, or not. Fear the Russian president. Loathe him. Respect him. Whatever. It doesn’t matter. What matters is that Putin is arguably on the top-three list of most important personalities in the Olympic movement. Putin matters. And Russia matters.

More from Putin in Monday’s statement:

“The U.S. Anti-Doping Agency and several anti-doping agencies in other countries, without waiting for the official publication of the World Anti-Doping Agency’s commission, have hastened to demand that the entire Russian team be banned from taking part in the Rio de Janeiro Olympics.

“What is behind this haste? Is it an attempt to create the needed media atmosphere and apply pressure? We have the impression that the USADA experts had access to what is an unpublished report and have set its tone and even its content themselves. If this is the case, one country’s national organization is again trying to dictate its will to the entire world sports community.”

Uh-oh.

Putin goes on to say:

“Russia is well aware of the Olympic movement’s immense significance and constructive force, and shares in full the Olympic movement’s values of mutual respect, solidarity, fairness and the spirit of friendship and cooperation.

“This is the only way to preserve the Olympic family’s unity and ensure international sport’s development in the interest of bringing people and cultures closer together. Russia is open to cooperation on achieving these noble goals.”

Make of that whatever you will. The important thing is that, unprompted, these last two paragraphs also found their way into the Kremlin release.

As Olivier Niggli, the new WADA director general, noted in the agency’s news release: “...senior Russian politicians have started to publicly acknowledge the existnce of longstanding doping practices in Russia, and have conceded that a significant culture change is required.

“The McLaren Report makes it ever more clear that such culture change needs to be cascaded from the very top in order to deliver the necessary reform that clean sport needs.”

That’s going to take time, and money. WADA needs way more than the $26 million a year it gets now, and any number of the roughly 200 nations in the world need to step up big time if the campaign against doping in sports is to become, truly, a priority.

In the meantime, there remains the pressing question: what is to be done?

IOC president Thomas Bach, left, and WADA president Craig Reedie, right, at a meeting last month in Switzerland // Getty Images

Thomas Bach, the IOC president, observed a few days ago in an interview with Associated Press and other wire services:

“It is obvious that you cannot sanction or punish a badminton player for infringement of rules or manipulation by an official or lab director in the Winter Games,” the keen student noting that Reedie is a former badminton champion who went on to be president, in the 1980s, of the international badminton federation.

“What we have to do,” Bach said, “is to take decisions based on facts, and to find the right balance between collective responsibility and individual justice. The right to individual justice applies to every athlete in the world.”

Just to take one of many examples from within the McLaren report:

A graph, page 41, shows the number of “disappearing positives” in various sports.

Russian sport graph

The Russian synchronized swim team is a powerhouse. Is there any mention of synchro on that list? And yet the Russian synchro team should be banned? On what grounds?

Gymastics — where is “gymnastics” on that list? Answer: nowhere.

This is why — shortly after the release of Monday’s report — Bruno Grandi, president of FIG, the international gymnastics federation, put out a statement declaring that clean Russian gymnasts must be allowed to compete in Rio.

He said, ”The rights of every individual athlete must be respected. Participation at the Olympic Games is the highest goal of athletes who often sacrifice their entire youth to this aim. The right to participate at the Games cannot be stolen from an athlete, who has duly qualified and has not be found guilty of doping. Blanket bans have never been and will never be just."

Even McLaren himself, in the report, observes, at page 4, and “IP” in this context refers to McLaren, the “independent person” commissioned by WADA:

“The third paragraph of the IP’s mandate, identifying athletes who benefited from the manipulations, has not been the primary focus of the IP’s work. The IP investigative team has developed evidence identifying dozens of Russian athletes who appear to have been involved in doping. The compressed timeline of the IP investigation did not permit compilation of data to establish an antidoping rule violation. The time limitation required the IP to deem this part of the mandate of lesser priority. The IP concentrated on the other four directives of the mandate.”

Elsewhere, the report asserts, and repeatedly, that evidence rises to meet the law’s most demanding standard, that required for conviction of a criminal case in the United States, “beyond a reasonable doubt.”

Here, a refresher basic: that is for a jury or a tribunal to decide, not the investigator.

Assume, though, that everything in the report is dead-bang true. It's easy to point a finger at "the Russians." It's a little different to say -- more, to prove -- that Igor, or Sasha, or Svetlana, or whoever had his or her sample swapped. Even if you can prove that, does that mean Igor or Sasha was doping? Did he or she know the sample was being swapped?

At page 87 of the report, McLaren notes, "The Moscow Laboratory personnel did not have a choice in whether to be involved in the State-directed system."

