USADA

CAS: Could, should, even might have been asked

545303832.jpg

Three years ago, in the space of a week, 40 track and field athletes in Turkey were suspended for doping offenses. Each got a two-year ban. Of those 40, 31 came in a one-day chunk. Of those 31, 20 were 23 or younger.

Did track and field’s international governing body, the International Association of Athletics Federations, move to ban Turkey? No. Was what happened in 2013 within the current four-year Olympic cycle? Obviously. And yet — the IAAF is seeking now to effect a ban against Russia, and 68 track and field athletes, for the Rio Games? Logically: explain the difference, please.

If only.

At a hearing Tuesday, the Swiss-based Court of Arbitration for Sport — meeting behind closed doors — took up the matter of the Russian ban. An appeal, brought by the Russian Olympic Committee, challenges the IAAF action last November, upheld last month, that seeks to suspend the Russian track and field federation and those 68 athletes, including pole vault diva Yelena Isinbayeva, from the Games amid allegations of a state-sponsored doping conspiracy.

CAS intends to deliver a ruling Thursday. That decision is widely expected to help guide International Olympic Committee policy heading toward the Aug. 5 start of the Games.

Leaving the hearing, Isinbayeva told Russia 24, a state-owned news channel, that she was “optimistic.”

She should be.

A photo posted by Yelena (@isinbaevayelena) on

-- Yelena Isinbayeva on her Instagram account from Tuesday's CAS hearing in Switzerland --

The case pits the notion of collective responsibility against what is elemental in any system of justice, individual adjudication.

Because the CAS hearing was conducted in secrecy, nobody knows what was discussed, or what the three-member CAS panel might have asked.

Like the matter of the Turkish track and field bans three years ago, which assuredly provides an intriguing precedent, the only limit to what might have been asked is the imagination.

Here, then, are a variety of queries that might have been, should have been, maybe even were asked:

— The presumption of individual innocence is a bedrock principle in the law. Why should that presumption be stood on its head in this matter?

— In theory, this CAS case is limited to track and field. However, since any decision is likely to weigh significantly on any IOC action, please answer this fundamental inquiry: why, if a Russian track and field athlete might be banned, should a Russian synchronized swimmer or gymnast — with no record of doping, per the report advanced Monday by the respected Canadian law professor Richard McLaren — be similarly affected?

Doesn’t that underscore all the more the imperative for individualized justice?

— The IAAF task force that reported in June to the federation’s policy-making executive council asserted, at point 5.2: “A strong and effective anti-doping infrastructure capable of detecting and deterring doping has still not yet been created. Efforts to test athletes in Russia have continued to encounter serious obstacles and difficulties; RusAF appears incapable of enforcing all doping bans; and RUSADA is reportedly at least 18-24 months away from returning to full operational compliance with the World Anti-Doping Code.” RusAF is the Russian track and field federation, RUSADA the nation’s anti-doping agency.

These absolutely are serious allegations deserving of careful consideration. At the same time, these same allegations could be made of any of dozens of nations in our world. To name just a few of note in the track and field context: Kenya, Ethiopia, Jamaica. Why a ban aimed only at Russia?

In noting Russian sports minister Vitaly Mutko’s assertion that “clean Russian athletes should not be punished for the actions of others,” the IAAF task force responded, at point 6.1: “There can only be confidence that sport is reasonably clean in countries where there is an engrained and longstanding culture of zero tolerance for doping, and where the public and sports authorities have combined to build a strong anti-doping infrastructure that is effective in deterring and detecting cheats.”

Same question: why Russia only when reason and logic dictate a lack of confidence elsewhere in the world as well?

Jamaica, for instance, contributed only $4,638 toward WADA’s $26 million 2016 budget. Kenya and Ethiopia, $3,085 apiece. How do such contributions in any way suggest legitimacy in the campaign to ensure doping-free sport?

— From the same June IAAF task force report: "At a time when many athletes and members of the public are losing confidence in the effectiveness of the anti-doping movement, the IAAF must send a clear and unequivocal message that it is prepared to do absolutely everything necessary to protect the integrity of its sport ..."

Doesn't this sort of rhetoric merely confirm the theory, advanced by many, that the IAAF bid to ban the Russians is nothing but a play rooted in politics and, as well, public relations?

That the IAAF took the easy way out with the understanding that, per the checks and balances built into the international sport system, this court could then address the Russian grievance -- the IAAF knowing it could then proclaim it had been tough but got overruled by sport's judicial branch?

IAAF president Seb Coe, here at the European championships earlier this month, attended Monday's CAS hearing // Getty Images

-- In a bid to remediate the ban, the IAAF established this policy:

"If there are any individual athletes who can clearly and convincingly show that they are not tainted by the Russian system because they have been outside the country, and subject to other, effective anti-doping systems, including effective drug-testing, then they should be able to apply for permission to compete in International Competitions, not for Russia but as a neutral athlete."

Remediation is a basic principle of law. When such a policy permits one or perhaps two of 68 to qualify, how is this sort of remediation in any way reasonable or fair?

— Mr. McLaren's report, commissioned by the World Anti-Doping Agency, alleges state ties in the wide-scale doping of Russian athletes, and across various sports.

The report suggests that such evidence rises to the level of “proof beyond a reasonable doubt.” Has any of that evidence been tested in a formal tribunal, in particular by cross-examination? If not, isn’t any claim of “proof beyond a reasonable doubt” empty?

— Mr. McLaren’s report says that he would have offered more evidence but he ran out of time. Is it a coincidence, or something more, that Monday, July 18, was an IOC deadline for “entry by name” to the 2016 Games? Is that why Mr. McLaren’s report came out that morning?

More: if Mr. McLaren wanted or needed more time, why didn’t he just take it and provide a more thorough inquiry?

— Mr. McLaren’s report offers literally no proof that Mr. Mutko authorized any of the alleged misconduct it details. Without such evidence, how can a broad-based sanction stand?

— Switching to technical matters, first the Olympic Charter.

Rule 27.3: the national Olympic committees hold “the exclusive authority for the representation of their respective countries at the Olympic Games.” Again, “exclusive.” That means, in this instance, the Russian Olympic Comnittee.

On what legal grounds does the IAAF, an international federation, assert it has the right to interfere with such exclusivity?

Back up to Rule 26.1.5. The IFs, the Charter says, “assume the responsibility for the control and direction of their sports at the Olympic Games.” Nowhere does that rule provide an IF any say over entries.

But Bylaw 2.1 to Rules 27 and 28 does: the NOCs “decide upon the entry of athletes proposed by their respective national federations.”

More on the same point:

Rule 40 says a “competitor” must “respect and comply with the Olympic Charter and World Anti-Doping Code.” The Russians assert they have been submitting to regular testing over the past several months.

Bylaw 1 to that rule says each IF “establishes its sport’s rules for participation in the Olympic Games, including qualification criteria, in accordance with the Olympic Charter.” Again, not entry.

When the Charter seeks to use the word “entry,” it does so. Rule 44 declares, “Only NOCs recognized by the IOC may submit entries for competitors in the Olympic Games.” Not an IF. And no note here about IF review of any entries.

Bylaw 4 to Rule 44:

“As a condition precedent to participation in the Olympic Games, every competitor shall comply with all the provisions of the Olympic Charter and the rules of the IF governing his sport. The NOC which enters the competitor is responsible for ensuring that such competitor is fully aware of and complies with the Olympic Charter and the World Anti-Doping Code.”

Rule 46 details the 'role of the IFs in relation to the Olympic Games." Bylaw 1.7:

“To enforce, under the authority of the IOC and the NOCs, the IOC’s rules in regard to the participation of competitors in the Olympic Games.”

To emphasize: doesn’t that plainly relegate an IF such as the IAAF to the secondary role of “enforcing” participation “under the authority” of the IOC and, in this instance, the Russian Olympic Committee?

— The World Anti-Doping Code, in Article 10, explicitly envisions sanction only when an individual athlete is tied to specific misconduct. How to jibe a broad ban with the Code?

— The Code, Article 11: “In sports which are not Team Sports but where awards are given to teams, Disqualification of other disciplinary action against the team when one or more team members have committed an anti-doping rule violation shall be as provided in the applicable rules of the International Federation.” How can the IAAF apply a broad ban to an entire “delegation” when the rules specifically call for sanction against a “team” such as a 4x100 relay?

— Again from Article 11: consequences against teams are premised on an “Event” or “Event Period’ such as the period of an Olympic Games. There is no “Event” here. How can a broad sanction against the entire Russian delegation, not a team, stand?

— The U.S. Anti-Doping Agency’s charge was, essentially, to be a contractor. When, exactly, did USADA — which has been lobbying furiously in the Russian matter — become a self-proclaimed Olympic movement “stakeholder”? And is that appropriate?

— Like USADA, the IAAF has said it broadly seeks to promote — to take from an IAAF news release — “clean athletes and sport justice.” Is it really here to protect “clean athletes”? Or to protect just the ones it wants to protect?

— Outside each and every U.S. Post Office flies an American flag. The U.S. Postal Service served for years as the primary sponsor of Lance Armstrong’s team during the Tour de France. USADA’s “Reasoned Decision” calls the Armstrong matter “a massive doping scheme, more extensive than any previously revealed in sports history.” What is the distinction between, on the one hand, sponsorship by an independent agency of the U.S. government and, on the other, what is alleged to have happened in Russia?

Cycling’s worldwide governing body, the UCI, did not move to ban the entire American cycling team. Yet the IAAF is seeking to ban the Russians.

Really?

#Followthesun, and other hot (maybe) takes

IMG_4799__1455684614_72.219.157.156.jpg

-- In advance of the publication in the coming days of highly technical planning details, it’s far-more-interesting logo-unveil time in the 2024 Summer Olympic bid game. Paris, for instance, came out a few days ago with a stylized Eiffel Tower. On Tuesday,  Los Angeles unveiled its logo and the tagline, “Follow the sun.” Reaction: let’s be honest here and admit that logos and slogans rarely play a huge role come voting time, with the exception perhaps of the incredibly on-point Pyeongchang 2018 tag, “New Horizons.”

The LA24 logo

The Paris logo

Mayor Eric Garcetti, left, with swim star Janet Evans and others applauding for LA24 bid leader Casey Wasserman

Following the sun: the wow factor from the 30th floor, looking west

At issue in this 2024 campaign is nothing less the fundamental direction of the Olympic movement: whether the International Olympic Committee is prepared to take LA mayor Eric Garcetti and bid leader Casey Wasserman up on what they said Tuesday to a fired-up crowd on the 30th floor of a downtown skyscraper, the sun setting gloriously to the west. The mayor: “Imagination is critical because it leads to hope. Hope leads to dreams. Dreams lead to innovation. That is the story of our city.” Wasserman said a "sense of relentless reinvention and new beginnings” anchor “LA2024’s distinctive value proposition for the good of the Games and the Olympic movement,” a bid with 97 percent of the venues already in place or planned (canoe slalom still to be figured out).

Let’s be honest some more, because at some point there has to be plain talk about this campaign, and it ought to start now, even though the vote isn’t until 2017 and lots can, and will happen. Right now, Europe — pretty much all of it — is a big question mark. As former U.S. treasury secretary Lawrence Summers wrote in Tuesday’s Washington Post, “These are difficult times in Europe with the refugee crisis, economic weakness, security issues and the rise of populist movements.” There’s LA, and then there’s Paris, Rome and Budapest. This campaign will doubtlessly feature any number of references to Paris mounting a fourth bid. At the same time, it needs to be understood that the LA effort is not just an LA, or SoCal, thing; it is America’s third bid, after New York in 2005 for 2012, Chicago in 2009 for 2016.

