Friday, November 17, 2006

Closer Look at the "Typos" Give More Doubt

By Correspondent Marc, who reconstructed the Ferret pages.

Click on a page image to see the original PDF scan.

The recent news took me back to the original Ferret documents where I noticed some anomalies I had not before.

Up until now, I was not too sanguine about the "label typo" defense, but looking again at certain pages of the lab report has made me a believer, at least to the extent of saying that the mistakes are serious enough to throw significant doubt on how reliably we can associate the laboratory conclusions with Floyd Landis. The relevant pages of the report (they relate to the A sample, I believe) are USADA 008 (= Ferret p. 3) and USADA 009.

I had been puzzled by the newspaper reports (Le Monde, Figaro, etc.) saying that the labelling error had been in typing 994 474 instead of 995 474 (Floyd’s actual ID number) since, on USADA 008 I had earlier noticed an error substituting 995 475 for 995 474 (that is, an error in the sixth digit rather than the third digit). As it turns out, though, I think both errors were made (by different people), and together they muddy the water enough to make me queasy about relying on the lab results.

[MORE]



It was looking at USADA 009 that showed me something I had not noticed before. On p. 009, the official in charge of "approving" the IRMS CIR--the isotope--results (this official and all others, including the "Caroline Loubet" who signed at least one of the letters in the packet Sam Abt received, can be identified from pages 019 and 020 of the report) repeats the results reported on p. 008 (the lab report). The original lab report is dated July 24; the approving report is dated July 25. No problem.

But the approving official clearly wrote the wrong ID number, originally writing 994 474, I think, and corrected it by writing a much larger 5 over the original wrong digit. (This, I think, must be the source of the newspaper reports of what the labelling error was.) Even this would scarcely be impressive, except that if you go back to the lab report, it looks very much as if the person "validating" the original test also wrote down the wrong ID number. It looks to me as if the correct number, 995 474, has been written on top of correction fluid whiting out an earlier error.

I found two aspects here significant.

  1. The newspaper reports make it sound as if the error was a simple typing error, made while preparing the final report for distribution. But in fact the error was not a typing error at all. It was a handwritten error--a copying error from one source to another, probably--made not once but twice, by two different people.
  2. The error was not made in some distant office during the final prettying up of the report for publication, it was made in the lab report of the isotopic test, then again in the immediate technical approval of the lab report. One explanation of these consistent errors so near the lab level would be that these errors are the result of a very early labelling error of the specimen or aliquot. But if that were the case, then I would say from a defense point of view that the association of the tested sample with Floyd is fatally flawed.
It is also possible that the approving officer put down the wrong number by copying the wrong number from the validating scientist's mistake on the lab report, realized it was wrong, corrected it by overwriting the 5 on his report, then went back and made the validating scientist correct the number on the lab report. But at this distance, how could you prove that was the sequence? Even if you asserted this were the case, very much the same doubt would remain about the reliability of the identification of the sample.

I don't think there can be an entirely innocent explanation for this double error. Somewhere--and I'd say quite early in the process--there was some sort of sloppiness. To these officials these are merely 6-digit numbers. (It is only supposed to be us who know that one of those 6-digit numbers is Floyd Landis.) Two officials make the same error in transcribing a particular specimen's number? Doesn't that suggest that the specimen came to them with the wrong number on it? For that matter, how would the second official know that the number was wrong, since it was merely a number? But such unanswered questions are the very heart of the Landis defense, and I am now convinced that there really are grounds for doubting the association of those results to Floyd.

But there were also some quite different questions that arose when I took my latest look at these documents.

The misidentification I had originally noticed (995 475 instead of 995 474) was committed by different person than the ones who made the error reported in the newspapers. You can see this different error on p. 008, just above the isotope results. It is clear to me that it is a simple error since this person has written Floyd's ID correctly in the lower portion of the form. (This is an "approving" official actually, and you can confirm that it is the same person who wrote both sections by the handwriting and the idiosyncratic way of doing dates). This official was in charge of approving the results of the gas spectrometer tests. In the lower part of the form, Floyd is reported as normal or negative for this battery of tests, though the official reports above that those test results are unreliable because there is evidence of masking.

Both notations by this official are dated July 25--that is to say, a day after the isotope tests. My new questions: if this is the A sample (before you had any reason to suspect wrongdoing), why would you do the isotopic test before you got the results back from the gas spectrometry tests? And why isn't there any discussion in the lab report as to why the initial normal/negative results were treated as suspect?

Couple the premature (or does it not seem to be, to others?) performance of the isotope tests with the inability of the IRMS officials to pin the right ID number on the sample, and you've got a situation murky enough to cast doubt on the reliabilty of the final results.

Marc

[end]

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Friday Roundup

Quote of the day

The anti doping system is deeply flawed in bringing about any real ethics or justice and accomplish the real job before us to make all sports drug free. But go ahead and make this statement one that I am soft on doping, which is untrue. I am hard on justice and ethics procedures that will accomplish the job.

The current system won't, and in fact hasn't.

But Hell, let's set up the guillotine and roll the carts its too damn much fun to watch the heads roll.
(link)

News

AP via NBCSport.com first report about slideshow 2.0 by Dr. Arnie Baker in Tucson. Report is light on defense details of interest here, but Baker showed some of the hack documents. He said he wasn't the hacker, that he's had them more than a month, and that he's gotten them from multiple sources. He also said that the authorities should be more concerned about what's in the documents rather than where they came from.

Arizona Daily Starsays Landis will attend El Tour in Tucson tomorrow
Race founder Richard DeBernardis said Landis was trying to decide whether to ride on a tandem with coach Robbie Ventura, ride alone, or be a spectator and walk to the start line of each of El Tour's races

Tucson Citizen says,
Top American cyclist Floyd Landis will be on hand but will not race in the El Tour de Tucson on Saturday, El Tour officials said Friday.

Cycling News has more from Mr. Pound and more on DNA.
On the issue of the Floyd Landis case and the alleged external intrusion on the main server of the Châtenay-Malabry laboratory, Pound argued that "For me, the real problem is the activities of one or more hackers who entered into the system without permission, possibly against the law. We have to wait for the result of the investigation. There will be a hearing in January, where arbitrators will consider all the evidence."

Press Release about Baker talk gives more hints. Key arguments will be:
  • Best practice and WADA positivity criteria were not met
  • There were significant LNDD lab errors
  • The sample analyzed was contaminated
  • LNDD's testing procedures are unreliable and illogical
The release says the download of the presentation won't be available until Monday, which surprises us.

At Sports Illustrated, Austin Murphy praises Andreu as a sportsman, and takes a carefully balanced view of Landis. He'd previously been critical of Landis, but seems to be backing off.