By the same logic, did athletes in this system have a "choice" in alleged use of illicit performance-enhancing substances? The report, page 49, details the concoction of a doping cocktail -- the Russians called it "the Duchess" -- that consisted of the steroids oral-turinabol, oxandrolone and methasterone. These were dissolved in alcohol -- Chivas for the men, vermouth for the women -- and swished around the mouth for ready absorption.

It doesn't take much imagination to conjure up a situation in which a Russian coach approaches Igor, Sasha, whoever with a glass of the Duchess and says, more or less, "This is your treatment." In such a situation, would an individual athlete feel he or she had the "choice" to say no?

For sure, whatever is in the system is an athlete's responsibility. This is a fundamental premise of the anti-doping rules. But the rules also now expressly acknowledge that intent to cheat -- or not -- matters, too.

As for further specifics that cut to the credibility of what's at issue:

McLaren “did not seek to interview persons living within the Russian Federation. This includes government officials,” page 8. So the report is deliberately one-sided?

“I am aware,” McLaren writes at page 21 in reference to the principle witness, Dr. Gregoriy Rodchenkov, the former director of the Moscow lab, “that there are allegations made against him by various persons and institutional representatives. While that might impinge on his credibility in a broader context, I do not find that it does so in respect of this report.”

Of course broader allegations might significantly impinge on Rodchenkov’s credibility. That’s another basic. Putin goes on for an entire paragraph in his statement about such allegations. Yet these assertions are not explored in any detail? Moreover, just to play common sense — how is it that Rodchenkov finds himself now in Los Angeles? From what source or sources might he have money to, you know, pay rent and buy dinner?

At page 25-6: “The compressed time frame in which to compile this Report has left much of the possible evidence unreviewed. This Report has skimmed the surface of the data that is available or could be available. As I write this Report our task is incomplete.” By definition, “incomplete” means exactly the opposite of “beyond a reasonable doubt.”

Page 56, and a reference to the FSB, the Russian security service: “… it was not possible to fully determine the role of the FSB in sport and doping. The IP has only gained a glimpse into the FSB’s operations.” A “glimpse” does not make for proof beyond a reasonable doubt.

More of the same at page 59, referring to a specific FSB agent: “Were FSB [agent] Blokhin’s actions approved at the highest level of the FSB and the State? The IP cannot say.”

Without being able to say, there is a hole in this well-meaning report big enough to drive a truck through. About, oh, the size of the tunnel underneath the stadium in Rio from which the athletes enter for the opening ceremony.

See you there, Russian delegation. Behind your red, white and blue Russian flag.

Congress, yet again, proves Mark Twain right

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“Suppose,” the American author and humorist Mark Twain once said, “you were an idiot. And suppose you were a member of Congress. But I repeat myself.” The United States House of Representatives, which can’t agree on gun control legislation or pretty much anything, makes it a priority in the doldrums of a Washington summer to weigh in on issues sparked by allegations of doping in international sport?

The House Committee on Energy and Commerce sends a letter to the International Olympic Committee president, Thomas Bach, just days before a World Anti-Doping Agency-commissioned report into allegations of state-sanctioned doping in Russia? For what purpose?

The IOC president, Thomas Bach // IOC

Here is the answer: once again, to highlight the ridiculous inconsistencies and political posturing all around, and in particular from the committee, chaired by Representative Fred Upton, a Republican from Michigan.

Mr. Upton represents Michigan’s 6th District, in the southwestern corner of the state. His district includes Berrien County. At that county courthouse on Monday, according to authorities, an inmate grabbed a deputy’s gun and shot four people, two — both retired police officers — fatally.

On Tuesday, Mr. Upton sends out a letter to the IOC president?

From the letter: “Athletes worldwide, including those that will participate in the upcoming Rio Olympic Games, must have confidence that their sports are completely free of doping and that all governing bodies in international sport are doing everything possible to ensure that result.”

This is wishful thinking. Completely free of doping is never going to happen. Repeat, never. “Zero tolerance,” like Nancy Reagan’s “just say no,” is empty rhetoric, for two reasons: one, doping works and, two, elite athletes want to win. Including Americans. See, for instance, Marion Jones and Lance Armstrong, among many others.

At any rate, who appointed the U.S. House the moral, legal and ethical guardian of “athletes worldwide”?

Next sentence: “To ensure the integrity of the Olympic Games, we need assurances from sports’ international governing bodies in the form of decisive actions, not just words. The failure to do so is simply irresponsible and we will not remain silent.”

For sure, when it comes to being irresponsible, sanctimonious and hypocritical, Congress has that down. An awful shooting on Monday. The “decisive action” of a letter to the IOC president on Tuesday.