Straight talk, continued: logic and common sense say the IOC can hardly run the risk of turning down the three biggest cities in the United States in succession. (Of course, it can do so, and an IOC election can typically prove volatile.) But if LA does not win for 2024, it would be exceptionally problematic — and that is putting it gently — for LA to come back for 2028, or to see any other American city step up. It takes millions of dollars to run a bid, and in the United States that money has to be privately raised. The money is here and now for LA24. Imagine a 2024 loss — and then Wasserman going back to all those he hit up for $1 million apiece and saying, looking at 2028, something like, oh, well, now the IOC is going to treat us fairly. Not going to happen. The time is now.

-- IOC president Thomas Bach was in LA earlier this month, making the rounds after prior visits to Paris, Rome and Budapest, the other cities in the 2024 race. Bach then went up to Silicon Valley for talks.

Reaction: so curious that the far more important purpose of Bach’s California trip, the excursion to Silicon Valley, drew  minimal press attention. He met with representatives of Visa, Facebook, Twitter and Google, among others. The IOC needs big-time help in reaching out to young people; it is focused in particular on the launch of the Olympic Channel. If you’re an IOC member, looking at that line-up in California, and there’s a California bid, doesn’t that too comport with logic and common sense?

IOC president Thomas Bach, center, at Google HQ // photo IOC

-- One more LA note. The U.S. Olympic Trials for the marathon went down Saturday on a course that wound around downtown and the University of Southern California campus. Galen Rupp won on the men’s side. Many in the running press (there is such a thing) immediately pointed to the possibility of Rupp, silver medalist in the 10k in London in 2012, running both the 10k and the marathon in Rio.

Reaction: let’s wait to see what the U.S. Anti-Doping Agency has to say in the coming months, if anything, about Rupp and his coach, Alberto Salazar. As Kara Goucher, the women’s fourth-place finisher, said after the race, "Justice is coming."

Kara Goucher near the finish of Saturday's U.S. marathon Trials // Getty Images

-- Speaking of the IOC’s purported youth outreach: the Winter Youth Olympic Games in Lillehammer are on.

Reaction: did you notice? Did anyone — like, any teens or 20-somethings? The very best part about the YOG experiment is the Young Reporters program, which has produced a number of promising young stars. There’s also an argument that the Youth Games serve as a petri dish of sorts, allowing the IOC and, perhaps more important, the international sports federations to check out without real peril events such as skateboarding (Nanjing YOG, 2014) and, now in Lillehammer, parkour. Fine. But that’s not the point of YOG, expressed by former IOC president Jacques Rogge in launching it. It’s to connect meaningfully with young people. How’s that going?

-- Speaking of a way that actually works in reaching young people: kudos to organizers, and especially the U.S. Ski and Snowboard Assn., for the Big Air event a few days ago at Boston's Fenway Park. It featured jumps and tricks off a 140-foot ramp set up on the field at the iconic baseball stadium.

Reaction: terrific idea, terrific execution. Great stuff, especially on TV.

Women's winner Julia Marino, 18, of Westport, Conn., during the Big Air event at Fenway Park // Getty Images

-- USA Swimming announces a contract extension, through the end of 2020, for executive director Chuck Wielgus.

Chuck Wielgus // photo USA Swimming

Reaction: USA Swimming is one of a handful of well-run national governing bodies, and that is in significant measure due to Wielgus, who is a fundamentally decent human being. Anyone who knows USA Swimming knows Wielgus has wrestled for years now with cancer; he deserves widespread admiration and respect for the soft-spoken courage he has repeatedly shown in public in dealing with significant medical issues. Switching gears: the well-publicized challenges sparked by sexual abuse of young swimmers are not — repeat, not — Chuck Wielgus’ fault. Six years ago, in particular in regard to the comments he made on an ABC 20/20 investigation, was Wielgus at his best when he said he didn’t feel the need to apologize? No. Does an 18-year tenure deserve to be judged by one moment? No. And, now, USA Swimming is way ahead of the curve with its SafeSport program. If you want to criticize Wielgus, he deserves credit, too, for realizing, perhaps belatedly, what was wrong and helping to craft an industry-standard response. What should be Wielgus’ next goal: effecting fundamental change in the USA Swimming governance structure. Simply, the board of directors has too many people; it’s too big and unwieldy. Better for USA Swimming to do what it does best, and be a leader in the field, meaning slim down the board, before something happens — whatever that might be — to compel change under pressure.

-- Michael Phelps shows up in a swim brief and has fun with the Arizona State basketball-game "Curtain of Distraction."

Phelps doing his thing at the ASU basketball game // screenshot Pac-12 network

Reaction: you can just tell the guy is happy. Which means: watch out, world. Prediction, absent a huge surprise at the U.S. Trials: five Rio gold medals (200 IM, 200 butterfly, 100 fly, 800 relay, medley relay), and that is no knock on his friend and rival, Ryan Lochte. As long as Lochte continues to pursue the 200 backstroke — at the Olympics, the 200 back final goes down before the 200 IM final on the same night — it’s a lot to ask, particularly of the legs, to go for gold in the 200 IM, too. As for the butterfly events, Chad le Clos of South Africa is a major talent. But in saying last summer after winning the 100 fly at the world championships (Phelps did not swim at the 2015 worlds) that Phelps could “keep quiet now,” le Clos awoke the tiger, and probably foolishly. Phelps has always done best when someone goes and trash talks — ask, in sequence, Ian Thorpe, Ian Crocker and, of course, Milorad Cavic. The x factor for Phelps in Rio: the 400 free relay, one of the signature moments at the Beijing 2008 Games, when Jason Lezak turned in an otherworldly last leg to beat Alain Bernard and the French. For the past couple years, the French have been the world’s best in that event, and it’s not clear, at least yet, that even with Phelps the U.S. has what it takes.

-- The Zika virus takes over the Olympic news cycle, and U.S. soccer women’s national team goalie Hope Solo, among others, expresses concern about being part of it all in Rio.

Prediction: Solo goes to Rio.

-- Two former officials with the Russian anti-doping agency, which goes by the acronym RUSADA, die within two weeks. Founding chairman Vyacheslav Sinev, who left RUSADA in 2010, died Feb. 3. Then this past Sunday, Feb. 14, the former RUSADA executive director Nikita Kamaev, died, just 52, of a “massive heart attack,” the agency said. Kamaev had resigned just two months ago, amid the doping scandal that sparked suspension of the Russian track and field program. That scandal is tied, in part, to a November report from a World Anti-Doping Agency commission that suggested state-sponsored doping. On Feb. 11, three days before Kamaev’s death, the Russian prosecutor-general’s office (predictably) rejected the WADA commission report, saying it held no concrete facts proving state-sponsored doping.

Reaction: it's like a Russian novel, full of twists and turns and who knows what. For that matter: who knows, really, what is believed to be real in Russia, and what is not? This prediction, though: like Hope Solo, the Russian track and field team will be in Rio. The IOC is super-big on a concept called “universality,” which means everyone in the entire world coming together. It’s actually a fundamental rationale for the Games. Given that, how possibly can officials — in particular track and field’s international governing body, the IAAF, or more, the IOC — keep the Russian track and field team away? Also: who really wants to challenge Vladimir Putin, given the potential for many uncertain ramifications?

-- U.S. Supreme Court Justice Antonin Scalia dies over the weekend at a ranch in Texas.

Former U.S. Supreme Court Justice Antonin Scalia // Getty Images

Chuck Blazer, once a senior soccer executive // Getty Images

U.S. Attorney General Loretta Lynch on the FIFA matter last December in Washington // Getty Images

Reaction: what might that have to do with sports? Turn to a case called Crawford vs. Washington, decided in 2004. The 6th Amendment to the U.S. Constitution says that in a criminal case, the defendant “shall enjoy the right … to be confronted with the witnesses against him.” What does that mean when someone makes a “testimonial” statement out-of-court but doesn’t (that is, can’t, for instance because of illness, or won’t, because of the assertion of privilege) testify in court itself? Writing for a unanimous 9-0 court, Scalia said the “testimonial” statement can’t be admitted as evidence — unless the defendant had a prior opportunity to cross-examine the person who made that statement.

So, again: sports? The U.S. Department of Justice inquiry into corruption at FIFA centers on Chuck Blazer, the American who was formerly a high-ranking soccer-world executive. Blazer reportedly has been ill for years with colon cancer. What if he dies before any trial? Would anything he had to say be admissible? For that matter, U.S. Attorney General Loretta Lynch has already been prominently mentioned as a potential Scalia replacement. Would the Justice Department be so interested in aggressively pursuing soccer stuff if someone else took over?

Who knew what, when? And what is to be done?

GettyImages-496393314.jpg

The World Anti-Doping Agency-commissioned report that shines a long-overdue spotlight on Russian doping in track and field begs a question in Russian history. As Lenin himself wrote in the famous pamphlet published in 1902: what is to be done? At the same time, and though the report, released Monday, has little to nothing to do with the United States, a bit of political history from the American archives is worth noting, too. From the Watergate years: who knew what, and when?

Make no mistake.

On the surface, this report is about track and field.

Not really.

This is about the intersection of sport and politics, indeed domestic and geopolitics at its highest, most complex, indeed most nuanced levels. Its roots are in the way countries can, and do, lean on sports to advance nationalistic agendas of all sorts.

The WADA-appointed three-member Independent Commission upon the release of the report Monday in Geneva: Canadian lawyer and professor Richard McLaren, former WADA president Richard Pound and German law enforcement official Guenter Younger // photo Getty Images

The report is lengthy, more than 300 pages.

Much like the U.S. Anti-Doping Agency’s “Reasoned Decision” in the Lance Armstrong matter, made public in 2012, and for the same reason, it reads like a John le Carré spy novel.

That reason: it’s designed not just for insiders but for everyone.

The report is rich with Olympics 101, spelling out the acronym- and influence-rich scene, explaining who is who and what is what — for instance, on page 88, the helpful note that “stacking” means mixing oral steroids with injectable drugs.

In sum, this is what the report says:

— Corrupt state-funded agencies helped Russian athletes to dope and evade detection. These include the Russian athletics federation, which goes by the initials ARAF; the WADA-accredited testing laboratory in Moscow; and RUSADA, the Russian anti-doping agency.

— The successor to the KGB secret service, the FSB intelligence agency, oversaw the lab and embedded spies at the 2014 Sochi Games, according to witnesses.

— The Russian sports ministry exerted influence on the Moscow lab, issuing orders for athletes’ samples to be manipulated. There was a second, secret lab in Moscow; there, samples — blood and urine — would be pre-screened to identify clear ones for the WADA process.

— Finally, athletes would also get false identities to travel abroad to evade possible testing.

The first question in wondering what is to be done is to ask: if the scale of Russian doping was this monumental, evoking comparisons to the notorious East German regime in the 1970s, how did it take until now to get uncovered?

Answer:

It’s not as if certain people didn’t at the least have strong suspicions. They just couldn’t prove anything.

