A theater-of-the-absurd hearing in Congress

You know what was missing from Tuesday’s theater-of-the-absurd hearing in Congress on what was billed as “ways to improve and strengthen the international anti-doping system?”

Besides, you know, a big check or a ready-to-implement action plan aimed at improving and strengthening the international anti-doping system?

This hearing had nothing to do with either of those things, really. Nothing at all.

It was an excuse for the fine ladies and gentlemen representing various districts of Congress to take pictures with the likes of Michael Phelps and Adam Nelson — gee, who could have predicted that? — and, more to the point, play to the C-SPAN cameras while bashing Russia and touting truth, justice and the American way.

All the while coming off like the camera-seeking hypocrites that skeptics might suggest they are.

Representative Greg Walden, a Republican from Oregon: “Now you’re going to give us confidence that … U.S. athletes, who play by the rules, can compete against other athletes who play by the rules?”

“Thank you,” a smiling Representative Kathy Castor of Florida, a Democrat, told Travis Tygart, the U.S. Anti-Doping Agency chief executive, “for having the intestinal fortitude to stand up for our athletes and clean competition around the world.”

Oh! So that’s what this was about!

“Our” athletes, not “ways to improve and strengthen the international anti-doping system”?

Who woulda thunk?

There were so many choice moments during this nearly 150-minute paean to America the beautiful before the Oversight and Investigations Subcommittee of the U.S. House of Representatives' Energy and Commerce Committee (whew).

It was so stirring you might well have expected all in attendance to brandish special cereal-box Captain America power shields if, say, Ivan Drago had bolted into Room 2123 of the Rayburn Building to announce that, of course, he was there to break each and every one of them.

Maybe the best moment, however, was when Rep. Frank Pallone Jr., a Democrat from New Jersey, clearly reading from notes prepared for him, misspoke and referred to the “bobsled and skeletal federation.”

It’s “skeleton.”

There’s so much wrong with Congress having hearings on an issue the elected ladies and gentlemen know virtually nothing about and, more to the point, can’t and aren’t going to do anything about.

But Mr. Pallone’s glitch is altogether so revealing.

So, too, the rhetoric, which in an effort to make one point simply proved the other.

“It starts with the athletes. They own the culture of sport,” Tygart asserted.

“And it’s wonderful — it’s sad it took this scandal to mobilize them in the way that it has but it’s wonderful that they’re now mobilizing and realizing how important this right is to them. They also have to have confidence in the system.”

You'd think it was 1984 all over again, and Marty McFly had just parked his DeLorean on Capitol Hill with the cassette tape blasting Bruce Springsteeen's "No Surrender," or something.

Soviets? Russians? Which? Whatever.

Oh. Still us and them. Got it.

But wait, just to put what Tygart said in some context:

Phelps said he didn’t believe he had ever competed internationally in a totally clean event. Nelson, too.

So what is the only reasonable, logical deduction about the so-called “culture of sport”? The brutal truth?

Athletes all over the world cheat, and if they can get away with it, they damn sure will.

Why?

Because, again, logic:

Illicit performance-enhancing drugs work.

Following that to the stark conclusion:

For many athletes in whatever country — and don’t be fooled, the United States has produced some whopping world-class cheaters — the risk-reward ratio makes for an easy tilt.

Indeed, if you were in the Russian Duma, following Tuesday’s spectacle in Congress, why wouldn’t you hold a hearing in which you splashed pictures on a really big screen and howled in laughter at Lance Armstrong, Floyd Landis, Tyler Hamilton, Marion Jones and scads of baseball stars?

In the background, you could work up a digital sampling loop of Mr. Walden from Oregon saying, “U.S. athletes, who play by the rules …”

Oh, again — in Russia the defining difference is, according to the second of the 2016 reports produced by the Canadian law professor Richard McLaren, “institutional control”?

All that does is point up what happens when you have a federal sport ministry, like they do virtually everywhere else, and when you don’t, as is the case in the United States.

Here, we do our cheating red, white and blue capitalist-style:

To quote Ivan Drago's movie wife, the equally awesome Ludmilla, dismissing allegations that her husband could have used steroids: "He is like your Popeye. He eats his spinach every day!"

Just to underscore the raging hypocrisy of Tuesday’s hearing:

Dial the history books back to 2012, a couple of months before USADA tagged Mr. Armstrong.

That summer, a longtime Wisconsin Republican congressman, Representative Jim Sensenbrenner, sent a letter to the White House Office of National Drug Control Policy, the funnel for significant USADA funding, declaring, “USADA’s authority over Armstrong is strained at best.”

Also included were even more laff-out-loud party lines:

“Armstrong, however, has never failed a drug test despite having been tested over 500 times.”

“As attorneys for Armstrong asserted, ‘USADA has created a kangaroo court … ‘ “

“The actions against Armstrong come in the midst of inconsistent treatment against athletes.”

Mr. Sensenbrenner, still a member of Congress, was at the time the chair — he still sits on — the House Judiciary Committee’s subcommittee on crime, terrorism and homeland security. That panel held jurisdiction over ONDCP. Moreover, Mr. Sensenbrenner’s district is home to the then-longtime Armstrong sponsor, Trek Bicycles.

Big picture take-away from Tuesday’s event:

The anti-doping campaign is not easily reduced to sound bites and headlines.

It’s complicated.

Making any sort of real progress is going to take way less rhetoric, far more cooperation and considerably more cash.

This field is simply not susceptible to Tuesday's display of red, white and blue.

Or, more to the point, black and white. It’s a lot of grey.

— Russia bad, Russia bad, Russia bad. Got it, Congress.

Over the weekend, the International Olympic Committee, citing a Feb. 21 WADA meeting, sent out a letter referring to the pair of McLaren’s 2016 reports, from December and July, acknowledging that “in many cases the evidence provided may not be sufficient to bring successful cases.”

So even if Russia bad — it is at the core of the notions of truth, justice and the American way that each and every person is afforded the chance to test any and all evidence the authorities say they hold.

If it’s “not sufficient,” you’re free to go. In this context, to compete.

Same deal for Russians, for Americans, for whoever.

As Dr. Richard Budgett, the IOC’s medical director, put it in the statement he submitted Tuesday to Congress, “In accordance with the principles of individual justice, clean athletes should not be sanctioned or punished for the failures of others.”

— Tygart: “If you continue to have sport overseeing investigations, determining compliance, acting as a global regulator of itself, it’s no different than the current status quo, which is the fox guarding the henhouse.”

Tygart’s argument holds intuitive appeal. Moreover, he knows full well that a good many people don’t understand the anti-doping landscape, laced with science, law, politics and diplomacy, so they rely on him — indisputably an expert — to lay out for them in easy-to-follow terms (fox, henhouse) what might seem most constructive.

Fair enough.

At the same time, it’s far from crystal clear that “sport” ought to go anywhere.

Governance is rooted not just in structure but in culture. Eight years ago, the USOC tried to separate the two, when Stephanie Streeter, who had no significant “sport” experience, was named chief executive. She lasted all of a year, resigning amid a 40-0 no confidence vote from the American national governing bodies — that is, from sport.

Culture matters, a lot, and it’s also a fair argument that the anti-doping machinery ought not take significant dollars from sport while churlishly then banishing any and all goodwill, good faith and experience that comes with those dollars to the penalty box.

That’s called rude and ungrateful, and no system can sustain itself like that for long.