The Times (UK) rounds up a number of recent stories.

Blogs
At TBV, Marc looks at the typos again, raises more questions.

Shmigginations is justifiably irked at generalized anti-French xenophobia.

Hack-in-the-box briefly notes the computer security angle.

GetOutdoors says Landis is still a dope.

Rant goes off about the separate French case mentioned yesterday by Bordry.
PJ considers Bordry, and implies he's criticising TBV. Huh? I can't hear you, sonny.

The Boulder Report manages to blend Thomas Dolby and Alan Greenspan with Floyd and Landis:
Froth would be a good way to describe the reaction to the news this week that the Chatenay-Malabry laboratory, which performed the test which apparently caught Landis doping with testosterone, had its computer system breached and records surreptitiously gained by an intruder who, according to reports in the media, may be an associate of Landis’. Landis denies this completely, saying it’s yet another instance of character assassination.

He's not happy with what he sees as Landis's exploitation of USADA gagging itself, nor of blogdom's tendency towards blowhard punditry. (I think he means Rant.) Comments to the article debate about the responsibility of blogging and forums in the case.

Other blogs chip in: Poli-cycle, James Dixson invokes The Dude; Vanderhoot doesn't want a technicality decision and has good comments; Better do it right is confused; Triple Crankset is resurrecting Floyd; Ion Resistance says, "
Procedure is usually the guilty man’s argument, but not this time."; TourDeFrancLogue dittos TdFblog, and also comments on Jen's great idea.

The Sauce cites S16 as an example about dehydration and recovery.

Forums
At DPF, Jimmy looks at Marc's typo review, and isn't as disturbed, thinking they are all on non-substantive summary pages.

[end]

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Thursday, November 16, 2006

Thursday Roundup

Quote of the Day

I'm gonna give you a rule of thumb. You foller it and you just might hold on to this ranch of yours. All large-scale crime is an inside job. Takin' fingerprints and sendin' trash off to the lab just don't ger her done. If you're dealin' with people, you gotta be human.
(link)

News

IHT got a brown envelope in the post, and Sam Abt doesn't think the contents are very forged looking, or taken much out of context. His writing is alive again after a few months of deadness:

Still, what a stupendous fraud this is: A hacker penetrated the firewall of the laboratory's computer, extracted some mistakes and printed them out for distribution all over the world.

What a concept! O brave new cyberspace that has such people in it.

Give that man/woman a cigar. Keep the brown envelopes coming.


The headline writer doesn't seem to have captured the spirit of the article. Abt gives some longer quotes of the "sorry to bother you" mail sent to various federations admitting testing errors.

CyclingNews reports a Le Monde story where Bordry shoots back. In particular, he says there is a French sport discipline case open against Landis, which is news to us. He claims his agency is unprejudiced and that he has no idea who broke into the LNDD computers, or he would have said something in his complaint to the Police.

Same article has comments from Landis on the hackery: "any claims attributing these actions to me or my defense team are baseless, untrue, irresponsible and another example of the character assassination that I have faced since the initial allegations surfaced in July." (Then he took off his reading glasses.)

Guardian runs a brief where de Ceaurriz insinuates Landis is associated with the hacking, but doesn't say so directly: "What gives us food for thought is the fact the two events are almost synchronised."

Reuters now has Lamour, candidate to replace Mr. Pound at WADA, defending LNDD on the typo.

The Australian combines wire reports about WADA summit where "solutions" being considered include doubling bans to 4 years, and eliminating the need for that pesky B sample test. That'll teach 'em.

PezCycling News EuroTrash Thursday gives its own spin on the Chatenay Malabry hacking incident: Tres Bizarre Happenings In France
This week’s most bizarre story comes from France where the police are currently investigating a possible violation of the e-mail system of the Châtenay-Malabry anti-doping laboratory. What does this have to do with pro cycling you ask? Well, this particular French lab has been responsible for (amongst others) the positive test concerning Floyd at the Tour de France this year.

In the current Reuters story, Henson has had time to reload:

"While the whole of the Landis defense does not rest on this single mistake, today's news validates our claim that there is more than enough fact-based evidence in the public material to prove Floyd's innocence," Henson continued.

"We requested last month additional testing information and documentation that is within the guidelines established by (World Anti-Doping Agency) WADA, but that request has recently been denied by (United States Anti-Doping Agency) USADA."


Marc provides a comprehensible translation of yesterday's Le Figaro story:
French lab’s wrong number

Prof. Jacques de Ceaurriz, director of the National Doping Detection Laboratory (LNDD), has admitted that a labelling error was made during the analysis of Floyd Landis' B sample. The rider is expected to present this new line of defense Friday.

Tuesday, Floyd Landis' internet site announced that on Friday the rider would present new elements of a defense against his positive Tour de France doping test, at a press conference in Tucson, Arizona. With the support of an associate, Dr. Arnie Baker, he was intending to reveal new scientific arguments proving his innocence and the malfunctioning of the Laboratory in Châtenay-Malabry. By Wednesday [however], pretty much all of what the American was planning to reveal was already known. Thus, expanding on information received by the newspaper le Monde, Prof. Jacques de Ceaurriz, director of the National Doping Detection Laboratory, admitted that an error was commited during the re-analysis which confirmed the presence of testosterone in the former Yellow Jersey. The mistake, as it happens, is a typo--the number written in the official summary of the re-analysis not being the right one (994 474 was written instead of 995 474).

Heading towards a procedural error?

That in no way means that the B sample was not Floyd Landis', but the windfall was too great for the rider's lawyers not to utilize this heaven-sent line of defense. In any case, it could not arrive at a worse moment for the Châtenay-Malabry Laboratory, [on the one hand] discredited at the beginning of the week by a grim story of data piracy, seemingly committed by a hacker who was a partisan of Landis, and [on the other,] the victim of an internet destabilization campaign [led] by the rider's entourage. Prof. de Ceaurriz tried in vain to characterize the error as "minor"--it may well lead to the cover-up of one more unsavory story. Now that Operaton Puerto is dead in the water, Floyd Landis may well get off lightly. The rider, who has always denied having doped, and who reaffirmed this in recent days, now sees the way out through a procedural error opening up as if by magic.

CyclingFans have two days of coverage on 15-Nov and 16-Nov, including much new information on the urination contests going on in France between media outlets and between branches of the state apparatus. Tres political, c'est Francais. Also says L'Equipe is doubling down on their claim the hack was by someone in the Landis camp.

VOA has first coverage I've seen from them.

Blogs
Dugard senses a paradigm shift in MSM coverage.

PJ pitches the movie, but it's too implausible.
VeloChimp opts for the Wrestling metaphor.