You don’t just stroll into Russia and go, hey, I have some questions for you — buy you a coffee and we’ll chat?

The report makes manifestly plain the lengths to which athletes, coaches, trainers and more sought to evade the providing of answers.

Further, the international sports movement moves in English. Russia does not.

Beyond that, to secure proof you need either cooperation or, to use a word, leverage. That leverage usually means action from the public authorities, police and prosecutors, who can demand answers at the risk of jail time or financial ruin.

This is what’s happening in France, where Interpol, the international police agency, is based, and where Part II of all of this is due to drop later this year. Last week, the French authorities said they had put under criminal investigation Lamine Diack of Senegal, the former president of track’s international governing body, the IAAF, on suspicion of corruption and money laundering. At issue are allegations Diack accepted more than $1 million in bribes to allow at least six Russian athletes to compete, including at the London 2012 Olympics.

Also under investigation are Diack’s legal adviser, Habib Cisse, and the former head of the IAAF anti-doping department, Gabriel Dollé.

Sports agencies do not wield subpoena power. And those who seek to enforce the rules of fair play have not always found easy sledding.

WADA is now 16 years old. As Monday’s report notes, “WADA continues to face a recalcitrant attitude on the part of many stakeholders that it is merely a service provider and not a regulator.”

The report actually underscores a fundamental flaw in the way, big picture, international sports work. There typically is no check-and-balance within the system.

The only reliable check is good journalism, and kudos here to Hajo Seppelt and the team from the German broadcaster ARD for the documentary last year that led to the WADA-appointed commission, and this report.

Reality: far too often, Olympic and international sports officials treat journalists with that pair of favorites, skepticism and derision. This week’s international federations forum at the IOC base in Lausanne, Switzerland — closed to the press.

Why?

Maybe because far too many are afraid of — the truth? And having it reported?

Earlier this year, Marius Vizer, the president of the International Judo Federation and at the time of SportAccord, said at the SportAccord convention, referring to Diack, “I dedicate and I sacrifice my family for sport, I mean sacrifice in a way of dedication, and in my eyes [Diack is] a person who sacrifices sport for his family."

Quickly, many others in the so-called Olympic family turned on Vizer. He lost the SportAccord job.

Time has now seemingly proven him right. So why were so many in senior positions so uneasy at hearing what Vizer had to say? Why was he so ostracized?

And what else -- beyond FIFA -- might be out there?

At any rate, and moving on to the rocks-and-glass houses department for those who think doping in sports is a Russia-only problem:

Cheating is never going to go away. There will always be doping. That's human nature.

From the WADA-appointed report: “… in  its considered view, Russia is not the only country, nor athletics the only sport, facing the problem of orchestrated doping in sport."

Just consider what the United States has been through in recent years: Marion Jones and BALCO, MLB’s steroid problem, Armstrong.

Here, though, is the key difference:

There is no federal sports ministry in the United States.

Dick Pound, the longtime Canadian IOC member and former WADA boss who headed the commission that produced Monday’s report, called what happened with regard to Russian track and field “state-supported.”

He said, “I don’t think there's any other possible conclusion. It may be a residue of the old Soviet Union system."

The report: “While written evidence of governmental involvement has not been produced, it would be naive in the extreme to conclude that activities on the scale discovered could have occurred without the explicit or tacit approval of Russian governmental authorities.”

This is where things get really interesting.

In the Olympic sphere, Russia is arguably the most important country in the world.

The short list why:

The $51 billion that went toward the 2014 Sochi Games. Hosting of the 2013 world track and field championships in Moscow, and the 2015 world swim championships in Kazan. The 2018 World Cup. The 2015 SportAccord convention, back in Sochi. And more.

Dmitry Medvedev, right, now the Russian prime minister, and sports minister Vitaly Mutko at the 2015 world swim championships in Kazan // Getty Images

Without question, the Russian president, Vladimir Putin, is one of the top five most influential personalities in world sport.

That short list:

Thomas Bach, the IOC president; Putin; the FIFA president, whoever that might be; Sheikh Ahmad al-Fahad al-Sabah, president of the Assn. of National Olympic Committees and a member of the FIFA executive committee; and Sebastian Coe, the recently elected head of the IAAF.

Why Putin?

When Bach was elected IOC president, in September 2013, it’s wise to remember, the very first phone call he took was from Putin.

The chairman of the 2022 IOC Winter Games evaluation commission? Alexander Zhukov, the head of the Russian Olympic committee.

There can be zero question that, as in the Cold War days, Putin is using sport — and its prestige — to advance his reputation and his nation’s standing, both domestically and geopolitically.

Either that, or you think that hosting the Winter Games, the swim and track championships and the World Cup are all just because Russia and Putin are just good sports.

So, mindful that the FSB was in on the deal, and that control in state-directed Russia can be everything, how far up the chain did the activities detailed in Monday’s report go?

Is it believable that Vitaly Mutko, the sports minister, really didn’t know?

Mutko reports to Putin. Really, neither knew?

Referring to Mutko, Pound said Monday he believes it was “not possible for him to be unaware of it.” And if he was aware, “he was complicit in it.”

Consider:

After the 2010 Vancouver Games, where Russian athletes won only three gold medals, the-then Russian president, Dmitry Medvedev, made a point of declaring that a raft of sports ministry officials ought to hand in their resignations, or be fired. The resignations ensued.

Medvedev, who segued back to prime minister after Putin took over the presidency again in 2012, also observed that Russia "has lost the old Soviet school ... and we haven't created our own school -- despite the fact that the amount of money that is invested in sport is unprecedentedly high."

Mutko, who has been an ally of Putin’s for years, survived.

The Russians then won the medals count in Sochi, with 33, and the most golds, 13.

A reasonable question: how did that happen?

Pound on Monday: “I don’t think we can be confident there was no manipulation” of doping tests at the 2014 Winter Games.

Monday’s report says the 2012 London Games were “in a sense, sabotaged” because athletes ran who shouldn’t have, because they were dirty. The report targets five Russian runners for lifetime bans. Among them: the London 2012 800 gold and bronze winners, Mariya Savinova-Farnosova and Ekaterina Poistogova.

They got to compete, the report said, because of the “collapse of the anti-doping system,” blaming RUSADA, ARAF and, lastly, the IAAF.

The report recommends that Russia be suspended until there is compliance with the World Anti-Doping Code.

Travis Tygart, the head of USADA, went hard Monday, saying in a statement that the “evidence released today demonstrates a shocking level of corruption,” adding, “If Russia has created an organized scheme of state-supported doping, then they have no business being allowed to compete on the world stage.”

Late in the day, Mutko's sports ministry put out a statement that said, "We are not surprised by most of the points in the report." It declared "we have undertaken measures to remedy the situation, including the appointment of a new ARAF president and head coach. It then turned on the IAAF, saying the ministry "is waiting for such measures from IAAF, where the new president also has zero-tolerance for doping."

Coe took over for Diack in August. On Monday, the IAAF issued a statement saying it would consider appropriate sanctions; such measures could mean no Russian track and field athletes at next year’s Rio Olympics; the Russians have until the end of the week to respond.

“The allegations are alarming,” Coe said. “These are dark days.”

Perhaps, then, that is what is to be done: no Russians in track and field in Rio.

Russian president Vladimir Putin, left, listens in as Russian pole vault champion and Sochi 2014 Olympic village mayor Yelena Isinbayeva, center, whispers during a visit to the Olympic village at the 2014 Sochi Games // Getty Images

Consider: Yelena Isinbayeva, the pole-vault diva and two-time (2004, 2008) gold medalist, the IOC Youth Olympic Games ambassador and Sochi Games Olympic Village mayor herself, would not get one more chance for gold.

Or perhaps Mr. Putin might not like that idea of no Russians in Rio, might not like at all the notion that Isinbayeva, a favorite, might not get the chance for a third Olympic gold.

And where would that lead?

What will be done? Who knows? Who thinks that sports and politics are, truly, separate?

We are living, in real time, in history.

Justin Gatlin, and a run for redemption

GettyImages-479099694.jpg

When Justin Gatlin first got the news — this was nine years ago — that he had tested positive for the banned substance testosterone, he literally fell out of the truck he was driving.

“While we were on the phone,” his mother, Jeanette, would later testify, “all I could hear was him screaming and screaming on the other end, and how, no, no, no, no, I’m dead, I’m dead. And we were afraid that he was going to do something to himself. He was in North Carolina, and we were in Florida. You know, to — you can’t get there. You can’t keep him safe from doing whatever. He was just — he was — he was — he was screaming. He was screaming and yelling, and he was driving, and he was in his truck, and he fell out. He stopped, and he fell out, and he fell apart. He just kept on saying, ‘I’m dead, I’m dead, I’m dead. It’s over, it’s over, it’s — I’m dead, Mommy, I’m dead.’ ”

Justin Gatlin is assuredly not dead, and his track and field career is now the farthest thing from over. For the past two-plus years, Gatlin has been the best sprinter on Planet Earth, the fastest guy anywhere anytime. Many experts expect him not only to challenge but to defeat Usain Bolt in the 100 meters at the world championships, which begin this weekend at the Bird’s Nest in Beijing. And maybe the 200, too.

Justin Gatlin in June at Hayward Field in Eugene, Oregon, after running 19.57 to win the 200 at the U.S. nationals // Getty Images

"That's what everyone is waiting to see," Maurice Greene, the Sydney 2000 100 gold medalist, said Friday.

Here in Beijing as a television commentator, Greene added, referring to Bolt, "How prepared is he? Because you know Justin is prepared."

That 2006 test was Gatlin’s second go-around with the doping authorities; he would end up being banned for four years. The first test came in 2001. Because the facts and circumstances of both tests have been not just under-reported but thoroughly misunderstood, Gatlin has become to many with an interest in track and field something like Public Enemy No. 1 — particularly when compared, as he often is, to the larger-than-life Bolt.

The British press in particular has been given to depicting the races here in Beijing as a clash of "good versus evil."

In March, the Telegraph, one of Britain’s leading dailies, called Bolt a “superhero.”  A few days ago, the same newspaper included Gatlin on a list of what it called “the most hated sportsmen in the world,” a “sport-by-sport breakdown of the most loathsome individuals.”

 At a news conference Thursday, Bolt was asked if he was the "savior" of track and field. He said, speaking generally, not referring to Gatlin, “People are saying I need to win for the sport. But there’s a lot of other athletes out there running clean, and who have run clean throughout their whole careers. I can’t do it by myself. It’s a responsibility of all the athletes to take it upon themselves to save the sport and go forwards without drug cheats."

Usain Bolt at Thursday's news conference // Getty Images

The curious thing is that Justin Gatlin is the farthest thing from loathsome. As Greene said, referring to both Bolt and Gatlin, "Take out everything that has to do with sports. They’re both good guys." David Oliver, the U.S. 110-meter hurdles standout, said about Gatlin, "I'm rooting for him and I hope he does well."

Gatlin comes from a strong family. His father, Willie, served with distinction for more than 20 years in the U.S. military, a Vietnam veteran, and the son wears the red, white and blue national uniform with pride. Justin Gatlin is great with kids and with track and field fans. When he got tagged in 2006, his first instinct was to cooperate with the federal government in its BALCO investigation, which he did extensively. Since coming back to the sport five years ago, he has not tested positive, and be assured that he is a marked man.

