John Leonard

WADA did not just sit idly by

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

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

That’s just not true.

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

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

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

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

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

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

This expressly ignores three essential facts:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WADA’s annual budget is roughly $26 million.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

But even that authority is necessarily limited.

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

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

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

All this remains to be hashed out.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The ARD broadcast aired that December.

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

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

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

Free Michael Phelps

This space believes in making things simple and easy. So here it is: Michael Phelps should swim at the 2015 world championships in Kazan, Russia. USA Swimming suspended Phelps for six months in the aftermath of his drunk-driving incident in Maryland last September. That suspension has run, and he will open his 2015 season by swimming this week at a meet in Mesa, Arizona. In addition to that suspension, Phelps and USA Swimming agreed — and “agreed” is putting a spin on it — that he would not be on the U.S. team in Kazan. Now the time has come to fix that.

For every reason you can come up with to keep Phelps off the Kazan team, there are better reasons to send him.

First and foremost, there is this:

The American story is, and forever will be, one of redemption. This is who we are. This is the classic, everlasting story of our country.

In the United States of America, we get not only a second chance, but a third, a fourth, a fifth and more.

If anyone has earned that chance, it’s Michael Phelps.

Phelps is one of the great sports heroes of our time, an imperfect human being — we all are — who has won 22 Olympic medals, 18 of them gold, inspiring literally millions of boys and girls and grown-ups, too.

About this there can be no debate.

Our funny face pic yesterday at #theboysandgirlsclub What a blast!

A photo posted by Michael Phelps (@m_phelps00) on

Disclaimer: I co-wrote Phelps’ 2008 best-selling book. In writing this column, I have not shared even one word with him.

To recap how we got here, and why there must be reconsideration — not just for Phelps but for USA Swimming and even the U.S. Olympic Committee — that Phelps go to Russia:

On Sept. 30, 2014, Phelps was stopped by Maryland police going 84 in a 45 mph zone. His blood-alcohol level registered 0.14.

This was Phelps’ second DUI offense in 10 years.

For legal purposes, the first DUI, when Phelps was a teenager, was completely immaterial during the second case. For the record, he did 18 months probation. USA Swimming took no action.

In 2009, a few months after going 8-for-8 at the Beijing Games, Phelps, then 23, was photographed with his face in a bong. The picture created a major international stir. USA Swimming suspended him for three months.

Then came the arrest last September. Phelps was arrested amid the media frenzy ignited by the cases involving the NFL players Ray Rice and Adrian Peterson and, to a lesser extent, the soccer star Hope Solo, each enveloped in a domestic violence incident.

To be clear, is Phelps super-fortunate no one got hurt? Or worse? Yes, a thousand times over.

Now: was Phelps involved in a domestic violence case? No.

Was it thus apples to apples? No.

Was it his incredibly poor judgment to get behind the wheel of a car, impaired, when the harsh media spotlight had turned on high-profile athletes? Yes.

Was there thus pressure on USA Swimming and the USOC, especially given the intensity of the focus on the Rice and Peterson matters, in particular, to bring the hammer down on Phelps? Absolutely.

Was Phelps in any sort of position, given that intensity, to argue at the time — even though he and everyone else involved knew that the best thing for him was to go to treatment, which was where he was, in fact, headed — about any of the elements of the six-month plus Kazan deal? Hardly.

Was there, as this space pointed out at the time, a rush to judgment? You bet.

When can it be said that a rush to judgment ever proves positive?

Now that time has run:

Rice and the Baltimore Ravens have settled his grievance for $1.588 million, and Rice is eligible to play again in the NFL.

Peterson is eligible for reinstatement on Wednesday.

The domestic violence charges against Solo were dismissed in January. A few days later, she was back in the news in connection with a drunken driving incident involving her husband, ex-NFL player Jerramy Stevens, that led US Soccer to suspend her for 30 days.

At the Algarve Cup in Portugal in March, a key tune-up for this summer’s women’s World Cup, who was that making the incredible late-game save to preserve her 81st international shutout in leading the United States over France, 2-0, for the title? For sure — Solo.

To be clear, one of the reasons to see Phelps swim in Kazan is what would likely happen in the pool. Reports from swim insiders say Phelps is hugely motivated — he is said to be practicing the way he did in 2007 and 2008 — and there is perhaps no sight in sports like Phelps roaring down the pool in the back half of his races.

There is also this: the U.S. team needs Phelps if it has any hopes of winning the 400 freestyle relay the way it did in Beijing in 2008. That’s the race he watched — from the stands — with dismay at the 2013 world championships in Barcelona. You only get so many chances to practice this relay before Rio in 2016.