Doucheblog makes some interesting points from a lab employees perspective ( with his usual colorful language)
I'm trained as a chemist (B.S.), and I've worked in and around various kinds of laboratories for the past 15 years. One thing that's continually drummed into your head from the time that you're in college is that, without proper documentation, your tests and the data that they generate are meaningless.

Jagular talks about typing error with a friend at the grocery store, and hears this:
They say he take drugs and win a race. He no take drugs. He eat a Thai food. Thai food it make him a man. French food no make testosterone. French food same like soy. Make estrogen. He eat Thai food, he make a man. Make too much testosterone and win race."

Rant does his thing - from little mistakes, big mistakes grow. Wait till he reads IHT/Abt, above. PJ adds in a comment, "Usually when my kids admit to something 'small' it means they don’t want me to find the other stuff that is not so small."

Later, Rant reads Abt, and has much to say about it (Looks like PJ was right). Debby adds in a comment:

What interests me is the variety in the letters. How did the sender decide which sports to focus on, and which specific lab reports to pull? Why those particular ones (squash?!), unless you were an employee or otherwise had knowledge of which test results were controversial? The only non-lab employee explanation I can think of is that the LNDD did leave their computers unprotected for two months, and some poor, dedicated hacker spent every night going through each record until he found ones that didn’t look right. Either way, it makes the lab look pathetic.


Lordz of Vengence latch on to the typo like it is a lifeline; Ditto CommonManSyndrome, ArtAsAuthority, JoustTheFacts, 20millionminutes, racejunkie, DiscerningTexan, CentennialMan, IronPol, ArchPundit, SportsFilter comments, VeloGal, SportsOasis, WickedOutdoorsy, PushBackIgnorance, cashbox, TheAdventureBlog; Wait till they read IHT/Abt, above.

CycleBoredom thinks Landis is fat and not helped by the hack attack.

TourDeFranceLogue snarks Mr. Pounds NPR interview.

The Gods of Sport tell Floyd Landis fans not to get excited so fast!

Forums
At Toxic, regular Landis basher "Will" decides Sam Abt is not credible. Abt will be crushed.

At DPF, Tom Fine figures it was an inside job, and explains why. We will note that on the TBV movie picks list, there is one where, "always an inside job", is a key observation. And another with the climactic exchange,

"You're not a good guy at all! "

"I'm a lawyer, you idiot!"

[end]

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Wednesday, November 15, 2006

Wednesday Roundup

News
AFP via Velonews has Lab admitting some "typing error" in Landis LDP. Slightly different AFP version here, also CyclingPost. The original Le Monde story is here, (machine english here) and emailer Marc provides this translation:

The national doping detection laboratory (LNDD) at Châtenay-Malabry (Hauts-de-Seine department, which was the target of a data piracy attack aiming at discrediting it (Le Monde 15 nov.--[note: le Monde is an evening paper published with the next day's date on it, so the Nov. 15 le Monde was yesterday's]), indeed did commit an error during the processing of Tour de France winner Floyd Landis' positive test for testosterone. According to our sources, the rider's B sample--whose analysis confirmed the presence of exogenous testosterone--was mistakenly logged with the wrong number in the official summary of the second analysis.

Floyd Landis' ID number was 995 474, while the lab's summary had it written as 994 474. This purely administrative error does not mean that the positive B sample was not the American's. But it was used by his lawyers today--who also are promising to present "new elements of the defense" Friday Nov. 17 in Tucson AZ--to challenge the positive doping test.

Also of interest, in paragraph 4, a police source states:
As of today, no one has been identified as the presumed author of this attack. We're only in the evidence-gathering phase. We're like the detectives who turn up at the scene of a crime.

Interesting stuff about organizational changes and Bordry too.

Le Figaro has a new article, translated by machine

Similar report from AP, with outgoing fire from Jacobs. IHT gets its own story from Sam Abt, after talking with Henson. Headlined: Landis camp denies it hacked computers at French laboratory. German Press agency story; Bloomberg too.

AP via Velonews
has Mr. Pound talking about it all. Lets the typo off the hook, says monitoring everything, Landis will get his hearing, confidence in Lab. Want support for revision of the WADA code; also Reuters. Carlton of Bikebiz posts audio of the interview.

Eurosport reports Austrian libel suit by ski coach against Mr. Pound going forward.

Mail to Velonews thinks hacking lab shows shoddy practice, implications against Landis are smears.

20minutes.fr, translated, reviews hacking and forecasts slide show 2.0.
CyclingNews anticipates new slide show, and touches on hacking incident.

Blogs
Spinopsys says it's starting to look like "Spy vs Spy" ( can Alfred E Newman be far behind?)
All this over what appears to be a pretty amateurish attempt by some disgruntled or fame seeking idiot attempting to get their jollies from the media attention and sturm und drang generated on both sides of this case - in this instance I’m thinking one fifteen year old, an all-nighter, Google translate and sixteen cans of Jolt.

TdfBlog notes coincidental timing of breaking this apparently ongoing hacker story two days after the TV interview.

French Blog, translated, thinks it's cheat, deny, deny, attack lab, hack.

Michael Wentz takes the "typing error" admission and runs.
VeloGal does zee zame zing. As does AMcGLtd.
TdfBlog picks up too, translated.
SayOw changes his mind.
PJ weighs in, ditto dmotion.

Red State Rampage
starts a political screed observing Landis seems to have been screwed.

Calendar
Landis on HBO's Real Sports with Bryant Gumbel next Tuesday.

Forums
At comp.os.linux.advocacy, there's always a Microsoft angle.

At rec.bicycles.racing, one post offers a QoD candidate:
When did l'Equipe retract a story? I certainly don't remember it, in fact they stand over what they wrote..

While another wonders

What I surmised happened is that the Lamer tried to get into the system, failed, and then forged the lab reports - they are apparently forged - then dummied up the emails with the spoofed 'sender' fields. It's easy to do, and Davey has actually been doing it the last week or so since he got a net connection again until he can get all the configs etc. updated and DNS changed over

. . .

But if the perpetrator is liked to Landis, it could be another nail in his coffin

And to wrap up, our lesson in Hax0r speak:
4£0¥Ð £4nÐ1$ 1$ l33T!

(Microsoft's decoder ring for parents; teh Wikipedia version)

You are truly a net nerd if this cartoon has you ROFL.

[end]



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Tuesday, November 14, 2006

Tuesday Roundup

Quote of the Day

First everyone said Floyd looked too NASCAR, and now he's supposed to be Mr. 2600? If Floyd Landis is a computer hacker, I'm Lex Luthor, evil genius supervillain.