— WADA’s 2017 annual budget is $29.7 million. The U.S. government is due this year to put up $2.155 million, or 7.3 percent.

That’s way more than any other country puts up.

That’s one way to look at it.

Another view:

There are 206 national Olympic committees. The U.S. Congress thinks it’s entitled to hold hearings when the American government is putting up 7 percent toward an entity because — why?

Is any other parliamentary or legislative body in the world holding such hearings? No. Obvious question: why not?

Ethiopia recently criminalized sports doping. The new head of the country's track and field federation is Haile Gebrselassie, the distance running great. A 22-year-old marathon runner, Girmay Birahun, is now facing at least three years in Ethiopian prison after testing positive for the controversial Latvian heart medication meldonium; Maria Sharapova is due to return to the tennis tour in April after her sport ban for the same substance was cut from 24 months to 15. Ethiopia, where there's a lot to discuss in the anti-doping scene, is due to contribute a grand total of $3,239 to WADA in 2017. Not a typo — $3,239, and already has paid $3,085.

Should Ethiopia hold a hearing? If it did, should WADA and the IOC send representatives, like they did Tuesday to Washington?

Does Mr. Birahun own the "culture of sport"? Or do only western athletes, and in particular Americans?

Yet another view:

The 2016 U.S. federal budget was, ballpark, $4 trillion. Yes, $2 million is real money. But, context: $2 million over $4 trillion equals pretty close to nothing. And Congress is yapping for more than two hours?

“We can have all the governance review in the world. Which we welcome and we want. I have been in this business for 20 years. And it’s time for change. It’s time to put investment into this business,”  Rob Koehler, the WADA deputy director general, said in response to a question from Representative Chris Collins, a Republican from New York.

“If I look globally at the amount of money being put into national anti-doping organizations,” Koehler said, “it’s simply insufficient. There’s the crux of the issue.”

He added a moment later, “Until that happens, we’ll never see change.”

— The U.S. Olympic Committee is giving USADA $4.6 million this year, up 24 percent from $3.7 million the year before.

That’s real investment, and the USOC should be applauded for seeking to effect real change.

— Much was made Tuesday of a WADA-commissioned report from a team of so-called “independent observers” who reported after the Rio Games that 4,125 of the 11,470 athletes on hand may have shown up in Brazil without being tested even once in 2016, 1,913 in the 10 sports deemed most at risk for cheating, among them track and field, swimming and cycling.

The problem with these numbers is that they are both entirely accurate and thoroughly misleading.

Would more testing be helpful? Probably.

But as the Armstrong case proves, being tested — or passing a test — proves absolutely nothing.

As Sensenbrenner, and even Armstrong himself, noted:

https://twitter.com/lancearmstrong/status/71358750434402306

Passing a test does not prove an athlete is clean.

This is a core misconception.

Testing is not, repeat not, a failsafe. To believe otherwise is naive in the extreme.

— In a similar spirit, it’s not unreasonable if Phelps — who has never given any indication that he is anything but an honest champion — might have had to get up at 6:05 in the morning for drug testing.

You say otherwise?

Here is the way the “whereabouts” system, as it is called, works.

It would defeat the entire purpose of out-of-competition testing for an athlete to know exactly when drug testers are coming. At the same time, it would be entirely unreasonable for Athlete X to be on call 24/7. So the system strikes a balance.

Via the sort of paperwork that Phelps noted Tuesday he repeatedly had to fill out, Athlete X makes himself or herself available to drug testers one hour a day.

Whatever 60 minutes that is — it’s his or her choice.

So, for instance, if the tester shows up at 6:05, it’s because on that form Phelps, or whoever, put, say, 6 to 7 a.m.

Phelps, referring to his baby son Boomer in responding Tuesday to Collins, the New York Republican, said, “I don’t know what I would — how I would even talk to my son about doping in sports.

“Like, I would hope to never have that conversation. I hope we can get it cleared, cleaned up by then. For me, going through everything I’ve done, that’s probably a question I could get asked. I don’t know how I would answer.”

Easy:

Just because you’re American doesn’t mean you’re good, just because you’re Russian doesn’t make you bad.

Everybody has temptations. Do the right thing, son, the way mom and I raised you.

In the meantime, it’s up to the grown-ups to make sure the people running, say, the swim meet have enough money to do every part of what they do the right way.

Also, next time mom and dad will tell those people in Washington to find someone else to take pictures with, OK? Like Ashton Kutcher. When he was doing the same sort of thing daddy did on Tuesday, Ashton blew a kiss to John McCain.

When the presumption of innocence meets la-la land

It’s Oscar Sunday here in Los Angeles. “La La Land” is expected to clean up.

Ladies and gentlemen and boys and girls, let’s turn the lights down low, settle back into our comfy seats with a big tub of popcorn and, what with the weekend's super-interesting script ripped from the Sunday Times over in London tied to a Fancy Bears hack all about Alberto Salazar and Sir Mo Farah and others, let’s revisit some showstoppers from years gone by.

What an interesting idea, just generally speaking: when the presumption of innocence meets la-la land.

But first:

Just like at the movie theater, when they tell you to turn off your cellphone, this disclaimer, brought to you Saturday from the U.S. Anti-Doping Agency:

“Importantly, all athletes, coaches and others under the jurisdiction of the World Anti-Doping Code are innocent and presumed to have complied with the rules unless and until the established anti-doping process declares otherwise. It is grossly unfair and reckless to state, infer or imply differently.”

https://twitter.com/Ry_Madden/status/835659821059735553

Oh, wait.

For clarity: do these rules apply with the same import to Russian athletes?

Because this would be the same U.S. Anti-Doping Agency that over the past 18 months has helped promote the charge to ban each and every Russian athlete because of allegations involving what an independent World Anti-Doping Agency-commissioned report alleged was “institutional control” of the Russian anti-doping control system.

Just to reiterate from the USADA press aide's tweet, italics and underline mine: "all athletes, coaches and others … are innocent and presumed to have complied with the rules unless and until the established anti-doping process declares otherwise.”

For emphasis:

“It is grossly unfair and reckless to state, infer or imply differently.”

A U.S. Congressional subcommittee meets Tuesday to consider “ways to improve and strengthen the anti-doping system.” Perhaps this can be on the agenda.

La, la, la, la, la.

Returning, as we were, to a story seemingly crying out for a Hollywood-style treatment:

The Sunday Times, citing a Fancy Bears hack of a March 2016 USADA report, says Farah and others were given infusions of a research supplement based on the amino acid L-carnitine.

The newspaper says Salazar boasted about the “incredible performance boosting effects” of the stuff and emailed Lance Armstrong before Armstrong was outed for doping: “Lance call me asap! We have tested it and it’s amazing.”

Farah, in a Sunday post to his Facebook feed, said it was “deeply frustrating” to have to respond to such allegations and asserted he was a “clean athlete.”

To reiterate, Farah is, and the others in the Salazar camp are, assuredly entitled to the presumption of innocence.

Scriptwriters out there: do you know what might, just might, make for a really interesting take on the Farah saga? In retrospect, if you will, maybe the turning point in the whole thing?

In 2011, at the IAAF world championships in Daegu, South Korea, Farah lost the 10,000 meters by just this much, to a guy perhaps only true track geeks have ever heard of, Ibrahim Jeilan of Ethiopia.

After some 26 minutes of racing, Farah ran the last lap in 53.36 seconds, which is crazy fast.

It wasn't enough.

Jeilan won, in 27:13.81.