Left to right, in May at the U.S. Capitol: Michigan congressman Fred Upton; his niece, model Kate Upton; and her fiancee, Detroit Tigers pitcher Justin Verlander // Getty Images via Tom Williams/CQ Roll Call)

Beyond which, and again — it is not, repeat not, the mandate of the United States Congress to “ensure the integrity of the Olympic Games.” Anymore than it is the province of the Japanese Diet, Russian Duma or Israeli Knesset.

If Mr. Upton or his committee might ever seriously be inclined to take “decisive action,” here’s a concrete suggestion:

Stop talking the talk and start walking the walk: find some real money to advance the anti-doping campaign, either within the United States or, on the spurious grounds that this particular House committee has any extra-territorial reach, with its friends (or not) in other governments.

WADA’s 2016 budget is $26.3 million. The United States government contributed $2.05 million. That’s not even 10 percent. Yet Congress wants to play big dog? Absurd.

For 2016, the U.S. federal government expects to take in $2.99 trillion and spend $3.54 trillion. Whichever number you want to use as the denominator — $2 million is an almost infinitesimal fraction.

Here are some other numbers:

Major U.S. college athletic departments run with revenues way, way, way bigger than WADA. Texas A&M, for instance, took in $192 million in operating revenue during its 2014-15 fiscal year. Oregon reported $196 million in 2013-14.

A real difference-maker would be to get that kind of money for the anti-doping effort.

China gave all of $286,365 toward WADA’s 2016 revenues. The United States led the London 2012 medal count. Second? China. The Chinese can’t give more than $286,365?

Kenya, the powerhouse of distance running, also now under keen suspicion for doping issues? The Kenyan government gave WADA a grand total of $3,085. That’s three-thousand-eighy-five. Not $3.085 something. Exactly $3,085.

That Usain Bolt guy? Jamaica contributed precisely $4,638.

Peru? Where, in Lima, the IOC is due to hold its general assembly next year? WADA has invoiced the government of Peru $20,853 for 2016. Total received, as of July 8: zero.

Qatar? Where the 2022 soccer World Cup is going to be staged? Where natural gas made Qatari citizens the world’s richest in a generation, and where a number of leading U.S. universities now have branch campuses? Qatar was invoiced $70,438. They have paid.

The Japanese government contributed $1.5 million, in the ballpark with the American contribution. Do you hear the Japanese — hosts of the 2020 Tokyo Games — writing a same or similar letter to the IOC? Curious.

The governments of Germany, France, the United Kingdom and, yes, Russia contributed the exact same amounts: $772,326 apiece.

The British, too, have a tendency to hold Parliamentary hearings on matters that do little but serve as kabuki theater — for instance, hauling Seb Coe, the president of track and field’s international governing body, the IAAF, into Westminster in a bid to score political points.

As for the French and Germans? Their legislative bodies have more important things to do. Like, maybe, in the wake of Brexit, keeping the European project together.

A letter like the one from Mr. Upton accomplishes precisely nothing.

At least nothing constructive.

To be brutally frank, it holds the risk for real damage in potentially undercutting the Los Angeles bid for 2024, the very thing that actually could effect real change if not bring a well-deserved spotlight throughout the United States, and beyond, to the many ways the Olympic movement — and the anti-doping campaign in particular — could be improved by reform.

To be clear: there has not been a Summer Games in the United States for 20 years now, since Atlanta in 1996. The last Winter Games? Salt Lake City, 2002.

If LA wins, it will be a generation since the Games came to the United States.

And yet Congress is playing busybody?

The only good news: there haven’t been demands for congressional hearings.

This is something of a change.

Because this, for those with a ready sense of history, and rest assured there are many members of the IOC with a keen sense of history indeed, is not Mr. Upton’s first go-around in seeking to leverage the Olympic movement for headlines and political attention-seeking.

He and Senator John McCain, the Republican from Arizona who for years has been the leading force on the Senate’s Commerce Committee — the two panels with oversight over the U.S. Olympic Committee — pop up with regularity, like whac-a-moles at the county fair, when it’s seemingly to their advantage to put the Olympic rings is in the spotlight.

A June 20 letter from that Senate committee to WADA president Craig Reedie went out from the current chairman, John Thune of South Dakota. But you have to be naive to the max to think that McCain wasn’t involved.

And why wouldn’t he be?

McCain is up for election in November. The Olympic movement makes for a convenient target.

Since McCain is himself an avowed student of history, you’d think maybe he would understand that all actions carry consequences.

Let’s dial the wayback machine to the late 1990s, and the scandal tied to Salt Lake’s winning 2002 bid.

