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Dublin: 10 °C Thursday 23 May, 2013

Armstrong sues to block doping charges

The lawsuit also accuses the Anti-Doping Agency’s chief of waging a personal vendetta against the cancer survivor who won the Tour de France every year from 1999 to 2005.

Lance Armstrong: facing legal battle.
Lance Armstrong: facing legal battle.
Image: Jim Urquhart/AP/Press Association Images

LANCE ARMSTRONG FILED a federal lawsuit today aimed at preventing the US Anti-Doping Agency from moving ahead with charges that he used performance-enhancing drugs during his record-setting career.

Armstrong’s lawsuit says USADA rules violate athletes’ constitutional right to a fair trial, and that the agency doesn’t have jurisdiction in his case. It also accuses USADA’s chief executive, Travis Tygart, of waging a personal vendetta against the cancer survivor who won the Tour de France every year from 1999 to 2005.

The lawsuit is an aggressive — and expected — move as Armstrong seeks to preserve his legacy as one of the greatest cyclists ever and an inspiring advocate for cancer survivors and research.

Armstrong wants a judge to bar USADA from pursuing its case or issuing any sanctions against him. He asked the court to issue an injunction by Saturday, the deadline he faces to formally challenge the case in USADA’s arbitration process or accept sanctions. He could receive a lifetime ban from cycling and be stripped of his Tour de France victories if found guilty.

Armstrong insists he is innocent.

“The process (USADA) seek to force upon Lance Armstrong is not a fair process and truth is not its goal,” his lawsuit says.

USADA, created in 2000 and recognised by the US Congress as the official anti-doping agency for Olympic sports in America, formally charged Armstrong in June with taking performance-enhancing drugs and participating in a vast doping conspiracy on his Tour de France winning teams, some of which were sponsored by the US Postal Service.

The charges came after a two-year federal criminal investigation into doping allegations against Armstrong ended in February with no charges filed against him. The anti-doping agency says up to 10 former teammates and associates are willing to testify against him and that it has blood samples from 2009-2010 that are “fully consistent” with doping.

Armstrong, who retired in 2011, says he has passed more than 500 drug tests in his career and was never flagged for a positive test. Armstrong’s lawsuit amplifies public complaints he made about USADA and Tygart in recent weeks and makes several arguments. It says:

  • The agency’s rules and arbitration are designed to find athletes guilty. Athletes are not allowed to subpoena documents or compel witnesses to testify in a hearing. USADA has so far withheld the names of most of the witnesses against Armstrong, saying it is protecting them from potential intimidation.
  • The International Cycling Union, cycling’s governing body which licensed Armstrong to ride professionally, should have jurisdiction over the allegations. Armstrong says allegations of doping by him and his team that were first raised by admitted drug-user Floyd Landis in 2010 should be addressed by UCI.
  • USADA may have violated federal law if it coerced witness testimony against him with deals to reduce punishments for riders facing doping charges. Media reports last week said former Armstrong teammates George Hincapie, Levi Leipheimer, David Zabriskie and Christian Vande Velde, who are all riding in this year’s Tour de France, may be witnesses against him.
  • Tygart and officials with the World Anti-Doping Agency have recklessly pursued Armstrong for several years in a personal quest to catch him despite Armstrong’s hundreds of negative drug tests. Tygart was named a codefendant in the lawsuit.

Also charged by USADA are former Armstrong team manager Johan Bruyneel and several team doctors and associates. None of them are included in Armstrong’s lawsuit. Armstrong’s lawsuit says he faces irreparable harm if the case is allowed to go forward to arbitration because USADA rules prevent him from being able to mount a legitimate defense.

“It is a testament to USADA’s brazenness and callous disregard for its own mission that it seeks to strip Mr. Armstrong of his life’s work,” the lawsuit says.

There was no immediate indication when a judge would rule. The case was filed in US District Court in Austin.

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Comments (19 Comments)

  • He has a huge legal team to ‘ Raleigh ‘ around him ;-)

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  • Gerard 09/07/12 #

    I can’t wait for the movie.