The question now is, if you allow for the very real possibility that Justin Gatlin is indeed running clean, can he run this week in Beijing for redemption?

All things are possible in sports, and particularly track and field, which for years has been bedeviled by doping. But what if -- what if -- Gatlin is, despite all the well-earned skepticism about the sport, running clean?

In his sworn testimony, Gatlin himself said, “I believe in my talent to the fullest. And I think God is trying to be, my way of showing everyone that I can do this, I can run great times without even trying to use performance-enhancing drugs.”

In an interview, he said, “I think that for so long I have shut down because of being beat upon by the media, [believing] if I say less it will go away. I’m wrong.

“At this point in time, I am trying to open up more, speak more and take it in. I am a cool guy, a nice guy. I am not trying to short-change anybody taking anything away from anyone. I welcome competition. If I get beat, I say, ‘That was a good beating.’ If I win, ‘I say that’s a good win.’ ''

The many critics of track’s doping rules say, often citing Gatlin, that two strikes should mean a lifetime doping ban. But the rules say, unequivocally, that Gatlin is allowed to run.

It's not difficult to understand why the concept of a lifetime ban might seem so appealing to so many. But theory is not real life. And it is the case that when applied to life as it is — how Justin Gatlin came to test twice — a lifetime ban would be cruelly unfair.

Those plain facts are publicly available, and sketched out in great detail, including sworn testimony in extensive transcripts from a 2007 arbitration sparked by Gatlin’s 2006 test. These documents inhabit a federal court file in Pensacola, Florida. They make it clear that:

— Gatlin’s first flunked test, in 2001, was for medication he had been taking for attention deficit disorder, a condition he had wrestled with since he was a young boy. Gatlin, at the time still a teen-ager, tried to follow the rules. Nonetheless, he came up positive.

— The second test, at the Kansas Relays in 2006, has long sparked controversy because of the assertion in Gatlin’s camp that a masseuse rubbed steroid-laced cream on Gatlin, sparking the doping positive. A reading of the record strongly suggests that story came from Gatlin’s former coach, Trevor Graham, whose credibility — amid his extensive involvement in the BALCO scandal — has to be viewed with extreme suspicion. A more likely, if unproven, explanation is that the positive test resulted from a shot or a pill described at length in the testimony.

“At the end of the day,” Gatlin said in an interview at his training base in Clermont, Florida, near Orlando, “the irony of the situation is I really do want the sport to be in a better place outside of everything that has gone on in my life.

“I look at the young guys and say, ‘I don’t want you to go through what I went through because you run fast, or run faster.’

“I want people to say he is making a difference in his sport — moving the sport along.”

Justin Gatlin has run fast for a very long time. In high school in Florida, he was a state champion sprinter. That earned him a scholarship to the University of Tennessee. There he was a multiple NCAA champion.

At the 2001 junior nationals, when he was 19, Gatlin tested positive for trace amounts of amphetamine.

The substance at issue was Adderall, a prescription medication. At age 9, in fourth grade, he was diagnosed with attention deficit disorder. His class had been assigned a test; Justin turned in a paper that contained a picture of a bird he had drawn instead -- the bird, on a window ledge, had captured his entire focus. A teacher suggested to his parents that Justin ought “to be evaluated.”

At UT, Gatlin was taking two summer school classes he needed to stay eligible: English 101 and Music History 350. In both classes, he had midterms the week of June 11, 2001, just before the junior nationals.

Gatlin took his Adderall to help him stay focused while studying for his midterms. He stopped taking it three days before running — why three days, exactly, instead of four or five or two or whatever, remains unclear. In the sample Gatlin gave on June 16, 2001, authorities detected trace amounts of amphetamine. A sample he gave the next day, June 17, contained even smaller amounts, consistent with Gatlin having stopped taking the Adderall on or before June 13.

The authorities and Gatlin would enter in a stipulated — meaning, mutually agreed — series of facts surrounding that test. These included:

“The course of action followed by most athletes with ADD is simply to discontinue their medication in advance of a competition. USADA,” the U.S. Anti-Doping Agency, “advised athletes after consultation with their physicians to discontinue using the ADD medication prior to competition in order for the medication to clear their system.”

And:

“Mr. Gatlin neither cheated nor intended to cheat. He did not intend to enhance his performance nor, given his medical condition, did his medication in fact enhance his performance.”

The rule in doping matters is that an athlete is strictly liable for what is in his or her system.

The standard ban in those years for a first doping offense was two years.

An arbitration panel that reviewed the matter would observe:

“While Mr. Gatlin may have violated the IAAF anti-doping rules in that he did not first seek an exemption from the IAAF for his medication before he competed, he certainly is not a doper. This Panel would characterize Mr. Gatlin’s inadvertent violation of the IAAF’s rules based on uncontested facts as, at most, a ‘technical’ or ‘paperwork’ violation.”

Gatlin got two years. He then petitioned the IAAF for a reduction, citing “exceptional circumstances.” Granted. He served a provisional suspension of almost one year.

Gatlin left UT in 2002 and turned pro. He started training in Raleigh, North Carolina, with Graham’s Sprint Capitol group.

At the 2003 world indoor championships in Birmingham, England, Gatlin won the 60-meter dash.

At the 2004 Athens Olympics, Gatlin won the 100, in 9.85 seconds. He took third in the 200, in 20.03. He also earned a silver as part of the U.S. 4x100 relay team.

At the 2005 world championships in Helsinki, Gatlin won both the 100 and 200.

When Gatlin first connected with Graham, Gatlin’s parents were acutely concerned that Graham not only train Gatlin but, more broadly, look after their son.

“And all that was said at that time was, are you sure nothing is going to happen to Justin?” his mother would testify, recalling their first conversations with Graham.

“Are you going to make sure that he doesn’t get involved in all this other stuff,” meaning doping, “that, you know, my husband was reading about on the Internet, and I was reading about on the Internet.

“And he,” meaning Graham, “said, ‘Absolutely. That has nothing to do with us, my camp, and the way I train my athletes.”

Gatlin training under current coach Dennis Mitchell in Clermont, Florida

On April Fools’ Day 2004, a prank circulated on the web that Gatlin had tested positive.

“And actually, I was at the dentist’s office,” Jeanette Gatlin testified. “Justin was home. He had not really just located — I mean, he was home for visiting — and, anyway, my husband ran across this article on the Internet saying that Justin Gatlin had tested positive. And he called me at the dentist’s office, I went running home and he — should I say it all?”

“Go ahead,” the lawyer questioning her said.

“He was packing his gun.”

“And where was he headed?”

“He was headed to kill Trevor Graham.”

“And why was [that]?’

“Because it said Justin had tested positive, and Trevor had promised that there would be nothing like that going on in his camp. He was going to take care of Justin. And he knew, he knew that [Justin] already had that other offense hanging over him.”

“I trust you stopped him?”

“We stopped him, because … I’m saying — I’m saying, how can you go kill this man? I mean, you are going to — anyway, my husband is crying. Tears are coming out of his eyes. He’s crying. He’s ready to kill Trevor. And then Justin goes on the Internet, and he sits there, and he looks at it, and he says, Dad, Dad, Dad, Dad, read the bottom of it. Read the bottom of it. And the bottom of it said, April Fool’s.”

“Do you know who posted that?”

“I have no idea but we were very angry about it. And my husband was saying that — you know, they can’t be playing jokes like this with people’s lives. and then all of a sudden, somebody else may read it and believe it without going through it, like he didn’t go through it. And we never did find out who posted it …”

Track and field has a distinct rhythm to the outdoor season. Athletes build toward summer, which three years out of four brings either a world championships or Summer Games.

The Kansas Relays is an early-season fixture on the circuit, a three-day meet held every almost year (since 1923) in April.

On April 22, 2006, Gatlin ran in the 4x100 relay at those Kansas Relays with his Sprint Capitol teammates. They won, in 38.16.

On July 29, Gatlin announced to the press that he had tested positive for testosterone at the Kansas Relays.

Two mysteries relating to the 2006 test have long endured.

The first is what authorities thought they would find — that is, why bother to test — at such an early-season affair.

The second is why it took so long — three months, April to July — for the test from those Kansas Relays to become what’s called, in the vernacular, an “adverse analytical finding,” or a doping positive.

The court files explain.

From May 2004 through October 2006, Paul Scott supervised the reporting of athlete urine samples at the WADA-accredited UCLA laboratory. In that capacity, he supervised the reporting of Gatlin’s Kansas Relays sample. He would provide an April 7, 2008, sworn affidavit relating what happened:

Though the sample was provided April 22, 2006, it wasn’t until June 15 that the lab itself reported an adverse analytical finding. This nearly two-month delay was, as Scott would say, “not common practice.”

The reason for the delay?

Gatlin’s sample initially produced a negative result — meaning he apparently was clear — under what’s called the T/E ratio test, the standard test used both in- and out-of-competition to screen for testosterone. Indeed, Scott said, Gatlin’s sample was originally reported to USADA as a negative.

About one month later, USADA got in touch and requested that the lab perform what’s called a “longitudinal analysis” because, Scott said, because “they had reason to believe that the athlete was using testosterone,” adding, “I now know this athlete to be Justin.”

USADA executive Travis Tygart did not, Scott said, inform the lab of the “nature of the ‘tip’ nor the basis for his belief.”

The lab did as asked, and concluded that Gatlin is what’s called a “low-mode individual,” who — to make it simple — lacks a particular enzyme, with the effect that the T/E ratio is typically very low and does not much change if that individual is administered “exogenous testosterone,” from a source outside his body.

The lab told USADA Gatlin was low-mode. “I am not aware of whether we recommended or USADA requested that a Carbon Isotope Ratio test be performed,” Scott said, referring to a test that is both far more sensitive and way more expensive, in the range of several hundred dollars.

In June 2006, the lab performed the CIR test. Bingo. A positive test.

Why did USADA ask for the further analysis that led to the positive?

In another set of stipulated facts, the answer:

At that same 2003 world indoors at which Gatlin won the men’s 60, Michelle Collins won the women’s 200. Her 22.18 would have been an American record but it was never ratified. Instead, after being linked to the BALCO matter, she admitted using illicit substances. Ultimately, she would get a lengthy suspension.

In May 2004, Collins told USADA that Trevor Graham, her former coach, “told her to appear at track events with no drug testing and to use fast-acting drugs to avoid detection.”

She last trained with Graham in 2001, before Gatlin met up with Graham, the legal document stresses.

USADA “considered this information provided by Michelle Collins and decided to test at the 2006 Kansas Relays, an event at which it had not previously tested,” the document says.

Travis Tygart of USADA // Getty Images

In late 2005, USADA notified USA Track & Field and Kansas Relays organizers it would be testing that next April at the meet.

Gatlin was picked for testing after his relay team won first place; he had run the anchor leg. “This selection” for testing “was in accordance with USADA’s routine selection criteria for track and field relay events,” the document says.

When he was on the road, Gatlin had a reputation as the room service king.

He testified, “I have this paranoia about people messing with my food, or especially, from the first incident where I don’t like to let people do anything orally to my food, and my water, and I don’t like people touching my stuff or around me.”

On June 15, 2006, the room service king, ever careful, learned in a three-way call — with his agent, Renaldo Nehemiah, and his parents — that he had tested positive at the Kansas Relays.