(link)

News

AP report in the International Herald Tribune says that the computers of the Chatenay-Malabry lab were hacked:
PARIS: A hacker attempted to steal data from computers at the French anti-doping lab whose test procedures are being challenged by American cyclist Floyd Landis, police said Tuesday.

Some possibly stolen lab data was put into email apparently forged (not well) to look like it was from LNDD, and sent to a lot of places. The data included is said to make the lab look unreliable. The spin from those at the labs breaking the story is that the information was taken out of context. As well as the hacking, they are offended by the bad French in the email.

L'Equipe says French police are pointing a finger at someone near Landis, which remains unconfirmed.

This isn't fun and games, because there is possible criminal hackery involved, and spooky NSA/CIA/Patriot Act stuff.

Translated L'Equipe report, also CyclingNews, CanadianPress, Reuters, Eurosport, VeloNews,
ProCycling, AFP, 7Days.ae, BikeBiz (with some new info); Guardian also has a new take.

Translated Le Monde article describes the contents of the email:

On the whole, five facsimiles of documents of the LNDD were sent. Two dated September 13 mails addressed to the presidents of the French and international Federation of swimming explain why sample 338.439 was confused with the 338.349. A third mail dated July 6 and addressed to the president of the international Federation of basketball precise that “a réanalyse of sample N o336 186 cancelled the presence of one of the metabolites of the mestérolone (due to a contamination of the urinary white)”. A fourth mail dated November 17, 2005 and addressed to the president of the international Federation of associations of athletics indicates “the date of the taking away was noted the 29/11/2005 instead of the 29/10/2005” and requires “to destroy the erroneous report/ratio of analysis”.

A fifth letter dated May 10, 2005 and addressed this time to the president of the international Federation of squash precise that of “the terbutaline was allotted to the bad sample” and also requires “to destroy the erroneous reports/ratios of analysis”. In each mail, the LNDD kindly requests “[it] to excuse for this error”.

These parts, underlines Pierre Bordry, voluntarily “were taken out of their context” or “were falsified”. The heading of the LNDD is a coarse reproduction. The letters use approximate French. Thus small introductory text: “Please find herewith information very interesting.”

The documents were also sent to several French and foreign journalists having covered the edition 2006 of the Outer Loop, like with the international Union cyclist (UCI), in Amaury sport organization (ASO) - the owner of the [Tour]. The list of the recipients also includes lawyer of Floyd Landis, Howard Jacobs.


This is the first mention of the content, which Bordry says is "out of context" and "falsified."

Network World isn't impressed with the Lab's security, or Mr. Pound's reaction.

National Ledger thinks the movie will be good. I'm thinking confused.

The Arizona Daily Star reports Landis may come to Tucson Friday with Dr. Baker, but not to ride. Baker on his upcoming presentation:
"I looked at that package, and now I have a lot of facts. Now I have something to say, I was astonished at the lack of quality of the documents, or the apparent lack of quality from the lab of their analysis."

Procycling covers interview.

Forums

DPF discussion of the hackery.

Floyd: Yea, what's going on? Now I'm responsible for leaks from inside the lab? What next?

Chris t: I agree Floyd, it is pretty absurd, but seeing as your camp propogates conspiracies like rabbits breed, you must see the irony here biggrin.gif

Floyd: Yea, point taken.

Strbuk: No, but as has been stated it's the perception of the public that may make a great deal of difference. What ( unfortunately) will happen is that the REAL conspiracy people ( and I don't necessarily think that the Floyd camp has perpetuated massive conspiracies) will look at who would have to most to gain from either hacking into the C-M system to perhaps change results, (or whatever), or who would have the most to gain from perpetuating the idea that the lab is incompetent. No one in their RIGHT mind would suppose that anyone with a real vested interest in this would condone such a ridiculous act. But it may give ammunition to those out there are looking for anything ( no matter how spurious) to pin on Floyd( or even perhaps Lance?) Remember, ( lots of) the media loves misery and loves creating misery. As Don Henley once said in "Dirty laundry" ," Crap is king!" OK the second graders are back , time to teach!!

"Frenchfry" (in France) writes:
There aren't a lot of details yet available, but what seems sure is that this whole situation has degraded into a pathetic cat fight. Unfortunately in the public domain it is increasingly difficult to separate the reality from the manipulations and misinformation campaigns. Hopefully the actual hearings with USADA and CAS will take place under better conditions. Pending further clarification of what happened, I won't be impressed if Floyd and his legal team try to use this to illustrate that the labs can't be trusted.

Also on rec.bicycles.racing here and here.

German Forum thread (translated) is pretty snarky from document release through now.

Blogs
BikingBis writes about the case stumbling along. Good summary of recent events.

Nardac, who left comment yesterday, slams Flandis Fumbling again.

Velogal questions L'Equipe's assertion it was "someone close to Landis."

TheParisBlog calls "Floyd the mumbler and fumbler", concluding:
However, this has to suck for Landis. The weekend he blames the lab is the same weekend that they track a criminal incident, related to his drug case and involving the lab, directly to his party. He’s become the Tonya Harding of cycling. Maybe someday soon he too will don a wrestling outfit and jump in the ring. The guy is certainly too clumsy to be in professional sports.

Dugard thinks it's getting weird. He's glad Landis fought back with the interview.
"I also have to wonder what they're so worried about. If the lab's protocol's and procedures were followed correctly, they shouldn't be worried about the various internal documents and emails that may soon spill forth to the media and general public."

Rant thinks it all makes a Strange Brew.
PodiumCafe thinks it's forged and a smear against Landis, and will vanish in a month, also, WTF? Comments are amusing.
SportsBabel wonders about the costs of securing labs on top of all the other antidoping costs.
BlawgAndEcon wonders if anyone is following, advises doing a Canseco instead of a Bonds.

TourDeFrancLogue heard the Fresh Air interview yesterday.

Bannaoj liked "no documents" and gives TBV a plug.

PolishPostal was starting to believe again on 9-Nov. No later word.

[end]

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Monday, November 13, 2006

Monday Roundup

News
Pez covers French interview.

NPR's Fresh Air today has an interview with Mr. Pound. He's plugging a new book,
Inside Dope: How Drugs Are the Biggest Threat to Sports, Why You Should Care, and What Can Be Done About Them

Says his swimming peers weren't doping, but field competitors and weightlifters probably. One prompt for WADA was '98 Festina/Tour scandal; Also Samaranch misstatements created a firestorm. Consensus independant agency because Federations couldn't do it on their own. Needs a combination of sport and government. Talks about Kelli White and "concocted explanations". Insufficient penalties for enablers (doctors, chemists, etc.). Complaints about masking agents and ducking OoC tests. Talks about "The Whizzinator".