Farah got the silver, in 27.14.07.

Since, Farah has pretty much won everything of import, including both the 5 and 10k races at London 2012 and Rio 2016.

Jeilan isn't exactly a total chump. He was the 2006 world junior 10k champion. He is the 2013 10k world silver medalist.

But since that fateful evening in Daegu, Aug. 28, 2011, their career paths have — diverged.

One might ask: how come?

Moving along, as we were.

In 1978, when I was a second-year student at the Northwestern University Medill School of Journalism in Evanston, Illinois, the best-picture winner was “Annie Hall.” Talk about neurotic. You want neurotic? Here was neurotic: a second-year news writing class, taught by a crusty curmudgeon straight from central casting, Dick Hainey, in which we were taught that one mistake, even one, would get you an automatic failing grade and, son, you deserved to fail and, better yet, start learning to suck it up, because anything less than perfect obviously equals abject failure.

Here is another decree from the oracle atop the mountain that was Professor Hainey, and while anything less than perfect turns out maybe to be not such great advice for life, this next nugget is a worthwhile journalism lesson that has stuck for more than 40 years:

If your mother tells you she loves you — check it out.

In that spirit— and, once more for emphasis, Sir Mo and the others in the Salazar pack are assuredly entitled to the presumption of innocence — let us visit some hits from the wayback machine even as we note that Julia Roberts is, according to Variety, set to produce the film adaptation of the New York Times best-seller “Fool Me Once”:

Armstrong, 1999: “I have been on my deathbed, and I’m not stupid. I can emphatically say I’m not on drugs.”

Armstrong, 2005: “I have never doped. I can say it again but I’ve said it for seven years.”

Armstrong, 2005: “How many times do I have to say it? … Well, it can’t be any clearer than, ‘I’ve never taken drugs.’ “

Armstrong, 2010: “As long as I live, I will deny it. There was absolutely no way I forced people, encouraged people, told people, helped people, facilitated. Absolutely not. 100 percent.”

Armstrong on Twitter, May 2011, as his former teammate Tyler Hamilton was about to go on “60 Minutes”:

https://twitter.com/lancearmstrong/status/71358750434402306

Armstrong, 2013, after USADA got him: “All the fault and all the blame here falls on me. I viewed this situation as one big lie that I repeated a lot of times. I made my decisions. They are my mistakes, and I am sitting here today to acknowledge that and to say I’m sorry for that.”

Hamilton, interview in his Boulder, Colorado, living room, 2005: “I didn’t blood dope, that’s for sure.”

Hamilton, May, 19, 2011, confession letter to family and friends: “During my cycling career, I knowingly broke the rules. I used performance-enhancing drugs. I lied about it, over and over. Worst of all, I hurt people I care about. And while there are reasons for what I did — reasons I hope you’ll understand better after watching — it doesn’t excuse the fact that I did it all, and there’s no way on earth to undo it.”

Hamilton, describing a July 2000 blood transfusion during that year’s Tour de France, as relayed as part of the USADA case against Armstrong:

“The whole process took less than 30 minutes. Kevin Livingston and I received our transfusions in one room and Lance got his in an adjacent room with an adjoining door. During the transfusion Lance was visible from our room, Johan, Pepe and Dr. del Moral were all present and Dr. del Moral went back and forth between the rooms checking on the progress of the re-infusions. Each blood bag was placed on a hook for a picture frame or taped to the wall and we lay on the bed and shivered while the chilly blood re-entered our bodies.”

Floyd Landis, his very own 2007 autobiography, the ironically titled Positively False, chapter 11:

“I did not use performance enhancing drugs in the 2006 Tour de France or any other time in my career. All I ever did was train. I put training first, even before my family. When you want to win, you eat, drink, sleep and breathe cycling. Knowing it’s not forever is what makes it doable. So I made the sacrifices I had to make, and I did so honestly.”

From page 278-79 in the book, Landis describing a post-2006 Tour de France trip back to where he was from, Farmersville, Pennsylvania, amid the largely Mennonite area of Lancaster County:

"One by one, hundreds of people walked across the yard to my parents to congratulate them. One woman went to mother with tears in her eyes. 'She said that she and her husband had lost their son in Iraq seven months before,' Mom said. 'She told me, 'My husband has never gotten over it, but he rides a bicycle and he watched every single stage. He's a different person since your son won. It was like healing to him.' I just felt so blessed that you were able to inspire someone while doing something that you love,' Mom told me. I never rode my bike in order to have an effect on anyone else, but I understand that people are influenced by what they see. When my mom told me this story, I was really touched that I had helped someone."

USADA Reasoned Decision, just one of many harrowing passages describing Landis' doping: “They shared doping advice from Michele Ferrari," the Italian doctor identified by USADA as a key player in the Armstrong scheme, "and when Floyd needed EPO Lance shared that, too.”

Marion Jones, her very own 2004 autobiography, and in big red capital letters about 175 pages in:

“I have always been unequivocal in my opinion. I am against performance-enhancing drugs. I have never taken them and I will never take them.”

Government sentencing memorandum, 2007, United States v. Marion Jones:

“The defendant’s use of performance-enhancing drugs encompassed numerous drugs (THG, EPO, human growth hormone) and delivery systems (sublingual drops, subcutaneous injections) over a substantial course of time. Her use of these substances was goal-oriented, that is, it was designed to further her athletic accomplishments and financial career. Her false statements to the [investigating] agent were focused, hoping not only to deflect the attention of the investigation away from herself, but also to secure the gains achieved by her use of the performance-enhancing substances in the first place. The false statements to the [investigating] agent were the culmination of a long series of public denials by the defendant, often accompanied by baseless attacks on those accusing her regarding her use of these substances."

U.S. District Judge Kenneth Karas, 2007, in sentencing Jones to six months in custody, emphasizing that what she did was not a “momentary lapse in judgment or a one-time mistake but instead a repetition of an attempt to break the law.”

Who knows what will happen at the Oscars?

What the next few weeks or months will bring with Sir Mo, Salazar and others?

Surprises and plot twists galore, perhaps.

La, la, la, la, la, everyone. Keep a watchful eye on your sweet mother and the popcorn.

Less rhetoric, more constructive problem solving

Last December, in the second of his two World Anti-Doping Agency commissioned (but, to be clear, independent) reports into allegations of doping in Russia, the Canadian law professor Richard McLaren wrote:

“It is time for everyone to step down from their positions and end the accusations against each other. I would urge international sport leadership to take account of what is known and contained in the [two] reports, use the information constructively to work together and correct what is wrong.”

It is through that prism that one ought to view, one, the love note the International Olympic Committee dropped in classic late Friday afternoon PR-style on what it called “the reform of the anti-doping system” and, two, the sanctimonious political grandstanding sure to be coming at next Tuesday’s U.S. House of Representative subcommittee hearing on “ways to improve and strengthen the anti-doping system.”

The U.S. Congress and the IOC would do well to listen to Mr. McLaren’s wise counsel.

But no.

Turning to Congress first:

One, you might think the U.S. House of Representatives might have better things to do than hold hearings about Russian doping.

Because, like, that is the House of Representatives for the United States and the allegations about doping involve another country. That country is called Russia. Russia is not the United States.

Maybe the ladies and gentlemen of the 115th Congress might have more pressing priorities in regard to American life. Maybe, you know, jobs. Then again, it’s February. This is why Sports Illustrated features swimsuit models this time of year. It’s silly season.