Gatlin testified:

“It was a nightmare that I live again, from my first situation, and I found, I prided myself, I would never put myself in that situation again, and it happened to me again, and I remember the only thing that I kept saying over and over was that my life was over. I didn’t know what to do. I mean, because, running is, running is what I love. I love to run. And I never would do anything like that, because I know I have the support of my family and my friends.”

Jeanette Gatlin, in testimony, asked if Justin had ever said “that he knowingly took a substance”:

“Oh, absolutely not. Absolutely not. He kept on saying, ‘I don’t know how this happened. I don’t know how this happened. I’m careful. I watch everything. I know one thing: I’m dead.’ That’s all my child kept saying, was that he was dead. He was dead.”

Asked what he did in the weeks between when he found out he had tested positive, and July 29, when word went out to the media, Gatlin responded, “Other than cry?”

Jeanette Gatlin was asked if the experience had taken a toll on her son:

“Most definitely. Most definitely.

“When Justin came home,” to Florida from the Sprint Capitol base in Raleigh, “before we went back and relocated him, Justin would be sleeping, you could hear him at night. You could hear him, he just uh-huh, ugh-huh, ugh-huh, you go in there and he is just jumping. He is just jumping. He is cold and sweaty, and he’s crying, and he’s breaking down, when you talk to him, in the daytime, baby, think about it, think about what happened, he just breaks down, he starts crying and he’s shaking and falling apart. He’s not sleeping at night. He’s restless, I’m going through getting up all time of night, going in there and [checking] on him.”

She also testified, “Not only has my child, Justin Gatlin, suffered and [is] still suffering, his name, his reputation. We have all suffered. We have all suffered. I have — I’m bald, not by choice. This is the haircut that anybody that knows me has never seen on me before. I have long hair. My hair was coming out in clumps. I had to go and have my hair cut off through the stress of this. I have never suffered high blood pressure before until this.

“Justin — Justin walks tall, and he’s strong, and he’s strong and he’s positive. But he — I see the hurt in him. I see how he’s just, well, can — Momma, can I buy a pair of jeans? Can I buy a pair of jeans? Do we have money? Can I buy a pair of jeans?”

Gatlin, left, lifting weights with Isiah Young

Nehemiah testified that the second test cost Gatlin “5, 6 million dollars.” Gatlin, Nehemiah said, had  grossed $1.549 million in 2005; projections in 2006 alone, the agent said, were for “anywhere from $2.5 to $3 million” in 2006 alone. Owing to the positive test, Nehemiah said, Gatlin’s 2006 gross: $280,235.

After winning 2004 Olympic gold, Nehemiah said, there had been a meeting with Gatlin, his parents and officials from both Nike and USATF, a “coming-to-Jesus talk.” He said the tenor of the conversation went like this: “OK. You are no longer Justin Gatlin. You are the United States of America. And everywhere you go, you go this great site, and everybody likes you so, you know, there’s a lot that’s being put on your shoulders.”

“Did he embrace that burden?” Nehemiah was asked.

“He embraced it, yes, wholeheartedly.”

Jeanette Gatlin continued: “You know, he’s suffering,” referring to her son. “He doesn’t know where he’s going to get another paycheck, what’s going to happen and how he’s going to continue to live.

“This,” she said, “is his life.”

Shortly after news of the positive test broke, the Escambia County, Florida, Sheriff’s Department asked if Justin could come speak to their graduating cadets. You’re aware, Jeanette Gatlin said, of the case? Yes, came the answer, she said, relating that this nonetheless was the response: “We want Justin to come. We believe in him. We have faith in him.”

He ended up speaking to that cadet class; too, to 4,000 students, high school and college, about the D.A.R.E. anti-drug program, with his mother saying “it was the biggest turnout they ever had”; to church groups — “not our church,” Jeanette Gatlin stressed — where “he spoke to them, and he read from the Bible, and he told them to obey the parents, obey the laws, stay away from drugs, keep their body clean. Keep their minds straight, keep them focused.”

Justin Gatlin spoke as well with Jeff Novitzky, the-then federal agent running the BALCO inquiry. On August 16, 2006, Gatlin met with Novitzky for five and a half hours in New York, voluntarily traveling to the meeting from Florida. At the end of that interview, Novitzky asked Gatlin to make undercover phone calls to Graham, as a means both to judge Gatlin’s credibility and to potentially gather evidence against Graham.

Gatlin agreed.

The former federal agent Jeff Novitzky // Getty Images

In all, Gatlin would make roughly a dozen calls to Graham and Randall Evans, an assistant coach. Throughout, the authorities viewed Gatlin as a cooperating witness.

Novitzky would testify as well.

This exchange, with Tygart:

“Well, did you ask him if he used any prohibited substances?

“Yes.”

“And what was his response to that?"

“His answer was no, never knowingly."

Novitzky also offered this assessment, referring to Gatlin, “Again to the best of my ability, and as I have testified before, throughout this case, I have not obtained any evidence, despite these hiccups and despite these concerns, looking back now historically, I have not obtained any evidence of his knowing receipt and use of banned substances.”

Thus the core question: what happened that prompted the 2006 positive test?

The dog-ate-the-homework theory that got advanced is that masseuse Chris Whetstine rubbed a cream containing steroids on Gatlin.

Where did this story come from?

Gatlin, in testimony, referring to Graham: “He said that he went and looked at the Internet to find out what the cream was that he thought Chris Whetstine used, and he came across DHEA,” banned as  a testosterone precursor.

A moment later, in further testimony: “He said that while Chris was applying the cream on me in Kansas that he saw a — I think he said a pink tube, a white tube and a pink squiggle on it,” purportedly made by Sarati Laboratories, “and he went back and referenced that, and he came up with DHEA.”

Asked if Graham’s “speculation” was “accurate or not,” Gatlin testified:

“It’s a very strong speculation, and I wouldn’t say it was a bull’s eye, a bull’s-eye, but I think that — it’s more of an oval-shaped peg than a square peg fitting in a circle.”

Why, he was asked, put so much weight on what Graham would assert?

“Well, to do research on it, especially doing research with my lawyer at that point in time … we researched DHEA, and some of the stuff that we learned about it, and kind of went along with the story of what happened.”

Gatlin was asked, did you see the tube Whetstine had? No.

Did you ask to see it? No.

So, “you didn’t hear about the tube with the squiggly S on it until after you had been reported positive, correct?” Yes.

“… And the only person that you heard that from was Trevor Graham, correct?” Yes.

Graham did not testify in this hearing. Nor, for that matter, did Evans.

But Whetstine did.

Referring to Graham, Whetstine said, “Well, golly, I thought I was … I mean, in 2006, I would have to say it was probably the best year in our relationship that we ever had. We would go on long walks together, talked about politics, religion, he showed an immense amount of concern for Justin Gatlin in trying to keep him on focused [sic] and on track, so that we could attain our goal."

Answering questions from Tygart:

“Do you have any knowledge of how Justin Gatlin tested positive?"

“None, sir."

“Did you apply any prohibited substances to Mr. Gatlin?"

“No, sir."

“Did you apply testosterone cream to Mr. Gatlin?"

“No, sir."

More:

“When you heard of Justin Gatlin’s positive tests, what came to your mind as the possibility of how this occurred?"

“I had no idea. I had no idea how it could have occurred."

“Did you do any introspection as to whether anything you did might have caused this?"

“Well, I knew that nothing that I did would have inadvertently caused it."

Later, in an exchange with one of the arbitrators supervising the case:

“Have you heard of Sarati Laboratories?"

“No, sir."

“Have you heard of a cream, Deep Hydrating Essential Aloe Cream?"

“Only after this investigation."

“Did you ever have any tubes that were white tubes with pink squiggles or stylized letter S's on them?"

“No. I can provide you a little insight into — I’m going to step out on a limb here, and call it Mr. Graham’s alibi. And let you know — I want to be careful, because I don’t want to be inflammatory.

“I’m a pretty big supporter of Justin Gatlin, and I don’t want to believe that Justin did anything wrong, OK?

“But in the light of the truth and fairness, where they’re concocting this story from is that my sponsor Biotone, OK? There’s a — I am given a product to distribute from Biotone, BioFreeze, to athletes and therapists; not only therapists that are under my direction, but other therapists, who would be, you know, ostensibly of some notoriety, if they were to be making a plane trip from one place to another.

“And one of the bottles that Biotone has — I think it’s called the Dual Purpose Massage Cream, a product that I don’t use. I use an oil, which I may have already described in my testimony. And this Biotone Dual Purpose Massage Cream has a pink band on it. 

“And so, somehow, they have leapt from the Prefontaine Classic," an annual track meet in Eugene, Oregon, "which is probably, I think, June 7th — some time in early June when that product first showed up for distribution to my staff, courtesy of Biotone, and something that they claim that happened months prior.

“It’s a product I don’t even use. It’s solely for distribution to my staff."

“… But you don’t know that the Dual Purpose Massage Cream that you have described contains any prohibited substance?"

“If that were the case, every athlete at the Prefontaine Classic that year would have tested positive."

“Why is that so? Because you said you don’t use it."

“Because I distribute it to 17 other therapists. I give out a goodie bag that has all Biotone and Biofreeze products, PowerBar and literature from StrongLite …"

Whetstine also testified that in May 2004, he went with Evans to a pharmacy in Monterrey, Mexico, where he — Whetstine — bought Voltaren cream, an Advil-like anti-inflammatory that is not uncommon in American track and field circles, even though it’s not typically available in the United States.

“And I would like to note at that time,” Whetstine testified, “I watched the witness Randall Evans buy pure testosterone.”

At a different point in the hearing, Whetstine was asked by another of the arbitrators to elaborate.

“You made a reference to Randall Evans purchasing testosterone in Mexico?"

“Yes."

“Do you know what he was using that testosterone for?"

“Well, he told me it was for sexual performance. I don’t care what he was using it for. I was furious. He — I was livid."

“This was in 1998?"

“No, this was in 2004, yeah, because he was in Mexico in 2003 and we went back in 2004. And as he was purchasing two packages that had 8 vials apiece. I mean, he was saying it was for topical application for sexual enhancement. And these were bottles — you know, like they have the — like a skinny neck, like a tight neck with a — like an aluminum cap? And that to me means that — that’s like what you see in the hospital. I mean, that’s something that you can inject in somebody.

“And I was furious. And as he was paying for it, I left. I wanted nothing to do with that and told him so. Made sure that I was not in the airport with him, that we left on — you know, did not arrive at the same time for our departures, called my girlfriend — actually, on Justin Gatlin’s phone, called my girlfriend, expressed that I was furious.

“And she inquired about it, and you know, I get — it does have some levity to it. She said, well, if that’s what he’s saying, honey, you don’t need any of that stuff. I mean, she was joking with me."

“So why were you furious?"

“I was extremely furious at why — you know, I was furious."

“Why were you furious?"

“He’s buying testosterone, sir. That’s a prohibited substance. I don’t want any exposure or knowledge of anything."

“So I mean, were you — did you consider that he was buying it for other athletes?"

“I didn’t care what he was doing. I didn’t want him doing it in front of me."

“When you say it’s a prohibited substance, I’m a little bit — it was legal for him to buy that in Mexico, correct?"

“I don’t know. You know, the story is you can get whatever you want in Mexico, and his wife is Spanish. He actually says his wife works for the FBI, was his claim, and she was an FBI agent and was bilingual, and so, I guess he had some lingo, but — what was the question?"