What does he think is a fair penalty? "Our consensus" settled on two years. Pro sport teams aren't interested in that. The thought of losing a star for two years because of a little thing like drug use is unthinkable to them. Baseball's 50 game suspension is a big improvement over previous state of no real penalty until 5th offense. Do you try to be controversial? "It's part of the job description," and "The people who scream are not the athletes who are playing fair."

Marion Jones: Why comment before there was a violation? "I have to respond to questions," he says.

Standard of proof? "Not a criminal matter." Believes "comfortable satisfaction" is good enough.

Blogs
The Calgary Herald Press Display says that Floyd is annoying.....

FloydLandis.com officially announces Slide Show 2.0 will be presented at
El Tour de Tucson on the 17th at 5:30pm. Dr. Arnie Baker is promising new revelations and arguments.

Comments appear to be open, usual moderation delays.

Dugard talks about Landis again, and a prospective book. It's high drama, you gotta admit.

Rant has some New Rules applicable to the Landis case.

Craig Hackney commentary at Sportingo on testosterone usage generally argues for less restriction, and better health monitoring, with this on Landis:

Cyclist Floyd Landis’s positive test came as a bit of a surprise, although his recovery, after blowing up in the mountains, was nothing short of miraculous. On the surface it seems like a stupid way to get caught. Testosterone isn’t a fast-acting drug, so on that ground his protests of innocence have some merit. Whether his positive test was as a result of blood doping, or any one of a number of other possibilities, is irrelevant - the damage that this will do professional cycling will be immense. This year's Tour de France will be forever tainted by drug accusations, not only by Landis’s transgression, but by the loss of a large number of front runners to drug accusations before the race even started. Sadly, this year will not stand out as an exception, with a drug cloud hanging over the race since the 60s.
Self-proclaimed Gods of Sport remain underwhelmed by the blame-the-lab excuse.

Khabar Bike covers the French Interview.

Brand Destruction Research replies to TBV's comments, basically saying Landis is still intercoursed, and still isn't being forceful enough in the attacks on the Lab.

light globes is like totally on the ball -- wants Phonak to dump Landis to give Axel his chance.

Forums
At DPF, a rambling discussion of true and false positives and negatives, with many opinions and few conclusions. One-mint-julich postulates Landis is more likely to be innocent as the only one flagged positive than if there had been many, based on the statistics.

Italian Forum has been loosely following since document release; more sympathetic than you might suppose.

Comments to AFP article in French, and translated, offers this beauty:

“I am innocent! ”, my buttocks oué

so not all of France is maintaining a dignified restraint.

Snark O' the Day
Not directly related, but came upon this jape about track running:
Sprinters have used drugs for so many years that we are now in a situation where it is physically impossible to break the world 100m record without using drugs. As soon as Gatlin broke the 100m world record he should have been banned - it's the clearest test for cheating.

It's like winning The Lottery (commentary).

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Sunday, November 12, 2006

Landis on Stade 2, French TV

We have at least two reports of Landis's interview appearance on Stade 2, and since it isn't broadcast here, we'll present the reports we have in entirety here rather than in the Roundup. We have long reports from pugdog and Marc, more as we find them.

The actual video (with Landis speaking English) is here, and plays for most people.

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First, from pugdog on DPF :

I just saw the interview. It was done in California. Floyd was the alpha and the omega of Stade 2. At the start of the program he welcomed everybody to Stade 2 in French and then in English said that we would hear his side of the story.

It apparently took a month of negotiations between lawyers and agents to get the interview done. It took place in Floyd's house where he first shows the yellow jersey and trophy of the Tour de France, with Floyd expressing his joy at fullfilling his dream and talking of it as one of his best moments in life.

They show him pedalling on the trainer, after the surgery.. not breaking any rpm records...

He talks of his terrible day at Toussuire and of the 133 kilometre échappé the next day. He comments on how difficult it is to believe with the previous day having been so bad, but that it does occur that a bad day is followed by an exceptional one.

He was then questioned about his drinking excuse concerning the Testosterone positive. Floyd said that he understands the disblief, but that he was not trying to make any explanations but only trying to relate what had happened the previous day. As to explaining the positive test, he leaves that up to the scientists and lawyers. He is only a bike rider.
When asked about how the Chatenay lab, the best in the world, could possibly make such a mistake.. Floyd's lawyer (?) interjects to prevent him answering. Floyd says he doesn't mind answering, and then says that even the best can make mistakes.

He is asked to look the interviewer in the eyes and answer truthfully whether he has taken testosterone. Floyd gives a blue gaze into the camera and denies that he has taken testosterone. He then answers about the injections to the hip that he had, and confirmed that everyone had been notified.

The subject of Armstrong is brought up. What is his attitude and what is his advice. Floyd says that Armstrong, having been through it all, understands, and advises him to just try to be very clear, and to not expect people to give him too much benefit of the doubt. He then describes how difficult an experience this has all been for him and his family. He broaches on the subject of doping in general, of how it is a problem, of how cycling is badly perceived etc.

Finally he is encouraged by the interviewer to give a message to the French, Floyd asserts that he races clean, he lauds France and says that the country has offered him some of the best memories of his life.

...... This is just a rather poor and hurried synopsis, and I am not quoting Floyd Landis verbatim. As Frenchfry pointed out you can see the interview on the France 2 site, it is in English, with subtitles.

Just an opinion.. Floyd has a hesitant manner of speaking, it works against him as was noted in the "I'll say no" thread. It is just the way he is though.

In the same thread, frenchfry adds:
It wasn't a bad interview, but I wouldn't call it in-depth. The questions asked were predictable and not too tough (given the circumstances) and Floyd was well prepared. I fully believe that Floyd is a super nice guy and appreciate his style and this interview didn't change my opinion. Unfortunately (especially for him) he is not about to be judged on his sense of humour.



Second, email from Marc, who helped with the Ferret translation:
The interview was on a hour-long weekend sports wrap-up show. They knew they had a hot item. Floyd did the intro to the show, but didn't appear until the last segment. The interview itself was 9 minutes long, conducted in English . The interviewer redubbed his questions into French, but Floyd's answers were kept in English and subtitled. But it was quite clear that Floyd's audience was the French public . Floyd wasn't making a technical defense against the charges. Why should he in this venue ? I'd say he was trying to rehabilitate his reputation with the French, and perhaps indirectly with the Tour organizers. Though the interview was in English, Floyd did the intro to the show in French, and the final question of the interview was designed to give him a chance to speak directly to the French audience. I judge from the fairly sympathetic lead-in to the interview and the basically sympathehic follow-up questions for the interviewer from the show's host, maybe Floyd succeeded.