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  • Lance was winning at a time when doping was rife in cycling and the tests/rules were not sufficient.

    I would hate it to be true but to suffer for that long against convicted dopers and win so consistently…it does beg the question.

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  • @ colm, last year and this years tours have been far from dull Cadel Evans and now Wiggins are two of the sports most outspoken critics of doping….both have progressively strived to win the tour over many years through perseverance and a love for the sport.

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  • Given the amount of doping prevalent in those days perhaps the best solution, if he were found guilty, would be to let him keep his titles but add to them the caveat that they were obtained “under the influence of performance enhancing drugs”?

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  • Ex amateur cyclist and in my last year of racing walked in on a guy getting a needle in the arm at a 3 day race in the late 80′s. Had enough after that and packed in racing. Love the sport but hate the shit that goes on. I know the uci are doing there best and I hope it’s a cleaner sport now. I’m a big fan of Armstrong and if he’s found guilty and stripped of his 7 titles. What do they do? Award 3 to ullrich and 1 each to zulle, beloki, kloden and basso? That shows its all a load of bollox. Ullrich and basso thrown off the 06 tour before it started and the other 3 are suspect from previous races. One word. WITCHUNT!!

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  • If he was clean, then he was the only man in the top ten that was not dopped during those tours. All of the other, bar one I think, has been found guilty already.
    And even if he wasn’t dopped, his team certainly was and they put in a huge amount of work to get him through the tour.

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  • Pretty much nobody is going up the “hors catégorie” climbs in the Alps at 25 km/h+ on jellybeans, pasta, and tea alone. Most people couldn’t walk up. Some cars cant drive up. Everybody knows this, concentrating on one man is clearly unfair. If they are all doped – except Johnny LastCycle five miles off the pack who took the chair lift eventually – then it pretty much all evens out and he was the best of his generation. Best of his doped generation, but best of his gratin. Give it a rest.

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    • The argument that ‘they all dope’ and are therefore on a level playing field is flawed.

      A simple example of EPO, the benefits between athletes varies greatly.. So two athletes both taking EPO will not see the same benefits.

      Blood doping is expensive, the bigger teams can sink hundreds of thousand s into a blood doping setup while the small teams cannot afford to.. The bigger teams get bigger, the small teams in an effort to catch up use outdated and dangerous techniques.

      Something needs to be done but until people accept that the tour will be a much duller affair clean, UCI will be happy to look like they are making an effort.

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  • An extraordinary chain of events. Armstrong in the frame again. Not surprised so many people want to get their spoke in but it shouldn’t have a bearing on the outcome.

    We can never tire of this story. Hope he can wheel out a big shot lawyer who can ensure a quick release if he is convicted.

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  • It reminds me of Bill Clinton saying “I did not have sexual relations with that woman”. He says he passed more than 500 drug tests in his career, he could always have found a way to fiddle them. Clearly someone is wrong, just a question of who?

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    • Brian I think everyone and their dog at this stage believes that he has doped but my problem is how long they seem to be dragging this out! They can’t have any new evidence at this stage and a federal court just recently failed to pin anything on him! Surely a line has to be drawn somewhere on this!

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    • I’m sure you’re right but it just sounds to me like ole’ Lance is saying I’m innocent… but I don’t want anyone investigating that claim.

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  • So in 2011 he says:
    “”Great to hear that USADA is investigating some of SI’s claims. I look forward to being vindicated,” the seven-time Tour de France winner said.”

    And now he wants to block the investigation…. hmmm

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  • He’ll always have dodgeball! No one can take that away from him! Now if he can apply the 5 principles of dodgeball to this situation he’ll be laughing his balls off! Woops!

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  • The guy was the ultimate cheat.
    Dominating a sport that was riddled with doping.
    Been living of the goodwill from his cancer survival for too long.

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  • If the witness lineup is anything to go by, I fear Lance is playing for time.If his innocence was an the agenda ,one would expect him to take advantage of the situation and see it through to its conclusion.Lance is doing everything one can do to prove the accusations true. By delaying a legal investigation through the courts,kind of smacks of guilt….Who is taking who for a ride,Lance?

    Reply

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