“Well, I guess I’m just trying to figure out — I’m trying to figure out why were you furious? It seems to me if he was buying it for himself, it would be OK. If he was in Mexico, obviously, he shouldn’t be transporting it across the border.”

“But if he was buying it for other people, it seems to me — especially for athletes — that would be a valid reason for being furious."

“Sir? My integrity, hard work and my word are all that I have to go on in this business. I do not want to be exposed to, have knowledge of any illegal activity, OK? And I don’t care what he’s buying it for. I don’t care what he’s buying it for. OK?"

Gatlin had long had problems with tweaky hamstrings. That was the case in the spring of 2006. HIs right hamstring was not responding.

Red blood cells take oxygen to the muscles. When the body can’t make enough red blood cells, one response is to take vitamin B12.

Taking the vitamin B12 orally was not doing the job, Gatlin testified. So he asked a doctor what to do; the doctor recommended a B12 injection directly into the hamstring itself.

It is also the case — well-known in the appropriate circles — that administering testosterone directly would help in recovery.

Who, Gatlin was asked on the record, did he talk with about the prospect of getting a B12 shot?

Graham, Evans and, as well, another sprinter who at one time was in the Sprint Capitol camp.

On April 6 or 7, Gatlin testified, he got a shot of what he believed to be B12.

At his house. From Evans. With Graham in attendance.

Whose idea was it, Gatlin was asked, to get a B12 shot? To ask the doctor about such a shot?

Graham, Gatlin testified.

“Did you — was it normal for you to get any sort of a shot by Randall Evans?”

“No, it wasn’t.”

“Had you ever gotten a shot from Randall Evans?”

“No.”

“Were you concerned about getting a shot from Randall Evans?”

No, because the doctor had “explained to me,” Gatlin said, “that Randall Evans was taking classes to become more medically inclined under his wing …”

“Before Mr. Evans injected you in your hamstring,” Gatlin was also asked, “did you ask him whether he had ever injected performance-enhancing substances into any athletes?”

“No.”

“Why not?”

“Because I didn’t believe he did. It was a B12 — sitting right here, it’s a B12 shot. That’s why I was concerned about my leg. I was concerned if he was juicing up some of the athletes that I didn’t know.”

At another point in the testimony:

“… You are a gold medalist, double world champion, and you allow this person, who is learning to give injections, to inject you in your hamstring while you are injured?”

“He wasn’t a person who was learning. He was my assistant coach.”

At the same time, Gatlin also sought to depict himself as not completely trusting of Evans. Before submitting to the injection, Gatlin said, he looked at the package: “It was a white box, and it said B12, and it said ‘Vitamins’ right across the front of it. It was an unopened package. It was sealed, and so was — the needle was also sealed,” just “a regular needle.”

A B12 injection comes as a clear red liquid solution. The red is vivid.

Crucially, Gatlin was never asked whether that B12 shot was red — neither by his own lawyer or on cross-examination.

Moreover, B12 injections are typically administered via the buttocks or shoulder, areas less susceptible to pain.

The day after the B12 shot, Gatlin did testify, he took a Voltaren pill — supplied, he said, by Evans.

The pill and shot came about a week before the Mt. SAC meet in California. There, Gatlin ran a relay leg; his team took second.

A week later: the Kansas Relays.

After Mt. SAC, Gatlin testified, he felt like he was back to 100 percent.

Again, Evans did not testify. Nor did the doctor.

Novitzky, meanwhile, was on the stand for this from USADA’s Tygart: “OK. Agent Novitzky, have you — are you aware that Randall Evans has denied giving an injection of B12?”

Objections came from both Gatlin’s lawyer and from government attorneys, and the question never did get answered.

Novitzky did testify that during that five hour-plus interview, Gatlin “categorized the pill .. as a ‘Voltaren bean.’ When myself and my partner heard the word ‘bean’ used — based on our investigation to that period of time, we had heard testosterone and Decadron,” a corticosteroid, “being referred to as a ‘bean,’ so it kind of spurred our interest when we heard that.”

During that interview, Gatlin was asked to describe the pill.

Novitzky testified, “He described it as green with a V on it.”

He added, “This wasn’t an instance where we just left it. We followed up and said, ‘Are you sure that’s what it looked like?’

“He said, ‘Yeah, he was sure it was green with a V on it.’

“We came to find out later, much later, months, maybe a year later, that he told someone else that the pill was brown, and brown is the color of these testosterone and Decadron pills, so we had some concern about that.

“We actually had Mr. Gatlin, his mother and [Gatlin’s lawyer] on a phone call, and brought that to their attention. They did come up with an explanation about his confusion regarding the coloring, and that he had been taking an Excedrin, which was a green, but these Voltaren pills that he had been taking all along were brown. You know a little bit unclear, where that leaves him, you know, in the credibility issue in that department.”

Another matter of credibility, Novitzky said, related to Angel “Memo” Heredia, long believed in track circles to be a chemist of considerable repute — who, as Nehemiah related it in testimony, “was not a Trevor Graham fan.”

Nehemiah, saying he was seeking answers to how Gatlin could have tested positive, commissioned Heredia to write a report.

Ultimately, Nehemiah said, the report “wasn’t comprehensive at all,” describing it as a “waste of our time.”

The report, after much negotiating, cost $10,000. But because of an accounting glitch, Heredia got paid $10,600.

“The Memo memo,” as it came to be called, ultimately made its way to Novitzky. From the agent’s point of view, the concern was simple: the government had no idea initially that Gatlin’s entourage had retained Heredia.

“This was all unbeknownst to us,” Novitzky said. “He didn’t — we found out about this second-hand, not from them. And that was a big issue toward us, in terms of, you know, cooperation and credibility, because typically, when we’re dealing with cooperators and looking at these issues, you know, one of the issues with a cooperator is full disclosure of everything.

“And while we did get some explanation that they weren’t sure that we needed to know this, and they thought we already knew some of this, the bottom line, it was not the case that they told us this was going on when it was going on. So that was another issue that came into play.”

It might be reasonable to assume that Gatlin would — in his own case — get some benefit from cooperating with Novitzky and the feds. In fact, he got none.

The majority of the three-member arbitration panel that heard the case noted it “finds much merit in Mr. Gatlin’s position and the facts of his cooperation, which were substantiated by the pertinent government witness, supports the extensive, voluntary and unique nature of Mr. Gatlin’s assistance.”

Even so, the rule at instance was super-precise: “substantial assistance” had to result directly in an anti-doping agency “discovering or establishing” doping by another person.

Yes, Gatlin cooperated, USADA acknowledged; yes, he took considerable risk; but, no, the dozen or so phone calls didn’t lead directly to any such violation.

As far as the Whetstine theory, the panel majority said, “the fact is that there is no substantiation of Mr. Gatlin’s naked claim.” It added, “There was no evidence that any of the creams used by the physical therapist actually tested positive.”

It said, “More importantly, the evidence submitted by Mr. Gatlin did not eliminate the possibility of intentional use or the possibility that he was the unwitting victim of doping by members of his coaching staff.”

Further, “Simply stated, this Panel does not know with any degree of confidence how the testosterone entered Mr. Gatlin’s system; transdermally or by pill or injection.”

That being the case, it said, “USADA makes a strong argument. If Mr. Gatlin cannot prove how the testosterone entered his system, and he did not, he cannot prove two significant facts. First, that it was the physical therapist that placed the testosterone in his system transdermally; and second, that he did not intentionally take testosterone.”

“Finally,” it said, “while Mr. Gatlin seems like a complete gentleman, and was genuinely and deeply upset during his testimony, the Panel cannot eliminate the possibility that Mr. Gatlin intentionally took testosterone, or accepted it from a coach, even though he testified to the contrary.”

It gave him four years off.

A 2008 review by another three-member panel, this one from the Swiss-based Court of Appeal for Sport, left it at that: four years.

Those four years, Gatlin said in an interview, were miserable. He moved to Atlanta and, to make money, taught sprinting to 8-year-olds.

“One thing I learned on my journey and it’s really true, kids are the least judgmental. Kids looked at me and never brought up any incident, never questioned anything, and they said, ‘Mr. Gatlin, I am just trying to get fast like you. Teach me.' ”

There was that. But he said, “I lost every endorsement. I lost everything.”

He also said, “I was so depressed, Me, my mother and my father, we are a core. We became stronger when i went through my ordeal. Going through the ordeal broke us down. My mother lost hair. For a woman, that’s a big thing. She prayed every day to the point where she was like, what is prayer doing? Nothing is being answered! She doubted her faith.

“I would honestly say my dad was more depressed than anybody. His son carries his name and gave him the most pride, and to go through what I went through made him so depressed. He didn’t talk a lot.”

As for Justin Gatlin himself, during those four years, he said, “I think that’s where track Justin met real Justin.

“It’s not a cliché to speak in the third-person sometime. I have to tell you how I experienced it. I didn’t see any worth my life. I wasn’t running. I wasn’t being acknowledged. I was looked upon as the bad guy. I was ready to enlist in the Army. I was ready to become a police officer. This is real: if I die, if I took a bullet, at least I took it for something I believe in — America.

“I have never been a person to have suicidal thoughts. But I said, ‘What is the worth of my life? Who am I?’ That’s when I had to say: ‘There is more to Justin than just running.’ “

It was with that attitude that Gatlin came back to the sport in 2010.

He worked himself back to a bronze at the 2012 London Games in the 100, behind Bolt.

The turning point came the next year, at the 2013 worlds in Moscow. The 100 went down in a pouring rainstorm. Bolt won, again, in 9.77, crossing the finish at the precise moment lightning flashed across the sky — an incredible, indeed indelible, picture.

That frame also shows Gatlin. He is behind Bolt, and to the Jamaican’s left. Gatlin would finish second, eight-hundredths back, 9.85.

Usain Bolt winning the 2013 100 meters in Moscow as lightning flashes, Gatlin eight-hundredths of a second back // Getty Images

Sprint coach (and former champion) Dennis Mitchell

Gatlin said, “I don’t want to step out of my boundaries and my respect for other opponents [but] when I look at that picture, that’s when I said to myself, ‘I think I can beat this guy. I can challenge this guy outright.’ “ 

To do so, however, he had to submit — to his coach, Dennis Mitchell. Gatlin said he had to accept Mitchell’s word as gospel, to let technique do the work for him in his races.

Until that lightning flash in 2013, Gatlin said, he had — whether consciously or not — been trying to do it his way. From that moment on, he said, it has been Mitchell’s way.

Mitchell typically draws a torrent of criticism from those who know he, too, tested positive during his days as a champion sprinter. There’s a back story there, though. Mitchell tested positive for what he relates as inadvertent use of DHEA. But who voluntarily testified for the government in its investigation of Graham? Among others, Mitchell.

Mitchell said, "I testified under oath in front of the feds that Trevor Graham coerced me into taking growth hormone."

He also said, “When you are dealing with the federal government the first thing you don’t do is lie. Because they will get you.”

“I was a witness for the good guys,” he added. “I wasn’t prosecuted. I wasn’t threatened. I wasn’t put on trial for lying. I was a 20-minute witness for the federal government, against Trevor Graham, to tell everything about my life and his life that would incriminate him. That’s what I did. And I took a hit for the good guys.