In detail :

Floyd greets the interviewer at his house, shows him his trophy case, and especially his Tour trophy and the Yellow jersey he wore on the last day ("the best day"). Then he is shown working out on a stationary bike. The voice-over says he is no longer in pain after the operation. Floyd calls the Tour the most beautiful race, and says it is every cyclist's dream to win it.

Film of Floyd on the 16th stage. "I didn't eat enough, and I bonked. That happens often enough to riders, but usually not on so difficult a stage." The interviewer then says that Floyd was "transfgured" on the next day. Floyd agrees and says it seems that much more incredible because of how hard the previous day had been. But, he says, “I often happens. You often come back that much harder after a bad day."

Floyd is asked how he explains the positive test. "I can't explain it. I couldn't explain it then. I didn't know what was happening. " The interviewer reminds him that his first explanation was that he had drunk a lot the night after the collapse. Floyd: "I didn't mean that as an explanation. I was just trying to give as detailed a story as I could of what I'd done, hoping someone else might be able to see a connection between what I did and the drug test. I still don't know what happened. Let me be frank: I'm a bicycle racer. I'm relying on experts. "

The interviewer then asked Floyd if he thought he would succeed in arguing error on the lab's part. Someone off-camera says, "Let's move onto the next question. " The interviewer is willing to, but Floyd breaks in and says, "No. I'll answer it. I think I have a good answer. " He says, "I'm not tying to say this was a crummy lab. But anyone can make a mistake, and a mistake was made in this case.''

The interviewer asks him, "Did you take testosterone?" Floyd : "NO. " Interviewer: "There are rumors that you blood- doped. How do you answer them ? " Floyd: "I don't know how to answer them. I have no defense because I don't know where these rumors started. "

Interviewer : "Did you receive any injecctions? " Floyd : "Yes. For my hip. But those were cortico-steroids, not testosterone, and all of the regulations for their administration were followed."

Interviewer : "Have you been getting advice fom Lance Armstrong? " Floyd: "Lance also was under suspicion. He told me to be clear in what I say, and not to expect people to give me the benefit of the doubt. " Floyd was then shown the official Tour film on a laptop, and hè is visibly upset by its ending. "I'm sorry for the Tour that this has happened. If I were a fan--I AM a fan--I would wish better for the Tour. But I did nothing to cause it. "

Asked about his last few months, It has been a difficult several months for me, for my wife, and my daughter, but things are getting better now. "

Interviewer: "Is there anything you would like to say to the French people directly? " Floyd : "I'd like to tell them that I raced the Tour clean. I have nothing but beautiful memories of the Tour, of France, and of the French people I encountered. If I am allowed to, there is nothing I would like to do more than to come back to race the Tour again."

A very good appearance, I thought. The questions in the studio after were about the next stages of the hearings, and made no assumption of his guilt.



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Sunday Roundup

News
French TV interview, TBV coverage here, also AP summary, via ABC/ESPN, and CyclingNews.

Daily Peloton runs a story by Dave Shields about what Cycling can learn from other sports, particularly motor racing. This is in line with our story on the USAC/CART split, "Ties that Unwind", following Landis' "take down the UCI" comment.

Almost zero Landis content, but Tyler Hamilton participated in a Triathlon Relay today, on a team sponsored by Howard Jacobs, the Athlete's Lawyer (and Landis's). At stake, a $100,000 prize for beating 8 hours. Tyler cleaned clock on the competition by over 14 minutes in his cycling leg, but got a 4 minute penalty for not dismounting soon enough - there's a line on the ground thou shalt not cross on the bike in triathlon. It ain't like le Tour. The team's runner was halted for the four minutes, but still could have run a time well within his capability for the prize. But he went out too fast and melted down on course and came to a full stop at 24 miles, finally in at 8:17. Who knows if the penalty stop messed him up physically or mentally. No $33k paycheck for any of them, but the 8:00 looks beatable.

Forums
At DPF, Landis talks about frustration with the system:

What is your opinion of an agency (not cycling in this hypothetical) created by Congress and funded by tax money with no oversight and which requires people to notify them 24 hours a day of their location and activities so that they can be tested is some way. Does that seem to be a violation of any rights or does that seem reasonable. Also, let's assume that this hypothetical agency monitors a category of careers which have only the option to enroll in the program due to the fact that no other option exists. Keep in mind that there is, in this hypothetical, a punishment for failing to notify the agency. This sounds, to me that is, like the treatment for someone who has already been convicted of something.
Then oversight of Labs,
Am I mistaken in the statement that the labs exist to perform scientific tests which are forwarded to the agencies (WADA for example) who later decide what is justice and how is should be served. Or is it reasonable that a lab director or employee is commenting on what is the outcome of a specific test. What I'm trying to get at is, it seems to me that a lab which is given a set of guidelines, should perform a test on a given sample and forward it to the "police" and no longer have any say, or care to have any say, in the outcome of the process thereafter.
and elsewhere
What I'm saying is that the labs should feel no level of failure because the rules and guidelines are indisputable and they do nothing more than hand results over to the next level of prosecution. The mistakes and other mishandling of things are a totaly different level and after a few problems the lab should be suspended. That is, assuming that the line in the sand is final and there are no exceptions.
Blogs
Rant thinks about USADA (and AFT), and wonders if The Fix is in.

PodiumCafe notes that Graham Watson leaves Landis completely out of his 2007 calendar, which is consistent with his firm and expressed belief Floyd was doped on Stage 17.

Brand Destruction Research
, which has covered Landis before here and here, reads the AP report of the French interview, and concludes, "Sorry, Floyd, but you're fucked."

TBV's opinion is that Landis was intercoursed the instant the whole thing broke. A lot of his early PR work made things worse, and BDR is right to think that will have long term consequences. But he's wrong in several respects, not least whether Landis had any choice but to have B test done at the same lab, or that he has much affect on the speed of the resolution -- unless he wants to plead guilty.

Florida Masochist reads AP story of French interview, and says, "Give it up, Floyd."

Jeredb thinks pro cycling sucks, and the Landis case is part of it.

[end]

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Saturday, November 11, 2006

AFT (Water Carrier) and what people believe

Over at Rant Your Head Off, there have been several articles about the Anonymous Fortune Teller, who we've called AFT.

AFT himself started commenting over there feeling I'd chased him away. I tried to apologize. To make up, I'll give him his own article here...

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[continuation]

At Rant, he expressed annoyance that I'd named him AFT, forgetting he'd said it himself:

Hi from your anonymous fortune teller.
so I feel justified, if not vindicated. I picked "ferret" out of a hat as well, without consulting the designee. Any other Anonymous should be wary if you leave me to the handle giving.