Two, everything you need to know about how dumb, what an absolute waste of time and resource this hearing is going to be, can be explained in the headline to the committee news release: “Gold medal lineup: Tuesday hearing on anti-doping brings together all-star panel.” For emphasis, “gold medal lineup” is in capital letters.

Wow! Sports stars come to Washington! Congresspeople! Staffers! Get out your cellphones so you can get your selfies with witness No. 4 on the testimony list — “Mr. Michael Phelps, American swimmer and Olympic gold medalist”! Let's count! 28 Olympic medals in all! 23 gold!

Get back to me, anyone, when you tell me how many of those 28 medals Phelps — and I have been there for every single one of his Olympic races, maybe even written a best-selling book with him — has lost to a Russian swimmer.

Hint: zero.

If Congress wants to investigate some current issues involving doping in American sports, since it can turn to subpoena power and everything, here are some suggestions:

— Lance Armstrong is facing the prospect of civil trial. In February 2012, the U.S. attorney’s office in Los Angeles, headed by Andre Birotte Jr., abruptly dropped, without explanation, a two-year criminal investigation into Armstrong’s activities. That October, the U.S. Anti-Doping Agency made its case against Armstrong, revealing that he had, in fact, been doping for years. In April 2014, Birotte was nominated to become a federal judge in LA, where he now sits. How does that happen?

— What’s really on that Tom Brady cellphone? Even a sitting U.S. judge on a circuit court of appeals in New York, in oral argument nearly a year ago, said it made no sense whatsoever for Brady to have destroyed the phone. And is there any connection to that phone’s destruction and these kinds of stories?

— What about the extent and scope of the use of illicit performance-enhancing substances in the NBA and NFL, among other U.S. major pro leagues? Or do you, congresspeople, really think, oh, linebackers are built and run like that naturally?

Moving along:

Three: it is the height of hypocrisy for the legislative arm of the United States government to be holding a hearing into ways to “improve and strengthen the anti-doping system” when, as this space pointed out recently, the American government contributed not one penny to either of the two Pound or two McLaren reports, which together cost $3.7 million.

Suggestion: you want to improve the anti-doping system?

Easy. Like most problems, it can be made way better by throwing money at it.

WADA’s 2017 budget is $29.7 million. The U.S. government’s dues are expected to total $2.155 million. That’s by far the most of any country anywhere. Britain, Russia, Germany: $815,630 apiece.

The U.S. money has for the past several years been funneled through a White House agency called the Office of National Drug Control Policy.

But lookee here, according to a Feb. 17 New York Times account: the Trump Administration may be poised to move ahead with elimination of nine programs, most “perennial targets for conservatives.” One of the nine: ONDCP.

Now that would be something to investigate.

Particularly since — lookee over here, too — the very same Republican chair of this very same subcommittee, Rep. Tim Murphy of Pennsylvania, according to the Wall Street Journal, co-signed a letter sent Thursday to, whaddya know, ONDCP that said:

“On top of opioid overprescribing and heroin overdoses, we believe the United States is now facing another deadly wave: fentanyl.”

The way these sorts of Capitol Hearings hearings typically work is that the members and staffers stroll in, now with cellphones in hand, with a briefing memorandum.

That’s the background they get.

Meaning that’s usually pretty much the sum and substance of what they know about the topic at hand.

These sorts of memos tend to be a matter of public record. This particular memo runs to eight pages and 47 footnotes.

Of those 47, 33 are news stories, press releases, op-eds, TV shows or the Pound or McLaren reports themselves.

A good chunk of most of the others, including a bunch of the first dozen, are who-we-are and what-we-do-documents (No. 2, WADA mission statement, etc.)

So, again, what is this hearing about?

News stories, press releases, op-eds and TV shows.

Not actual reform.

That, to reiterate, would take the one thing the United States government has only marginally been, and may not now at all be, willing to shell out:

Hard cash.

Which brings us to the IOC.

Same issue.

The IOC took in $5.6 billion over the 2013-16 cycle.

In his letter, circulated widely within Olympic circles but not formally addressed to WADA itself, the IOC director general Christophe de Kepper notes that in the first WADA-commissioned independent report, made public last July, Mr. McLaren “describes a ‘state-sponsored system’ whilst in the final full report in December he described an ‘institutional conspiracy.’ "

The IOC panels now studying what’s what, de Kepper said, “will now have to consider what this change means and which individuals, organizations or government authorities may have been involved.”

Oh, please.

If anyone thinks this trail is going to lead to the cellphone of the Russian president, think again. It’s not going to be found, anyway.

Hmm. Weird coincidences, sometimes. Or not. Whatever.

Mr. de Kepper further notes that "it was admitted" by WADA that "in many cases the evidence provided may not be sufficient to bring successful cases." This is a pointed note aimed at the WADA position of an all-out Russian ban and the IOC stance in favor of individual justice. This space, almost alone in the western press, has argued that of course every single person in the world deserves to have his or her case heard on the basis of the evidence against him or her -- not a group grope.

At any rate, along with the possibility if even probability of soaring legal principle and individual justice, at issue with Mr. de Kepper's position, without doubt, is the IOC seeking advantage in a push-and-pull with WADA over who is going to control what over what comes next.

Mr. McLaren made clear what “this change means." See the second paragraph of this column: all involved should be invoking less rhetoric and seeking more cooperation.

In that spirit, here are some words of wisdom that won’t be in any of those footnotes and that won’t be referenced in that IOC letter.

They were spoken at a WADA executive meeting in September by the WADA director general, Olivier Niggli, and for sure the IOC is aware of them, or ought to be on what lawyers would call the theory of constructive notice, because an IOC vice president, Turkey’s Ugur Erdener, was in the room listening.

This sort of thing isn’t ripped from the headlines. No cellphones. No news releases touting gold-medal lineups or all-star panels.

This is the nitty-gritty of the anti-doping scene.

To make an anti-doping system work takes tons of hard grinding, along with patience, science, leadership and collaboration from sports officials and earnest government officials, and it takes a lot more money than is right now at anyone's disposal, especially WADA. The inescapable fact is the IOC has to put up that coin. Governments come and go; congresspeople pose and prance and dither; the IOC is the only big-picture revenue source with an ongoing interest in making sure international sport is as clean as can be.

That’s going to take checks and balances along with trust, will and faith.

As Mr. McLaren said, that means constructive problem-solving.

“The report,” Niggli said in September, referring to Mr. McLaren’s July document, “had generated a lot of comments and discussions over the past few months.

“WADA should not lose the focus, which was that it was an issue with Russia, and WADA still had to deal with that issue.

“It was a very important issue, and the fact that Russia had been cheating everybody for a number of years needed to be addressed. That was the key focus, and it probably should have been the focus of the discussion over the past months, too.

“Unfortunately, the discussion had been on trying to attack WADA and blame the anti-doping system, and that had not been helpful. The members should bear in mind that WADA did not operate in a vacuum.

“WADA was made up of governments and the Olympic movement, and the Olympic movement had been around the table from Day One,” in the late 1990s, “and had supported the work of WADA and the revised World Anti-Doping Code, and it had been paradoxical to see how the entire anti-doping system had been questioned after the McLaren report.

“…  The system was [not] the issue; the issue was how the system was being practiced by some, and the members should not forget the fact that the system had been cheated.

“One could design a great system but if those applying it were cheating, it was difficult to achieve success.”

Exactly.