“And I knew that when I did that, either the sport was going to herald me as a good guy or they were going to kick me out as a villain. I rolled the dice. I said,’Dennis, everything you have been through in the sport, all the great achievements you have had in the sport, the sport will not turn its back on you.’ "

Doing what Mitchell says, Gatlin has not lost since the end of 2013. This year, he has run 9.74 in the 100, 19.57 in the 200.

The American records: 9.69 (Tyson Gay, Shanghai, 2009), 19.32 (Michael Johnson, Atlanta Olympics, 1996).

Under Mitchell's direction, Gatlin has lost roughly 30 pounds; the science of sprinting increasingly has come to recognize that leg strength -- not being top-heavy -- is what counts. He also has worked in the weight room to re-make his slimmer self and at improving his start.

"I wear medium shirts now," Gatlin said of his weight loss. "A large would be hanging off."

"Any person who has watched this kid, who knows track and field, can see the technique changes," Mitchell said, adding a moment later, "2014 is the year he woke up smart. He put his mind to it and went for it."

“When I step on the track, my percentage of worrying about opponents in the race has dropped significantly,” Gatlin said. “All I worry about is executing my technique, executing my race strategy and competing against time.”

He also said, “I feel there’s a difference between being in the zone and being dialed in. I have learned that the last two years. The zone is good; a lot of athletes are in the zone. But when you are in the zone there still can come a lot of variables; you can still worry about certain opponents, about what can go wrong. When you are dialed in, you worry about one thing,” execution of race strategy, “and that one thing will handle everything else.”

As an example, he said, “If you look back at all the races I have had just this year, if you look back with a careful eye, you will see difference. From the 19.68 I ran,” a 200 last July 18 at a Diamond League meet in Monaco, “to the 19.57,” this June 28 at the U.S. nationals, "the end of my race and my last 100 meters was way more relaxed, way more turnover.

‘I wasn’t fighting my technique. I just let my technique turn over. In my 19.68 race, I was more worried about running the curve.”

In his home bathroom, Gatlin said, he has hung what he calls a “vision board,” posts of what he wants to achieve. On the board, he said, are the times 19.30 and 9.68.

“At one point in time, my vision board was names. I have changed that. Now it’s numbers. Now it opens up a different door.”

Anything is possible in track and field, which for years and years has been marred by doping, and at the highest levels. As difficult as it may be for some skeptics, indeed cynics, the matter is straightforward: to believe that Justin Gatlin is doping is to believe he does not want to go through that door.

To assume that Gatlin is cheating is to believe he would risk his new Nike deal. Mitchell, too, has a new deal, and he and his wife have a baby. The mortgage gets tough to pay when there's no income.

Beyond all that, to believe that Gatlin is doping is to say he wants to stumble back to the wilderness — lost, angry, the sort of son who would disrespect his parents, who would make his mother’s hair fall out again, who would risk the certainty of a third strike and a lifetime away from the very thing that gives him so much joy, indeed meaning, in life.

Which seems more logical? Which more reasonable?

“I found me,” Gatlin said of his four years away.

He said, “I had to step back and realize, you know, just because everyone doesn’t agree with what I am doing doesn’t mean they are against me.

“Just because someone doesn’t step up doesn’t mean they aren’t for me.”

Not just three dopers -- at least four!

451653412.jpg

Do you believe in redemption, and the power of second chances? Or was what went down Thursday in Lausanne, Switzerland, just the saddest of all possible advertisements for track and field? Three dopers, all American, went 1-2-3 Thursday in the sport’s glamor event, the men’s 100 meters, at the Lausanne Diamond League event: Justin Gatlin, Tyson Gay and Mike Rodgers.

Justin Gatlin (left) wins the men's 100 in Lausanne over Tyson Gay and Mike Rodgers // photo Getty Images

Consider just some of these other first-rate performances Thursday at the Athletissima meet, as the Lausanne stop is known:

Grenada’s Kirani James and American LaShawn Merritt went under 44 seconds in the men’s 400, James winning in a world-leading 43.74 seconds, Merritt in a season-best 43.92. The women’s 100 saw a sub-11: both Michelle-Lee Ahye of Trinidad & Tobago and Murielle Ahoure of Ivory Coast timed in 10.98, Ahye getting the photo finish.

Barbora Spotakova of the Czech Republic threw the javelin 66.72 meters, or 218 feet, 10 inches.

An 18-year-old Kenyan, Ronald Kwemoi, ran a personal-best 3:31.48 to take out Silas Kiplagat and others in winning the men’s 1500.

In the men’s high jump, Bogdan Bondarenko and Andriy Protsenko, both of Ukraine, went 2.40m, or 7-10 1/2. There have now been 50 2.40m-plus jumps in history; 12 have been in 2014.

And yet — what’s the headline from Thursday in Lausanne?

You bet.

Gatlin ran 9.8 to win, his second-fastest time ever, off his personal best by just one-hundredth of a second. Gay, in his first race back after a year away because of suspension, went 9.93. Rodgers, who last week won the U.S. nationals in Sacramento, ran a season-best 9.98.

Ah, but it doesn’t end there.

Typically, of the eight guys in a 100-meter final, it’s not unreasonable — at least since 1988, and Ben Johnson — to wonder, how many might be dopers?

In this instance, we have at least an inkling, and it wasn’t just three.

It was four!

To the inside of Gay in Lane 2, Rodgers in 3 and Gatlin, the 2004 Olympic champion — all decked out for the Fourth of July in red, white and blue — in Lane 4, we present Pascal Mancini of Switzerland, in Lane 1. He finished eighth, in 10.43.

Mancini was busted for nandrolone.

Rodgers tested positive for a stimulant and drew a nine-month ban.

Gatlin served a four-year ban between 2006 and 2010 for testosterone.

Gay tested positive for an anabolic steroid last summer. He received a reduced one-year suspension for cooperating with USADA. Neither the IAAF nor WADA appealed.

What Gay told USADA — and in particular about Jon Drummond, who trained Gay from 2007 until just after the 2012 Olympics, and has for years been an influential figure in USA Track and Field circles — remains unclear.

Drummond is such a key figure that he served on the USATF panel that released its findings Thursday about the disqualification controversies at the indoor nationals in February in Albuquerque.

Drummond, meanwhile, has filed a defamation lawsuit in Texas state court against USADA; its chief executive, Travis Tygart; and Gay. That case is likely on its way out of state court and en route to federal court.

After Thursday’s 100 in Lausanne, Gay told reporters, “It’s been a little bit tough training, a lot of stress but I made it through.”

Gay had not met with reporters before the meet. Gatlin did, and was in something of a philosophical way:

“My journey rebuilding my career has been an eye-opening experience,” he said. “It let me understand what real life was about outside track and field. I was basically sheltered by track and field all the way from high school, got a full scholarship to college, two years in college, turned professional, one of the highest-paid post-collegiate athletes. Then I didn’t run for four years, so I was able to understand what being a man in the real world is about, and struggles, and once I came back to the sport, I was grateful.

“I wish him [Gay] luck because it can be a stressful time, not only on the track but what the media thinks about you, what personal [things] people think about you and how they look at you. It’s going to be with him for the rest of his career. I’ve been back in track longer now than for how long I was away for and every year I’ve got better and better. That’s only been my focus and maybe he can take a lesson from that, or if he wanted to go his own path.

“I haven’t talked to him, I’ve seen him around but I haven’t talked to him. It’s that competitive edge and competitive spirit but we give each other gentlemanly nods.”

As should be obvious, track and field has many, many issues.

It also has incredible strengths. It is universal. It is elemental. It is primal.

For these strengths to come through, the sport must be able to assert its credibility.

The only way that can happen is for fans to believe what they are seeing is real.

When a race like the Lausanne men’s 100 goes down, it can be a huge turnoff. No two ways about it.

The tension, of course, is that Gatlin, Gay, Rodgers, Mancini and who knows who else have a right to make a living.

“Why are we saying this race should not be happening?” Gatlin had said beforehand. “It is because of my past discretions, because then I shouldn’t have been at the worlds and shouldn’t have been at the Olympics if that’s the case. Or is it all on what he’s done thus far? I have no power to say what races he can be in and what he can’t be in. I’m just here on my own to win and to run. If he’s here and I line up against him I can’t complain and moan about it, I’ve just got to go out there and do my job.”

There’s another tension, too, and it was beautifully described by the former Irish steeplechase record-holder Roisin McGettigan, who found out this week that she was being upgraded to a bronze medal at the 2009 European indoor championships.

“That’s the thing about doping,” McGettigan told an Irish newspaper, “it makes clean athletes doubt what they’re doing. You train harder to try and reach their standards,” meaning athletes suspected of using illicit performance-enhancing drugs, “and that often leads to injuries or illness.”

Which leads, perhaps in a meandering fashion, perhaps not, to the men’s 200 Thursday in Lausanne.

In May, Yohan Blake, the 2011 100 world champion, had run a spectacular anchor leg, an unofficial 19-flat, to power the Jamaican team to a world-record 1:18.63 in the 4x200 relay in the Bahamas.

On Thursday, Panama’s Alonso Edward won the 200, in 19.84.

Blake, who likes to call himself the Beast, got off to an indifferent start Thursday, and that’s being gracious. He faded down the stretch. He finished sixth, in 20.48.

Nickel Ashmeade of Jamaica took second, in 20.06. France’s Christophe Lemaitre got third, in a season-best 20.11, and as he went by Blake, he gave him a stare, like, what is up, dude?

Blake trains with Usain Bolt, with coach Glen Mills. Blake suddenly looks awfully, well, un-Beast-ly. Bolt has yet to appear this summer.

At the end of last July, the world found out, thanks to World Anti-Doping Agency statistics, how minimally Jamaican sprinters had been tested and, in turn, how lax the Jamaican anti-doping program had been.

Now, in summer 2014: is it just that those Jamaican yams simply aren’t doing the job?

Or is there a different truth waiting to emerge?

UCI's belated preemptive strike

Cycling's international governing body, which goes by the acronym UCI, "did not protect" Lance Armstrong as he cheated his way to the seven Tour de France titles that have since been stripped from him, a new file prepared by the federation asserts. "Every decision by the UCI concerning Armstrong -- and indeed every other rider -- was taken in compliance with the known facts and with the science available at the time," says the file, sent out Monday to national cycling federation presidents, describing the UCI as a "pioneer" in the anti-doping campaign and "at the forefront" of "many new technical advances."

In an accompanying letter, UCI president Pat McQuaid declares, "For the past 20 years, the UCI has done everything possible in tackling the scourge of doping in sport."

The exuberance of these declarations, and the timing of the file, must be understood in context. McQuaid is in a reelection campaign, and most of the Olympic world, including the International Olympic Committee executive board, will be gathering in two weeks in St. Petersburg, Russia, for what's called the SportAccord convention.

Pardon the oxymoron but this is, in essence, a belated preemptive strike.

Belated, of course, because the U.S. Anti-Doping Agency's so-called "Reasoned Decision," which lays out the case against Armstrong in breathtaking fashion, came out last October.

Then, in January, came Armstrong's televised confession with Oprah Winfrey.

Now, for a variety of reasons, it's in McQuaid's interest in particular for UCI to appear transparent.

He says in the cover letter that UCI "remains committed" to an "independent audit' of UCI's "behavior and practices" during "the Armstrong years.  Armstrong won seven straight Tours de France, 1999-2005, retired, then raced again in the Tour in 2009 and 2010.