He says he'd rather be called "Water Carrier", and makes the following claims:
  1. I almost made it to the Olympics (with a few 1,000 others…)
  2. I rode with Lance (like a few 1,000 others…)
  3. I was “in” the Tour (as a rider you ask?)
  4. I race (what license, you scream!)
  5. I have contacts who tell me inside scoop.
  6. I rode with Jan (to hell?)
  7. Riders have told me about their doping in ways not to endanger themselves(some of it rather amateurish)
  8. I have never doped (unless you count caffeine)
For #1, he doesn't say it he got to trials or was ranked for possible selection;
for #2, it might in be the Tour of Roses;
for #3, he's right, we don't know if it was as a rider; nor do we know he's an American;
for #4, he might race SCCA automobiles, or cross-country skiing;
for #5, he may live near a coffeehouse in Girona;
for #6, I don't know what to think;
for #7, hardly surprising;
for #8, who cares unless he's trying to make us think he's not Frankie;

Rant made some guesses, but I'm too lazy to play, and I'm not sure how much I care. The hearts of AFT's claims are interesting rumour, but the import is not clear.
  • The "word" is that Floyd blood-doped: there's no evidence of this, but the claim is that this is widely believed in the peloton. There's not easy way for an outsider to validate the claim.
  • And the blood was contaminated in some way that led to the positive: the science seems to be arguing against this possibility. Given the dubious science used in doping, that is not as strong a counter-argument as it might be. Almost anything could have happened, I suppose.
  • There is an Illuminati running American cycling, with Weisel, Lance and Och at the top of the pyramid. You're either on board with them, or not: Let's pretend this is true.
  • Landis is getting the bum's rush because he's pissed off the conspiratorial Powers of American Cycling by not playing ball with Lance and the Discovery team: Which doesn't compute with the rumours that Lance has given money to the defense, or even with the supportive co-appearance on Larry King. If Lance had wanted hang him out to dry, he could have skipped that show easily enough. Why would these Illuminati want to destroy an American TdF champion, for whatever reason? How can this be good for their long-term investments in the sport and their teams?
I said in a comment to his recent post that his stories have the fascination of Area 51 UFO legends. It is not so much what the truth of the story is (which may not be known, ever), but the way they seem like they could be believable. How and why people might believe them are interesting reflections of those believers. Why they might be rejected reflects the worldviews of those people as well.

My opinion about the the whole thing is that circumstances are far more mundane than a grand conspiracy. I've always leaned towards the "he didn't do anything wrong" position, and nothing has moved me from that posture. This may mark me as naive, but so be it.

It seems most likely to me to multiply simple human error by bureucratic entrenchment. Something wrong happened at the lab that wasn't recognized, and an initial positive was made. This rapidly escalated to a point where the heavy rhetoric was employed. It became impossible for any other explanation to be considered by the officialdom, and the same problems were experienced to get the expected results in the B sample. After more spouting, calmer heads prevail in some organizations, but USADA is saddled with a charged case it feels it cannot lose for all kinds of political reasons. This leads them to progressively harden their position into near absurdity.

That's where we are now, I think.

Landis can still get screwed unless he comes up with concrete evidence of problems at the lab, for which he may need discovery he may not get.

It will help if there are provable inconsistencies in the interpretations of the tests as seen at various places by the labs with expertise. Maybe there cases, perhaps Turnbull, that were judged negative or inconclusive by some other labs, but would have been positive by the criteria that appear to have been used in his case. That's tricky -- a narrow view of the rules could say that the Lab gets its own criteria, and the LNDD is entitled to use the set it uses.

It might help Landis can find evidence of an LNDD operator spending August holiday in a Hamburg brothel paid for by some Swiss account, but that seems pretty unlikely.

A lot is going to depend on the neutral arbitrator -- if it is someone who is concerned about the truth, he'll be in better stead than if it is someone with a reputation for strict constructionism.

As for AFT/Water Carrier, I'm happy to have him around. What he says makes us all think, and that is rarely a bad thing to do.

TBV

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Saturday Roundup

News
France Télévisions are reportedly running an interview with Landis on Stade 2 tomorrow. If anyone is able to watch, we'd love a report. A pre-show blurb retranslated by our Ferret helper Marc says:

Nicolas Geay questioned Floyd Landis in the U.S. for Stade 2. This first interview for a European television station since the announcement of the positive result of his doping test is very moving, according to [Geay]. "The rider clarifies things," says [Geay], "in a way he had not done so far. Specifically, he directs a very strong message to the French."

The exclusive interview is the result of three months of negotiations.

François Brabant, deputy director of Sports for France TV, explained to the newspaper Le Parisian, that Landis originally wanted a live interview, since he was worried that his statements would be truncated during editing. Neither he nor his entourage asked for payment.

The interview was recorded Monday, November 6. Landis required that he be told in advance the broad lines of the interview.

During the interview the rider was flanked by a media adviser, a lawyer, and an expert on questions regarding doping.

Among other subjects in the interview, Landis goes back in detail to the evening of July 19--the evening after his breakdown on the Bourg d’Oisans-La Toussuire stage. At that time he stated he had drunk a great deal of alcohol. The next day he won by more than 5 minutes, and underwent a drug test--which has caused his loss. . . .

He was offended by the final form of the official film of the 2006 Tour, which the France TV team screened for him. [In it], a mirror breaks over his image.

Officially, Landis is still considered the victor of the 2006 Tour. A legal process is underway.


Forums

At DPF, Floyd is back from an absence, and Gareth Turnbull comes up in discussion. He also hints he may be starting a defense fund.

Blogs
A comment notes that FloydLandis.com has gone to basic blue, as all photos have vanished. I don't know if this is intentional, or somebody popped in the wrong template by mistake. It could be with expiration of the Phonak team rights have gotten complicated and it was safest to go unbranded for a while. There are still other refs, including a 'my team this year' Phonak jersey in the sidebar. Wonder what's up?

Update: all is back to normal. Somebody popped in the wrong template by mistake. Hmmm, simple human error, and all sorts of conclusions available to leap towards. There could be an analogy there to some other situation, I wonder what?

Rant keeps wondering about AFT's presentation that "the peloton" believes Landis doped with contaminated blood

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Friday, November 10, 2006

Yes, Maybe, Never! (Correspondence, Part 5)

This is Part 5 of our series on correspondence between Landis and the USADA. In Part 1, we heard USADA wasn't providing any more than Landis already had; In Part 2, we learned what Landis had been asking for. In Part 3, we saw an abortive attempt to turn this into a one-step proceeding, with a single hearing directly before CAS, which appears to have been rejected by USADA, even though it was their idea. In part 4, we discovered USADA's reaction to the idea of public hearings, and how that probably killed the idea of a single-CAS hearing idea.