Anti-doping reality: we all get what we pay for

Over the past two years, the World Anti-Doping Agency commissioned, in all, four independent reports that trained the spotlight on, and generated considerable controversy worldwide about, allegations of systemic doping in Russia.

Those reports cost a total of $3.7 million, according to WADA.

WADA’s 2016 annual budget totaled $29.6 million. A little math: $3.7 million over $29.6 million would amount to roughly 12.5 percent of the agency’s entire budget. Even spreading the costs out over two years leads to the same problematic conclusion: WADA, perennially cash-strapped, simply does not have that sort of money readily at hand.

In November 2015, WADA president Craig Reedie issued a call to the world’s governments to help pay for investigations.

The response underscores the complexities of reconciling talking the talk with walking the walk in the complex and nuanced world of the anti-doping campaign — where it’s easy, particularly for governments and politicians, to pay lip service to being tough on the use of illicit performance-enhancing drugs but far more problematic to do something about what, at the end, is a problem that challenges the legitimacy of sport and thus inevitably falls on sports officials to confront.

The United States government? It contributed not a penny.

The government of the United Kingdom? Likewise, not a pence.

The government of Germany, which had gone so far as to criminalize doping in sport? Nothing.

The government of Norway, where fair play and clean sport are virtually a mantra? Zero, zip, nada.

In all, WADA says, it had received by the end of 2016 a grand total of $654,903 toward that total of $3.7 million. Romania contributed $2,000. Romania!

For sure clean sport is a laudable goal.

Now the reasonable question for all who say that a level playing field is the goal:

Is this any way, figuratively speaking, to run a railroad?

—

To recap the long story of the investigations into what’s what in Russia:

The Canadian lawyer Dick Pound was asked to chair the first two independent commission reports. They focused on corruption and doping within track and field’s governing body, the International Association of Athletics Federations, or IAAF.

The two reports were released in November 2015 and January 2016.

Total cost for the pair: $1.8 million, per WADA.

The Canadian law professor Richard McLaren headed the next two independent commission reports. They addressed the wider subject of purported systemic abuse in Russia.

He delivered his first report last July. It contained terms such as “state directed oversight,” a “state-directed failsafe system” and more.

The second report was made public in December. It refers repeatedly to “institutional control,” and urged “international sport leadership to take account of what is known and contained in the [July and December] reports, use the information constructively to work together and correct what is wrong.”

Cost for the two reports: $1.9 million, per WADA.

Total, all in, four reports: $3.7 million.

Reedie, recognizing in November 2015 that WADA was looking at a monumental challenge in the months ahead, put out his call to the world’s governments.

In virtually every country but the United States, sport is an arm of a federal ministry. Governments play a key role in WADA governance. Among other things, government funding matches the monies that flow to WADA from sport, and in particular the International Olympic Committee.

Here, according to WADA, is what Reedie’s call for help has brought the agency:

Country	Payment Received From Govt(in USD)		Date Received
Romania	2,000		5-Jan-16
New Zealand	20,000		9-Jun-16
Canada	136,250		12-May-16
Denmark	100,000		28-Apr-16
Japan	187,109		13-Jun-16
Japan-Asia Fund	50,000		23-Dec-16
France	159,544		26-Dec-16
Total		654,903

 —

When the French contribution came in the day after Christmas, WADA took note of it with a thank-you news release that said, in part, it appreciated the “tangible demonstration of France’s ongoing commitment to partner with WADA to uphold the spirit of sport.”

The agency spokesman, Ben Nichols, said in a response to an inquiry, ‘WADA is very grateful for the generous contributions made by governments from seven different countries towards our Special Investigations Fund.

“These additional funds are helping support the agency’s enhanced investigations capacity, which is an increasingly important aspect of our global anti-doping work. WADA of course welcomes and encourages any further contributions from other countries that would also be put to good use in protecting the rights of clean athletes worldwide.”

It might be noted that there are 193 member nation-states in the United Nations and 206 national Olympic committees. (The national Olympic committee of Kuwait has been suspended, in a dispute over governmental interference, since October 27, 2015.)

Seven countries contributed to the "Special Investigations Fund."

Last June, or roughly seven months after Reedie’s call for funding, U.S. Sen. John Thune, a Republican from South Dakota, chair of the Senate Commerce Committee, sent a letter to WADA asking why it had not moved more aggressively to investigate allegations of Russian doping.

The British Parliament summoned Sebastian Coe, the president of the IAAF, to give testimony in December 2015. Parliament is still in a kerfuffle over what Coe knew, didn’t know or might have known.

"The Government is fully supportive of the work of WADA and makes a significant financial contribution to their work annually, via UK Anti-Doping, to help their operational and investigative work,” a British Department for Culture, Media and Sport spokesperson said.

“Sports Minister Tracey Crouch is also one of the European members of the World Anti-Doping Agency's Foundation Board while UKAD, at the request of WADA, is working in Russia to improve their anti-doping regime."

In Norway, fairness and decency are shouted from the top of the cliffs overseeing the fjords as a way of life. There the culture ministry has responsibility for sport.

A spokesperson: “The Norwegian Ministry of Culture follows the WADA budget process closely. Our position regarding funding matters is to make sure that WADA is appropriately funded to carry out its core functions as a regulating, monitoring and supervising body. Norway contributes to WADA's activities through a yearly contribution.”

In Germany, the interior ministry oversees sport. The current minister, Thomas de Maizière, has been something of an anti-doping crusader, in 2015 taking the lead in urging passage of a new law criminalizing anti-doping and then, last summer, in urging “hard decisions and not … generosity” when it came to the Russian track and field team.

A spokeswoman, Lisa Häger, said the ministry received Reedie’s funding request on December 7, 2015.

She also said the ministry “welcomes” the WADA investigations but added:

“Nevertheless, for budget law reasons it is extremely difficult to make available a one-off payment to WADA for its investigations. Under German budget law, German government agencies may allocate funds to agencies not belonging to the federal or state administration only in the form of special allocations that are subject to strict rules and requirements. The case at hand does not really meet the conditions laid down by the legal provisions governing such allocations.

“However, under certain circumstances, the Federal Ministry of the Interior could imagine raising its yearly contribution to the WADA budget to make future investigations possible. Costs incurred by investigations should be borne by all member states since all member states benefit from the investigation results. This would also guarantee fair and transparent procedures.

“For a further debate on financing WADA and its projects, the European Union and its member states, including Germany, have asked WADA to generally discuss WADA’s priorities, core tasks and working methods. We wish to wait for the outcome of this discussion before taking a final decision.”

So which argument might most seem apt:

There’s the easy one: the tediousness of government bureaucracies?

Or the really, really easy one: the sanctimoniousness of government hypocrisy — ministers, senators and others in the public eye looking to leverage sport for easy headlines but unwilling to pay up to do the thankless but essential work it takes to keep the playing field level?

—

Or, perhaps, there is yet another way to frame this?

The United States paid $2.05 million of WADA’s $29.6 million budget. Rounding up, that’s 7 percent.

No other country is even close.

Moreover, the U.S. Olympic Committee last June approved a 24 percent funding increase to USADA. As an Associated Press story put it, the USOC chose “money over words in an effort to fix a worldwide system that [chief executive officer] Scott Blackmun says is broken.”

The move means the USOC will give USADA $4.6 million starting this year, up from $3.7 million.

The USOC and the U.S. federal government supply most of USADA’s money.