Beyond that, there is this:

In a weird way, the September DUI arrest may have been the best thing that ever happened to Phelps. It got him to treatment. It forced him to look, and hard, at who he is and what he is doing.

In the months since leaving treatment, he has gotten engaged. He has been a model citizen. Everyone who has been in contact with him has remarked about how he has grown up.

In London, and that was before all this, Phelps was a veteran team leader at the 2012 Games. Wouldn’t you want Phelps 2.0, and this kind of hard-won life experience, on your team in Kazan?

Having reviewed the USA Swimming selection criteria, it is abundantly plain that it would indeed be a complex process — a number of dominoes would need to fall in just the right way — to get Phelps on the Kazan team. But, as always, where there’s a will, there’s a way.

Now for some real-life politics, because there are plenty of intersecting currents to factor into the dynamic as well:

USA Swimming and FINA, the international governing body for swimming, are currently not — shall we say — on the best of terms. There are a variety of reasons why, but for this conversation it’s enough to leave it at this: things are business-like.

And to not have Phelps in Russia? FINA is not happy to begin with. Now you throw in the prospect that the best American swimmer ever would not be at its marquee event?

Everyone knows, meanwhile, that the USOC wants to put forward a Summer Games bid for 2024.

Not everyone knows, however, that John Leonard, who is an influential U.S. swim coach, has for months now been leading a largely behind-the-scenes campaign aimed at reforming FINA.

FINA has opted not to respond in public to the Leonard campaign.

The point of bringing up Leonard’s campaign here is not to debate its merits. It’s to put it in a different context.

The president of FINA, Julio Cesar Maglione of Uruguay, was just this past weekend elected interim president of the Pan-American Sports Organization.

Maglione is a key and dependable ally of International Olympic Committee president Thomas Bach’s.

Maglione is 79. Elected FINA president in 2009, he was re-elected in 2013. Now there is serious talk that he wants a third term; to do so would require a rules change.

Leonard’s campaign is wondering, among other things, how this can be.

The answer: it’s all part of a complex geopolitical strategy involving interests beyond Maglione with close ties to the IOC president. This strategy might take all of a presumed third Maglione third term to play out. Or just part of it. In that scenario, which leadership at USA Swimming understands full well already, U.S. influence at FINA's top levels might well be further considerably diminished.

This is no small matter. For revenue purposes, swimming is now what's called a Tier "A" sport in the Olympic movement, along with gymnastics and track and field -- in large measure because of the import of Phelps.

Leonard is doing what he justifiably feels is in the right.

In the meantime, the Leonard campaign is not doing a 2024 U.S. Olympic bid any favors — see above, FINA not happy with USA Swimming to begin with.

Moving on:

Understand always that Vladimir Putin made the first call to Bach when Bach was elected IOC president. These Kazan swim championships are a key element in Putin’s strategy to make Russia a world sports destination — along with Sochi 2014 and soccer’s 2018 World Cup.

To reiterate: to not have the biggest star in swimming at the biggest show in swimming? How in the world, come voting time for the 2024 bid, is that going to help the United States? Don’t fool yourselves. Russia is a big deal in the Olympic sphere and people have long memories when it comes time to vote.

Moving on once more:

Katie Ledecky, Missy Franklin and Ryan Lochte are awesome swimmers. But without Phelps, who in the United States is likely to watch a swim world championships — from Kazan or anywhere — on television?

Answer: virtually no one.

Need evidence? Lochte is, truly, a great guy. But there's a reason his reality-TV show was quickly canceled.

If Phelps doesn’t swim in Kazan, it’s a simple matter to look at the calendar and see he would have to swim instead at the U.S. nationals in San Antonio. They’re Aug. 6-10. The swim schedule in Kazan runs Aug. 2-9. Why the two events run simultaneously is a long, and separate, story.

A San Antonio nationals would feature Phelps, Allison Schmitt, Natalie Coughlin and dozens of others — apologies — recognizable mostly to their coaches and parents.

Phelps has for more than a dozen years now said his goal is to grow the sport of swimming. How would limiting him to San Antonio accomplish any of that?

That’s not just a rhetorical question.

It’s way better all around for leadership at USA Swimming to take a deep breath, work out the complexities of the selection process, acknowledge the obvious and get the guy who virtually by himself since 2000 has elevated swimming into the top tier in the Olympic scene back where he belongs.

With the best in the world.