According to published minutes from the IOC’s policy-making executive board, its members often expressed considerable friction when it came to Congress and, by extension, the USOC.

As well, and in the context of the current focus on Russia, it’s something of a case of pot, kettle, black or, if you prefer, glass houses — the minutes showing the United States being accused of being inconsistent in the fight against athletes’ use of illicit performance-enhancing substances.

A number of IOC members and staffers, to quote from the story that I wrote on this very issue for the Los Angeles Times in February 2002, said they believed U.S. officials had not been forthcoming in disclosing positive drug tests — in particular, the matter of a U.S. track star allowed to run at the 2000 Sydney Games despite a positive test for a banned steroid. It wasn’t until 2003 that the LA Times reported that athlete was the 400-meter standout Jerome Young.

Indeed, at the public IOC session immediately before the opening of the Salt Lake Games, here was the longtime Canadian IOC member Dick Pound calling on international track and field officials to expel USA Track & Field for refusing to disclose the names of athletes with positive tests. What do you know? U.S. officials consistently denied any wrongdoing.

Former WADA president and IOC member Dick Pound // Getty Images

Sir Craig Reedie, WADA president and longtime IOC member // Getty Images

In the 2016 context, it is well worth noting what Bach said Wednesday when asked about the Russians. He observed, “The right to individual justice applies to every athlete in the world.”

He also said, and if anyone in Congress would pay attention amid what increasingly seems like a rush to demonize everything Russian, Bach was essentially espousing one of the fundamental principles of American justice: “Everybody not implicated cannot be made responsible for the misbehavior of others.”

Pound, meanwhile, served as the first WADA president. Now there are cries that Reedie has a conflict of interest because, just like Pound, he is a senior IOC member and serving WADA as well? Where were those conflict cries when Pound was president?

The reason men like Reedie and Pound serve interlocking directorates within the Olympic sphere is simple: it takes years to understand the politics, finance, diplomacy and culture that attends international sport, in particular the Olympics. Evidence? The USOC hired an outsider, Stephanie Streeter, as CEO in 2009. She stayed for a year, forced out because she didn’t — couldn’t — understand.

When Pound a few months ago delivered the independent WADA-appointed commission report accusing the Russians of multiple wrongdoings, he was widely hailed as a hero. No thorough examinations of the potential for conflict because of his IOC and WADA ties? Curious.

Amid the Salt Lake scandal, both McCain and Upton formally demanded that then-IOC president Juan Antonio Samaranch testify before Congress.

An influential Belgian IOC member at the time, Prince Alexandre de Merode, for years a leader in the anti-doping effort, declared McCain’s letter “extremely arrogant,” saying, “The IOC did not have to justify itself to the United States.”

The then-senior Chinese IOC delegate He Zhenliang, according to those IOC minutes, said he did not wish to “comment on [Upton’s] knowledge about the contemporary world nor pass judgment on his IQ. But what [He] could not ccept was the manner in which [Congress] was treating the IOC, a supranational organization, namely as if they were servants in his house. Such arrogance was unacceptable.”

Jacques Rogge, also of Belgium, said Samaranch ought not testify voluntarily “under any circumstances.” He said, “Despite good preparation and support, this would be bad PR and would be an ambush by the USA.”

Jacques Rogge, the IOC president from 2001 until 2013, and his wife, Anne, at the 2016 Wimbledon women's final // Getty Images

Juan Antonio Samaranch, IOC president 1980-2001, with Rogge at the 2010 Vancouver Winter Games // Getty Image

Samaranch did end up testifying, in December 1999. It proved not an ambush. He played wise international diplomat.

Rogge went on to become IOC president in 2001, serving until 2013. What happened to American interests in the Olympic movement during his 12 years? Politically, the U.S. was marginalized. Economically, a huge rift erupted over USOC shares of Olympic revenues. Baseball and softball? Axed from the Games. New York’s bid for the 2012 Games? Lost big, in 2005, to London. Chicago’s 2009 bid for 2016? Lost big, in 2009, to Rio.

Bach has been president now for nearly three years. He learned a great deal about how the IOC works from observing, and working closely with, none other than Samaranch.

“We look forward,” Upton’s letter concluded, “to working closely with IOC, WADA and others toward this end,” a reference to the call for “assurances” regarding Olympic integrity.

Good luck with that, congressman. Olympic integrity is assuredly a good thing. But why would the IOC want to work with you? Better you should brush up on your reading before you prove the master right again, for Twain also observed, “All congresses and parliaments have a kindly feeling for idiots, and a compassion for them, on account of personal experience and heredity.”