Back to WADA:

Germany and the United Kingdom paid in their 2016 negotiated shares, $772,326 apiece. Norway, too, $135,364.

It is indisputably the case that governments work months if not years ahead in the budgeting process.

It is also the case that a few years ago, when USADA went after Lance Armstrong and entourage, a matter that resulted in sanctions for roughly 20 athletes and coaches, the whole thing — including the costs of defending what turned out to be a frivolous lawsuit in U.S. federal court — ran to, and these are rough numbers, less than $500,000.

Why the discrepancy?

Because, and these are key issues going forward as well:

USADA built into its budget a contingency fund just for this sort of unexpected occurrence. WADA had no such thing.

Because of that, USADA was able to handle it at a staff level. WADA had to pay outsiders, and some of those outsiders were lawyers who, logically enough, billed at lawyer rates.

Big picture:

Asking for contributions can seem an odd way to go about seeking funding.

Did WADA ask for a defined amount from governments x or y? (No. Look at the amounts it got.)

What deadline, if any, was provided? (Seemingly open-ended.)

What justification was provided? (That is, what was the advance cost estimate for what turned out to be four investigations, and what was said about why these investigations — at least initially — could not be covered?)

Was anything said about whether a failure to contribute by a particular date would in any way impact the probe? (Seems like no.)

Back to earth: how is WADA supposed to cover, hmm, just over $3 million in unexpected costs?

 —

Maybe there is yet one more way to look at these vexing complexities.

WADA is nearing its 20-year anniversary.

It has seen many accomplishments: the drafting of the world anti-doping code and the subscription to that code by virtually every sporting body and government in our world.

But, as the Russian doping crisis has made plain, the code — and, to a great extent, WADA — represent what in the United States might be called an unfunded mandate. It’s probably the same term, or a variation thereof, all around the world.

That is — an agency is asked to do something but gets little or no money to do it.

If WADA is now going to be charged with investigations, it's only reasonable to ask it internally to tighten controls. Which the agency gets -- it is now building, from the ground up, a staff investigations department.

At the same time, it’s also reasonable that it have the resource to do what it is going to be asked to do.

And there is only one reasonable source. It’s sport. In particular, the IOC.

It's not unreasonable, given that government has such a distinct role in sport in so many countries, for it to have a seat at the WADA table. As the IOC president, Thomas Bach, put it in a speech in South Korea two-plus years ago, “In the past, some have said that sport has nothing to do with politics, or they have said that sport has nothing to do with money or business. And this is just an attitude which is wrong and which we cannot afford anymore. We are living in the middle of society and that means that we have to partner up with the politicians who run this world.”

At the same time, those politicians reasonably can not be expected to give their full attention to doping in sport. They have more pressing problems: war, disease, infrastructure, economic busts and booms and on and on and on.

Besides, when they do turn to sport, they can come up with horrifying discrepancies.

The tennis player Maria Sharapova will return to competition April 26 in Stuttgart. She will have served 15 months off after her two-year doping ban for meldonium, the Latvian heart-attack medicine, was cut by nine months by a sports court that found she had no intent to cheat. Note: this is sport dealing with a sport matter.

Compare: Girmay Birahun, a little-known 22-year-old Ethiopian marathon runner, is now facing at least three years in an Ethiopian prison after testing positive for — meldonium.

Ethiopia, like Germany, criminalized sports doping. This is government dealing with a sport matter.

“I don’t want to support people who have this evil in them,” Haile Gebrselassie, the distance running great who is now head of the country’s track and field federation, told the Independent, a British newspaper, adding a moment later, “Thanks to the government, we also have prison available as a punishment.”

He also said, “In a way I am scared for the athlete, sad for him, for what he will face in jail. Three years minimum, That’s a very bad punishment for someone to face. He will be the first Ethiopian athlete to go to jail and he has been crying non-stop ever since. But I need to work to protect the majority, not the individual.”

Fairness demands the level playing field that so many in so many places pay lip service to.

Talk is cheap. Action takes real money. There’s only one institution that has that real money, and that’s the IOC, flush with broadcast and sponsor revenues.

This, from page 134 of the IOC's  most recent annual report, for 2015:

"For the 2013-2016 Olympiad, the IOC is on track to realize a USD 5.6 billion total revenue target, which would allow it to achieve the overall objective of 90 percent distribution to support the development of sport worldwide.”

Somewhere in that $5.6 billion — again, $5.6 billion, with a b — there is money to fund an anti-doping system that works.

Because about this there can be no argument: ladies and gentlemen, we all get what we pay for.

McLaren part 2: answers but more questions

Here is the classic formula. A utility owns a water pump. The pump is accidentally left on. The pump floods a house. The homeowner is out of town. Who’s responsible?

Obvious, right?

Clear, too, with a nod to first-year drudgery in law school, is the difference between a prima facie case, evidence that's enough to lay out a case, and the notion of res ipsa loquitur, Latin for "the thing speaks for itself," evidence that by itself is so obvious that it not just states a matter but, right there, ends it.

In his extensive report made public last Friday, Canadian professor Richard McLaren delivered part two of what serves as a prosecutor’s brief alleging profound irregularities in Russia's anti-doping protocols. In essence, he made a prima facie case.

You would think, however, reading the news reports that McLaren 2 by itself spoke loudly and plainly enough not just to assign but prove liability for anyone and everyone involved.

That’s just not so.

Going forward, the report seemingly answers a great many questions even as it raises significant new ones.

And, as ever is the case in regards to Russia, the pertinent question was delivered not last Friday but by Vladimir Ilyich Ulyanov -- you know him as Lenin -- in 1901:

What is to be done?

Any and all of you who want to engage in over-heated politically charged rhetoric, or threaten boycotts, or proclaim that Russia ought to be banned — less rhetoric, please, and more reasoned discussion that works toward solution.

Same: any and all of you who believe the current Russian president to be a threat to life as we know it on Planet Earth. Your therapist would tell you that what you’re doing is transferring onto the Russian sports system whatever emotion you hold for Mr. Putin. Not constructive.

There are three essential issues on the table.

One, what is to be done about the global anti-doping system?

Two, what is to be done with Russia?

Three, what is to be done about individual Russian athletes?

--

One:

The fundamental challenge confronting the system has nothing to do with the International Olympic Committee, the World Anti-Doping Agency or whether the Russians went to the Summer Games in Rio in 2016 or go to the Winter Olympics in Pyeongchang in 2018 or whoever goes to the world bobsled championship in Sochi in 2017.

It’s the same thing that made such a mess of the Rio 2016 Games themselves — money.

Simply put, there isn’t enough.

This is on both the sports movement and, critically, governments.

Often lost in all the shouting is that by design governments have been, since the late 1990s creation of a world agency designed to take the lead in dealing with doping in international sport, key players.

But in a world buffeted by war, famine and virtually every other calamity that can be conjured by the human imagination, stopping doping in sports ranks pretty low on the priority list for most governments.

The evidence is right there in black and white:

Kenya, winner of 13 medals at Rio, all in track and field, contributed $3,085 to WADA in 2016. Premise: that’s absurdly low. Problematic conclusion: where in Kenya are you going to find more money?

The United States contributed $2.05 million. That’s less than spare change when it comes to the overall U.S. federal budget, which runs to about $3 trillion.

Pick a country. Any country.

Let’s say you’re in charge of a federal government budget somewhere on our big blue ball. You suddenly find yourself with a cozy $1 million to spend. Are you better off spending it on programs that might help contain, say, HIV or malaria … or paving roads … or fixing bridges … or funding elementary schools … or throwing it at anti-doping in international sport?