The last topic of correspondence is the data from the other tests performed at the tour...
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[continuation]

The WADA Results Management Guidelines say
7.4 The athlete is also entitled to copies of all documentation relevant to the assertion that there has been an Anti-Doping Rule Violation, and the ADO shall provide this to the Athlete or his/her representative upon request.

Click on a page image to see the original document.



Way back on 7-Aug, USADA sends a letter to the UCI requesting the Lab Pack for the Stage 17 tests, and, because there were TE violations in the original report, data that would be needed for a longitudinal study, being all the other test results. Landis was copied on this letter, because USADA presumably believed he was a party with a need and a right to know.




On 31-Aug, Landis receives the lab documentation package, and it does not contain the longitudinal data that USADA asked the UCI for on 7-Aug. Landis's submission to the ADRB sent on 12-Sep says that since there has been no longitudinal data supplied, the TE violation cannot be considered an AAF.



A month later on 9-Oct, Landis wonders if the other data has been sent to USADA, and asks for it to be sent.










On 12-Oct, Landis releases documents and the Arnie Baker slide show.


On 13-Oct, USADA tells Landis it has some of the material, and says it will send it when all of it appears and they can assign Bates numbers to the lot. The key paragraph reads (emphasis added),
In response, and as I relayed to you on the telephone, we have received some of the data concerning your client's additional urine samples but have not yet received it all. Once we receive all of the data, we intend to bates label it and provide you a copy. We hope to do so in the very near future but at the latest at the time our exhibits are due prior to the arbitration.

The only possible equivocation there is the phrase, "we intend", but there is no suggestion of a reason they won't or can't be sent. If there were a rule preventing it, there ought to be mention. The main qualification is about the timing, where they reserve the right to wait until the last possible moment.

The letter also provides the written offer for the single CAS hearing described in part 4.



On 16-Oct, Landis sends his document request, covered in Part 2, and his conditions for single CAS hearing, covered in part 3.



On 17-Oct, USADA and Landis send letters to USADA about public hearing, covered in Part 4.



On 23-Oct, Landis sends his public hearing proposal, covered in part 4.



On 26-Oct, Landis asks again for the longitudinal data, saying there is no reason to wait on the Bates stamping, and suggests delays may become prejudicial to the case.








1-Nov, USADA says wait for it, but adds a new caveat not present in the 13-Oct letter. Here it says they will deliver "a copy of the documents we intend to rely on...at the very latest when our exhibits are due."

This leaves open the position that if they don't rely on it, then they won't produce it (voluntarily).

Comment: this has been described as "cherry picking" the evidence. They decide what they want to pursue, and don't produce anything else.



1-Nov, Landis says waiting is prejudicial. The could have asked UCI for the documents themselves, but (a) USADA has already done so on 9-Aug. (b) If TE is used, you'll have to produce it anyway; (c) producing at the last minute precludes Landis from doing any followup.

Please send now.

Comment: Did Jacobs shoot himself in the foot by not asking the UCI for the documents when he may have had the chance early on?



1-Nov, USADA says no single CAS hearing, discussed in part 4.



3-Nov, USADA says no more documents at all, and doesn't produce the longitudinal data known to be in its possession.

This is where came in at Part 1.
Let's look at what they say again:

We will not be providing any documents or other information in response to your requests. As you should know, the rules applicable to this proceeding establish the set of document that are provided by the laboratories when a sample tests positive. After studying your request and those rules, every request you make appears to seek documents or information not called for by the rules.

USADA appears to be hiding by the rule in the ISL that says what the laboratory must provide. It does not cite a rule that limits what USADA may provide. It is choosing not to provide documents known to be in its possession that it had been willing to send on 13-Oct.

It also says UCI is not a party, so Landis can't drag them in - though in the 4-Oct letter to the AAA (part 4), they said,
By copy of this letter, we are also advising the Union Cycliste Internationale ("UCI") and WADA that they have a right to participate in the hearing either as a party or as an observer.


Summary
  • USADA requested data from UCI, and copied Landis on the request.
  • Landis thinks he could have requested it himself, but didn't because USADA did, and he ought to be able to get it from USADA.
  • UCI responded to USADA, but probably won't now for Landis. At least, USADA says they won't.
  • USADA offered to give Landis the data, when convenient for USADA.
  • Landis asks repeatedly, and claims the delay is prejudicial.
  • Other stuff goes over the dam and under the bridge.
  • USADA now says Landis cannot have the data because there are rules against it, left unspecified.
This raises questions:
  1. Was USADA incorrect to copy Landis on the request of 7-Aug?
  2. Was USADA repeatedly incorrect to offer Landis the data on 13-Oct?
  3. Was USADA correct to add the 'rely on' qualification on 1-Nov?
  4. Under what rules was USADA requesting data from UCI and offering it to Landis?
  5. Under what rule is USADA now justifying refusal to produce the data?
  6. If they provide the longitudinal data, how can USADA distinguish it from any of the other non-LNDD data identified in the demand?

The simplest explanation is that there aren't clear rules one way or the other for what USADA should produce when, and USADA has taken advantage of the discretion at Landis's expense. The guidelines quoted at the top may not have force; there can be quibbling about what "relevant" means, and whether they say exactly when things need to be provided.

When USADA were hoping for a single CAS hearing, they could freely dangle the carrots. When they decided they were not going to have a public CAS hearing, they could say, "No" to things they had previously proffered, and all other data. There are no consequences for this action that matter to USADA. Should the arbitrators rule in favor of Landis, it has merely cost time, which Landis has less of than USADA.

It's likely the arbitrators will order production of the longitudinal data, and many of the other things in the document request. USADA knows this, but they are withholding and denying it anyway. It's the game play of a litigator looking for a Win!, not that of a responsible party seeking to promote "Fair Play."

A few days ago, a commentator on the series said something we picked up in a Quote of the Day, which we'll repeat because of its pertinence.

If USADA is playing to "win" rather than find out whether you doped or not, then they are failing in their mission and not advancing toward the goal of clean competition.

The intent of the guidelines is that the ADO should provide the data when requested. USADA hasn't. It may be within a narrow interpretation of the rules to deny, but how does that fall in with the spirit of "Fair Play?"

If you think USADA is faultless, or that Landis is a dirty-rat bastard playing lawyer tricks, please post comments or send mail, and we will report the arguments, as always.

Thanks for taking the time to read this lengthy series.

TBV

This concludes our look at correspondence between USADA and Landis. Now that it is all done, you may wish to look at the TIMELINE that brings it all together.

Back to part 4,

All documents presented in this series can be found in the collection at archive.org.

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