Has Lance Thrown in the Towel?

Armstrong has decided not to fight the USADA charges against doping.  He’s been quoted as saying “There comes a point in every man’s life when he has to say, ‘Enough is enough.’ For me, that time is now,” Armstrong said in a statement. “I have been dealing with claims that I cheated and had an unfair advantage in winning my seven Tours since 1999. Over the past three years, I have been subjected to a two-year federal criminal investigation followed by Travis Tygart’s unconstitutional witch hunt. The toll this has taken on my family, and my work for our foundation and on me leads me to where I am today – finished with this nonsense.”

Lance and his lawyers maintain that only the UCI has the right to bring these charges, not the USADA.

According to his lawyers, “Mr. Armstrong is not requesting a AAA arbitration because – unlike USADA – he respects the rules applicable to him and not because of any belief that USADA’s charges have merit or any fear of what a fair proceeding would establish.”

“Under all the applicable rules, USADA cannot proceed until it submits its evidence to UCI’s independent panel for review and adjudicates any disputes with that panel about jurisdiction, scope, the reliability of the evidence, and all related issues with UCI in CAS. At an absolute minimum, UCI and USADA should go to CAS to resolve the jurisdiction issue before any proceedings begin, a solution offered by UCI but rejected by USADA.”

Lance’s lawyers tried to have a federal court judge block the USADA with the argument that his right to due process was violated and that because of the witch hunt by Travis Tygart the arbitration system would not render a fair decision as well as Tygart’s refusal to identify witnesses, information and his violation of USADA rules.

The judge said the arbitration system seemed able to hold a fair hearing but did not say whether the USADA had jurisdiction over the UCI. He did say the whole system was confusing.

Today was the deadline for Lance to decide to go to arbitration or accept the ban.  He didn’t quite do either, just said that only the UCI could bring any charges against him, not the USADA.

Here’s more of what Lance had to say:

From the beginning, however, this investigation has not been about learning the truth or cleaning up cycling, but about punishing me at all costs. I am a retired cyclist, yet USADA has lodged charges over 17 years old despite its own 8-year limitation. As respected organizations such as UCI and USA Cycling have made clear, USADA lacks jurisdiction even to bring these charges. The international bodies governing cycling have ordered USADA to stop, have given notice that no one should participate in USADA’s improper proceedings, and have made it clear the pronouncements by USADA that it has banned people for life or stripped them of their accomplishments are made without authority. And as many others, including USADA’s own arbitrators, have found, there is nothing even remotely fair about its process. USADA has broken the law, turned its back on its own rules, and stiff-armed those who have tried to persuade USADA to honor its obligations. At every turn, USADA has played the role of a bully, threatening everyone in its way and challenging the good faith of anyone who questions its motives or its methods, all at U.S. taxpayers’ expense.

For the last two months, USADA has endlessly repeated the mantra that there should be a single set of rules, applicable to all, but they have arrogantly refused to practice what they preach. On top of all that, USADA has allegedly made deals with other riders that circumvent their own rules as long as they said I cheated. Many of those riders continue to race today. The bottom line is I played by the rules that were put in place by the UCI, WADA and USADA when I raced. The idea that athletes can be convicted today without positive A and B samples, under the same rules and procedures that apply to athletes with positive tests, perverts the system and creates a process where any begrudged ex teammate can open a USADA case out of spite or for personal gain or a cheating cyclist can cut a sweetheart deal for themselves. It’s an unfair approach, applied selectively, in opposition to all the rules. It’s just not right.

USADA cannot assert control of a professional international sport and attempt to strip my seven Tour de France titles. I know who won those seven Tours, my teammates know who won those seven Tours, and everyone I competed against knows who won those seven Tours. We all raced together. For three weeks over the same roads, the same mountains, and against all the weather and elements that we had to confront. There were no shortcuts, there was no special treatment. The same courses, the same rules. The toughest event in the world where the strongest man wins. Nobody can ever change that. Especially not Travis Tygart.

Today I turn the page. I will no longer address this issue, regardless of the circumstances. I will commit myself to the work I began before ever winning a single Tour de France title: serving people and families affected by cancer, especially those in underserved communities. This October, my Foundation will celebrate 15 years of service to cancer survivors and the milestone of raising nearly $500 million. We have a lot of work to do and I’m looking forward to an end to this pointless distraction. I have a responsibility to all those who have stepped forward to devote their time and energy to the cancer cause. I will not stop fighting for that mission. Going forward, I am going to devote myself to raising my five beautiful (and energetic) kids, fighting cancer, and attempting to be the fittest 40-year old on the planet.