Everywhere in the world but the United States — repeat, everywhere — there is a government ministry of sport.

So to rage against the machine and cry that it needs to be fixed — OK, got it.

Solutions, please.

WADA’s annual budget is $26 million. That’s something of a joke when compared against athletic department revenues at top U.S universities, which are five to seven times as much.

If you want to throw in the anti-doping programs of major international federations and make the argument that there’s really twice as much money at hand — cool. You’re still only at one-quarter of what Texas A&M or Oregon bring in, each year.

Consider: most of the international sports federations tied into the Olympics get considerable funding, if not the bulk of it, from the IOC. Which derives it from broadcast revenues. What is the chance any particular federation, confronting financial existentialism, is likely to give up its share? (Answer: zero.)

So — the logical next step is to make the anti-doping thing a priority among governments, or deal with the consequence that it’s not. Because absent dedicated government involvement, or a siphoning off of IOC broadcast revenues (as if) or a new tax on sporting events themselves, this problem is apt to remain just that.

It’s not rocket science that the two organizations that moved to ban Russia from Rio — track and field, and the International Paralympic Committee — are both led by officials from the United Kingdom. The British press has been screaming about the Russians and doping so loudly you would think all the reporters there were all staring at a lunch of polonium-laced sushi. The head of the British Olympic Assn. said Monday he would support the skeleton champion Lizzie Yarnold and the British bobsled federation if they opted to stay away from those 2017 worlds in Sochi.

History is clear that boycotts only end up hurting athletes.

Maybe a better use of time and energy would be to convince Westminster to up the UK contribution to WADA. In 2016, it was $772,326. Same as Russia.

--

Two:

It’s not a workable plan to ostracize Russia.

There may be short-term gains — see Seb Coe, head of track’s international body, the International Assn. of Athletics Federations, who earlier this month saw through a wide-ranging reform plan.

But this is a long-term play.

FIFA is not going to take the 2018 World Cup away from Russia. Russia is very likely to be at the Winter Olympics that same year. For that matter, it would not be a surprise if key sports conferences end up in the coming years back in Sochi, St. Petersburg, Kazan or Moscow.

Simply put, Russia is way too important.

Beyond which, moralizing and self-righteousness get tiresome quickly, particularly when those moralizing come from a country with its own doping history (attention, United States) and when time is likely to show that Russia is hardly the only country in the world where clever souls have been trying to find an advantage.

It’s evident that Professor McLaren has come to a published understanding of political nuance.

For one, as he said, there is no direct evidence that the Russian Olympic Committee was involved in what he called a “conspiracy.” If you are the IOC and there’s no direct evidence that ties the ROC, what are you to do? This is where the conversation must switch from sanction to reform.

Professor McLaren’s July report, meanwhile, is chock-a-block with terms such as “state directed oversight,” a “state-dictated failsafe system” and the like.

Friday’s report refers repeatedly to “institutional control.”

Big difference semantically, and you can bet it’s on purpose.

As Professor McLaren’s Friday report says, on page 31, “I would urge international sport leadership to take account of what is known and contained in the [July and Friday] reports, use the information constructively to work together and correct what is wrong.”

--

Three:

In the interests of transparency and of proving his points, Professor McLaren made public what in the acronym-heavy world of doping he refers to as the EDP, the evidence disclosure package. Here is the link.

Kudos to the professor for the documents.

The thing is, they prove everything and nothing simultaneously.

A document, to be sure, says what it says. But — this is why lawyers make the big bucks — it doesn’t speak for itself.

Whenever a document is to be used to prove a point in a legal setting, it needs to be — to use legal jargon here — “authenticated.” That means someone needs to be sworn to tell the truth and that person tells the truth (purportedly) about the context and circumstance of the document. How it came to be. How it might or might not relate to other documents. How it might or might not be accurate. And so on.

The fundamental issues with Friday’s McLaren 2 — despite the professor’s declarations to the contrary — remain fundamentally the same as McLaren 1 in July, and these issues make plain the problematic nature of sanction in favor of constructive solution.

First, as the professor says, page 30, he has painted a “detailed but not fully complete picture of the doping control process in Russia.” It's not fair to issue sanction based on incomplete evidence. That's obvious.

Moreover, to a significant extent, the evidence — all those documents and more — has yet to be tested in a formal legal setting and, crucially, subjected to cross-examination.

Without a full picture and without such a test, it goes to the core of fundamental notions of fairness and individual justice to impose blanket bans on individual athletes, particularly when the focus of Professor McLaren's two reports has been collective responsibility.

To be clear:

It may well be that the evidence turns out to be sufficient in most if not many cases to assign liability.

But that demands process, and even if process doesn’t make for screaming headlines it is essential.

In support of his prosecution-style brief, for example, Professor McLaren notes that his July report accounted for 312 positive initial screens reported negative into the WADA system; now he says the number is “more than 500.” Things just take time. A rush to judgment, as urged by many appalled or provoked by the news, is rarely constructive.

If the complaint from many in the west would be that the playing field wasn’t level because the Russians were cheating on a grand scale — OK, what about any notion of a level playing field within Russia itself? Were top-level Russian athletes knowingly part of this alleged conspiracy? Was there coercion, or worse, to get such athletes to take part? Any athletes? What about the medical or health impact on some if not all  the Russians (and others) who may have been involved? Where is the empathy from athletes in the west for their counterparts?

Hand in hand go concerns about Professor McLaren’s key witness, the former lab director Dr. Grigoriy Rodchenkov.

It would seem eminently appropriate, for instance, to condemn in the strongest terms possible the use of illicit substances on five blind powerlifters, a kind of weightlifting. As Dr. Rodchenkov wrote to Alexei Velikodny of Russia’s Sports Training Center, according to a story Monday from Associated Press, “It’s a disgrace,” adding that coaches were “picking on the blind (who) can’t even see what people are giving them.”

Yet this is the kind of thing that would lead the Paralympic organization to issue a blanket ban? When the poor lifters can’t even see the stuff? They’re the ones being punished? Where is the condemnation of that kind of thinking?

Or this:

That Monday AP story comes from a Russian-speaking correspondent. He writes, "Despite repeated cases involving GW1516, a substance not considered fit for human consumption because of repeated cancer cases in animal testing, none of the emails contain any suggestions of discouraging its use.”

Professor McLaren notes, page 47, “It is unknown whether athletes knowingly or unknowingly participated in the processes involved.”

Sally Jenkins of the Washington Post wrote in a column from last Friday, and this is dead-on, "It’s not that Russia federalized cheating to create an uneven playing field — lots of government-sponsored federations have systematically doped in Olympic history. It’s not even that some innocent athletes were deprived of medals they might otherwise have won. They aren’t the real victims. The ultimate victims are the Russian athletes who were forced by their government to ingest substances against their will and without informed consent or to leave their country or to submit to blackmail by strongmen. Those aren’t sporting violations. They are human rights violations."

Friday’s McLaren 2, meanwhile, says (pages 18 and 32) that 695 Russian athletes and 19 foreign athletes can be identified as part of the manipulations to conceal potentially positive tests. Stop — 19 foreign athletes? Just for starters: if the Russians were doping others — to what purpose? To help some other country win?

As for Dr. Rodchenkov:

Professor McLaren notes, page 63, that in 2011 Dr. Rodchenkov endured what in the report is called an “illness.” Russian media reports suggest it was much more, and that Dr. Rodchenkov’s mental state was at issue. If it was then — what about during the course of the alleged “conspiracy,” 2011 to 2015? And now?

On page 12, Professor McLaren avows that one of the reasons to believe Dr. Rodchenkov is telling the truth is “the possibility of deportation from the United States should he be shown to have been untruthful” in speaking with the professor.

You can make just the opposite argument. If Dr. Rodchenkov wants to stay in the United States, wouldn’t he be inclined to say anything to save his backside?

Further, about that deportation thing: it’s straightforward that it wouldn’t be sports authorities in the United States but, rather, the U.S. government that would take any such action. The government controls customs, entry and visa requirements.

Maybe it seems far-fetched that the U.S. government would somehow be involved in all this.

Then again,  consider — if you wrote a movie script about what Professor McLaren reported has happened in Russia, could you make even a prima facie case for a single reputable Hollywood studio to believe it was anything but straight-out fiction?

The 'Fancy Bear' bid to stir up chaos

Within hours after the release by Russian hackers of U.S. athletes’ doping results, Victor Conte, the Bay-Area based figure at the center of the BALCO scandal, a guy who knows what’s what when it comes to the doping scene, sent out a note Tuesday to a wide email circle. It said, in part, “This is gonna get ugly.” Gonna get ugly?! This is ugly from the get-go. And it’s likely to stay ugly for the foreseeable future.

This hack operates on a staggering number of levels. There are so many threads to pull: here, there, seemingly everywhere. The whole thing is designed not just to stir public opinion but to stir up nothing less than chaos in world sport and, perhaps, more — to agitate and antagonize governments in public as well as private diplomacy.

The basics:

Following World Anti-Doping Agency reports over the past several months that asserted widespread and state-sponsored doping in Russia, about a third of the Russian Olympic delegation, including virtually the entire track and field team, and the entire Russian Paralympic squad ended up banned from Rio 2016. The Paralympics are still ongoing.

On Tuesday, WADA confirmed that its database had been breached. At issue: confidential medical records of athletes who took part in last month’s Rio Olympics.

WADA further said that hackers gained access via an International Olympic Committee-created account.

The perpetrators, accordng to WADA: Fancy Bear, a Russian entity suspected as well of breaching the Democratic National Committee’s computers.

On Monday, Fancy Bear released information on four American athletes: the gymnast Simone Biles, basketball standout Elena Delle Donne and the tennis stars Serena and Venus Williams.

The documents show that each of the four had permission to take prescription drugs. In some cases, those drugs were used during the Games.

Some of the drugs contained banned substances.

But nobody is facing a doping case.

The reason: the anti-doping rules specifically say that there can be exceptions for certain medicines. Athletes can use a variety of stuff that might otherwise lead to a positive test if, one, they get a doctor’s note and, two, they file the appropriate paperwork.

That paperwork is called, in the jargon, a “therapeutic use exemption.”

To emphasize: there is no suggestion that any of the four have done anything wrong.

U.S. officials have linked Fancy Bear to GRU, the Russian military intelligence agency. For what it’s worth, the Russian government said Tuesday it had no connection to Fancy Bear.

This is the backdrop. From there, the super-obvious starting place:

Within Russia if not elsewhere, many will be tempted to draw the conclusion that the Americans, who won the Olympic medals count in Rio going away, are doping.

It is already widely believed that considerable numbers of U.S. athletes take advantage of TUE exemptions.

To stress: obtaining a TUE is within the rules.

It is also the case that, as in many things, perception is as important than reality, if not more so. Indeed, a Fancy Bear statement declares that U.S. athletes “got their licenses for doping.”

Next:

Tension is high between the IOC and WADA over the Russians. This is sure to add to that. To reiterate: the hack came through an IOC-created account. If you want to appreciate the delicious irony there, or maybe the hackers’ knowing instigation, go right ahead — a WADA hack through an IOC account. Who to blame, and for what?

There’s this:

Legally, do any of the four athletes, American citizens all, have recourse in the U.S. or Canadian court systems (WADA is based in Montreal) for money damages now that private medical records have been breached? Who is responsible for not safeguarding the sort of records that everyone knows — if you have ever been to even one American doctor’s office — is supposed to be private? For this sort of breach, what might be an appropriate remedy?

Then there another super-obvious follow-on:

Every single sports federation and national Olympic committee anywhere and everywhere in the world ought to be wondering: is my data safe?

Then there is the timing:

In mid-August, details emerged about the hack of Russian athlete and whistleblower Yulia Stepanova.

Next week WADA plans a post-Rio “think tank” to explore how it is the anti-doping campaign got into this crack, as well as others. Fancy Bear: “We will also disclose exclusive information about other national Olympic teams later.”

But, to start, there’s the central fact: these are Americans.

So why these four? Could it have anything to do with the fact that three are African-American while Delle Donne earlier this month disclosed she is gay and engaged to be married? Maybe these facts mean nothing. Or maybe it's naive to pretend otherwise.

Biles, moreover, carried the U.S. flag in the Rio Olympic closing ceremony.

The Williams sisters? When Maria Sharapova, the Russian tennis star, who carried the Russian flag into the London 2012 opening ceremony, is in the midst of a two-year ban for meldonium?

Sharapova’s appeal is due to be decided in early October. And WADA has walked back the rules in a number of other meldonium cases because of uncertainty over how long the stuff, which is made in Latvia and is designed to help patients with certain heart-related issues, stays in the body.

Biles acknowledged after the leak that she takes Ritalin or its equivalent for ADHD. It is "nothing to be ashamed of,” she said in a tweet.

https://twitter.com/Simone_Biles/status/775785767855611905

At the same time, it would be a huge surprise if hackers didn’t intend for a parallel to be drawn — and, importantly, distinctions, too — between her and U.S. sprinter Justin Gatlin.

Gatlin has — unfairly — been made into the poster guy for U.S. Olympic scene doping. Truth: he is far more a victim of circumstance.

So: Biles takes Ritalin (or, again, its equivalent). Gatlin took Adderall for ADD. It’s naive once more to pretend someone looking for connection would not see something there.

At the same time:

She gets nothing. He got a year. Why the difference? How can any sort of “fair” system allow such discrepancies? Returning to the Sharapova matter and meldonium: same question.

This is not just about American athletes, meanwhile. It’s about the U.S. Anti-Doping Agency, too.

USADA chief executive Tygart, who is a very smart guy, has arguably made himself over the course of this year into the loudest and longest voice for an outright Russian ban.

This would thus seem to be as much about an attempt to embarrass Tygart as it is the four athletes.

In a statement, Tygart said, “It’s unthinkable that in the Olympic movement, hackers would illegally obtain confidential medical information in an attempt to smear athletes to make it look as if they have done something wrong.”

Please. It’s not unthinkable. If revenge is a thing, it’s totally rational if not foreseeable.

Finally, this, and this is where you have to really wonder how this is going to end up.

If none of this had come to pass, if WADA had been left alone, WADA — this is the dead-bang truth — can help the Russians.

In the context of getting back onto the track, for instance: what do the Russians want if not need? Answer: to get complaint again with all the rules so that Russian athletes can compete normally.

For its part, WADA wants, maybe even needs, to get the Russians compliant. And as soon as possible.

The tough sell is getting the rest of the world to believe the Russians are compliant.

That just got a lot, lot tougher.