Further, McQuad says in the letter, "I can also confirm that the UCI has agreed to release all test data in our possession concerning Armstrong to both WADA," the World Anti-Doping Agency, "and USADA."

And, he says, UCI is discussing with WADA "a process that will allow a full examination of doping in the peloton in the past so that we can learn all the lessons that need to be [learned.]"

The 14-page file itself covers a range of topics that by now are familiar elements of the Armstrong tale, traversing the 1999 test for corticosteroids at the Tour de France to and through Tyler Hamilton, Floyd Landis and Armstrong's two donations to UCI.

"Many of the allegations leveled at the UCI have been comprehensively answered and debunked," the file says on page one.

The issue, of course, is whether this file -- in its bid to relay the truth -- tells the whole story. As the file circulated Monday around the world, there were those who found plenty to question.

Travis Tygart, the chief executive officer of USADA, called it "simply another political move full of self-serving excuses and rationalizations and not the decisive action UCI promised the world over seven months ago now."

Tygart called the file "a 14-page letter with no evidence," issued "in response to more than a decade of a corrupt culture of drug use," and  labeled it " nothing short of shameful."

As an example of whether the file merely relays events but also fixes them in the big picture, consider the matter of Armstrong's 2001 Tour of Switzerland tests.

Armstrong was tested five times in that race. Three of those five samples were tested for EPO, the blood-booster erythropoietin. All were negative. Two, though, came back with notes from the lab as "strong suspicion" for EPO with numerical readings of 75.1 and 70.0; a positive reading was 80.0.

It is therefore "clear and irrefutable," the file says, that the UCI did not conceal anything.

True.

At the same time, as other UCI documents have also made clear, Dr. Leon Schattenberg, a member of the UCI anti-doping commission, told Armstrong and then-U.S. Postal Service team leader Johan Bruyneel of the suspicious test results a few days later, at the 2001 Tour de France.

This was a "normal" UCI policy at the time, "done so that the rider, if he was indeed doping, would stop doing so and the other competitors would be protected," according to UCI documents.

Armstrong "asserted strongly" that it was "completely impossible" for him to have produced a suspicious test as he "categorically denied doping," and went on to question the EPO test itself, as those documents relate.

The entire 2001 Swiss affair galls UCI critics.

They ask: if you were serious about doping, if you were genuinely a "pioneer," what would you do about a competitor -- indeed, the sport's star rider -- who was "strongly suspicious"? Would you essentially give him a field course about how the latest new test works and how close he was to flunking it -- and thus about how, if he were smart, he had better get back in line?

Or would you, knowing he was "suspicious," wait to actually catch him?

Moreover, wouldn't you want to submit the other two tests at the time for EPO? Or test them later -- as was allowed under the rules -- for EPO? And then, later, when you had reason to know, or at least to believe, that numerous witnesses were testifying to Armstrong's use of EPO, wouldn't you provide that evidence to USADA during its investigation, particularly after repeated requests?

Then there is the matter of Hamilton.

On page 11 of Monday's file, it notes that in 2004 Hamilton was caught blood doping and "concocted a story about a vanishing twin brother," adding, "Had Hamilton not been caught by the UCI, he would never have eventually confessed and then testified against Armstrong."

OK -- except that Hamilton fought the matter for years. A confession was a long time in the making. So was testimony against Armstrong. And then, as the USADA "Reasoned Decision" makes plain, when Hamilton had offered his cooperation to U.S. law enforcement officials, Armstrong told him, "I'm going to make your life a living … f-ing … hell."

The file sent out Monday says it was UCI that in 2006 found out that Landis had tested positive for banned testosterone. "If that had not happened," the file says, "Landis would never have eventually testified against Armstrong."

Except, again, that ignores the ferocity with which Landis fought the charges, indeed the book he wrote denying culpability, the hundreds of thousands of dollars that USADA -- not UCI -- spent prosecuting the case and more. UCI would not even give USADA Landis' test data, which assuredly would have been helpful in the prosecution of the case.

It is perhaps worth recalling that in October, 2012, within a couple weeks after the Reason Decision was issued, McQuaid seemed full of scorn for Landis and Hamilton for providing evidence to USADA about the doping system in place at the U.S. Postal team:

"Landis started it. He was in a bottomless hole and he said the only way out of it was to bring the sport down. That's what he intended doing and what he intends doing but he won't achieve it.

"Another thing that annoys me is that Landis and Hamilton are being made out to be heroes. They are as far from heroes as night and day. They are not heroes, they are scumbags. All they have done is damage the sport."

As for the two donations Armstrong made to the UCI -- the file asserts there is "no relationship" between testing and the money. From the UCI's perspective: Armstrong never tested positive; there was no test to conceal; therefore, how could there be any incentive to conceal any test?

The file adds detail to the donations.

It has long been known that there were two donations, one of $25,000, the other of $100,000.

The $25,000 came in May, 2002. It was used to finance testing in the junior (17-18 year-old) and under-23 (19-22 year-old) ranks, the file says.

Armstrong offered the $100,000 in the first half of 2005, to be used to buy a new Sysmex blood analyzer, which counts reticulocytes, or new blood cells. Such cells can serve as markers for blood doping; an athlete who is using EPO or who is blood transfusing typically would not be producing new blood cells in the normal way.

The UCI bought the machine in July, 2005, paying for it with its own money. That's because, the file says, Armstrong hadn't yet made good on his offer and the machine was "urgently needed for the fight against doping." Armstrong was "reminded of his promise later in 2005 and again in 2006," eventually sending the money in January 2007, a year and a half after he had retired, the file notes.

"With the benefit of hindsight, in particular given his subsequent confessions, it is clear that Armstrong deceived his sport, as well as the UCI, and that it would have been wiser not to have accepted these donations from him."

Which is the issue critics have in the first instance with the donations themselves, right?

"Nevertheless," the file goes on to assert," the donations had no influence on the UCI's testing of Armstrong," nor on any anti-doping entity.

 

The IOC presidency Top-10 list

The next president of the International Olympic Committee, whoever it will be, takes over an organization that is, in these early years of the 21st century, at a crossroads. By many indicators, one would look at the Olympic movement and see positive trend lines. The Games in Beijing in 2008 and London in 2012 were memorable, indeed. The five rings are, without question, one of the world's top brands. The IOC itself seems to have weathered the global economic downturn.

At the same time, the pace of change in today's world is ever-increasing and the paramount challenge facing the movement is not merely to remain a source of connection and inspiration. Bluntly, and above all else, it's to remain relevant.

The new president will be elected in September at an all-members IOC assembly in Buenos Aires. He -- the presumed candidates are, at this moment, all men -- will replace Jacques Rogge of Belgium, who has served as president since 2001.

The potential candidates are believed to include, in alphabetical order, Thomas Bach of Germany, Sergei Bubka of Ukraine, Richard Carrión of Puerto Rico, Ser Miang Ng of Singapore and C.K. Wu of Chinese Taipei.

Mr. President-to-be, you did not ask for a Top-10 list of what you need to do when you set up shop on Day One at the Chateau de Vidy, the IOC headquarters by Lake Geneva in Lausanne, Switzerland. Please consider this merely an early expression of goodwill in the form of constructive suggestion, along with a healthy measure of good luck -- because, sir, you're going to need that, too.

1. Be a thought leader

There is a lot to be said for making money. Every other sporting concern -- the soccer leagues, American football, the NBA, the NHL -- is there to make money. But that's not what the Olympic movement, and by extension the IOC, are about. The movement stands for a set of ideals, and for values such as excellence, friendship and respect. The Games are the expression of those ideals and values, and at their best they produce moments that remind us of the best in each of us. As IOC boss, given that you get to meet with presidents, prime ministers and with school kids, too, your job is to promote those values. Relentlessly. Creatively. The mission is not to organize good Games. That's too narrow. Instead, it is to make the ideals and values shine so brightly that they draw in young people and communities. The money will follow.

2. Fix the Summer Games program

In Vancouver in 2010, there were 24 medal opportunities in freeskiing and snowboarding. In Sochi next winter: 48. That speaks to the IOC's understanding of how to keep the Winter Games program fresh and current. As for the Summer Games program? Not so much. The IOC has added rugby and golf for 2016 and 2020. Under Rogge, it has dropped baseball and softball. It now threatens to drop wrestling. The controversy over the policy-making executive board's move in February to drop wrestling from the 25-sport "core," and the uncertainty over the process by which sports might be added to the program underscores the wider bewilderment. Beyond process, there is also substance. It says everything you need to know that skateboarding is not even on the shortlist for inclusion. Or that dual trampoline and synchronized diving are in but wrestling is fighting for its Olympic life. This might make sense to IOC insiders -- who understand the distinction in Olympic jargon between "disciplines," "events" and "sports" -- but to much of the outside world looking in, it can be all too difficult to fathom. Is that a good thing?

3. Make wholesale changes to the bid city process

Every two years, the roughly 100 IOC members award the next edition of the Games -- whether  Winter or Summer, each is a multibillion-dollar proposition -- to a city and country that has spent millions chasing the prize. The members, because of rules imposed after the late 1990s Salt Lake City corruption scandal, are not allowed to visit the bid cities. Instead, an IOC evaluation commission tours the cities and issues a report. Problematically, many members acknowledge not reading that report. Is this best practices? Short answer: no. The time has come to thoroughly re-visit the bid city rules. The bids cost too much. For that matter, the members should be permitted once again to visit the cities. Some things really do have to be seen to be -- well, if not believed then at least perceived. The problem is not trusting the members -- it is, as it always has been, about trusting the cities. Here are some further assumptions for a thorough review of the bid process: since the Games are supposed to be about sport, not nation-building, perhaps future bids should meet some metric of preparation. Examples for consideration: Should x percent of venues already be completed? Should non-organizing committee budgets not be over $x billion? Should total budgets not exceed $x billion? In 2003, the IOC adopted a report calling for prudence, indeed modesty, in Games build-out and venue construction; the 2014 Sochi price tag is now known to be at least $51 billion. That sort of disconnect merits some hard reflection.

4. Fix the Youth Games, or get rid of this experiment

Why are the 2014 Summer Youth Olympic Games in Nanjing, China? Originally, the notion was that YOG was a vehicle for cities and nations that couldn't possibly stage the "regular" Games. Example: the inaugural version, in Singapore in 2010. Already, though, the second Summer YOG will be in China, where the Summer Games themselves were staged in 2008? With, it must be said, a budget of more than $300 million? Why? Is that only to keep this initiative alive? Big picture -- what, exactly, is YOG doing? Originally, again, the idea was to connect teenagers more actively with the Olympic movement. Where is the real evidence YOG is achieving that goal? The Young Reporters project run as part of YOG has proven an unqualified success. But what metric shows YOG itself gets the Olympic spirit moving in teens? It is true, for instance, that South Africa's Chad le Clos won five medals in swimming in Singapore and then won on to defeat Michael Phelps in the 200-meter butterfly in London. But le Clos wasn't inspired to swim with Phelps because of what happened in Singapore. It had been his dream to race against Phelps ever since he saw Phelps compete in the 2004 Olympic Games in Athens.

5. Decide: who, really, are the IOC members, and what are they doing?

The Rogge years have seen a concentration of power in the executive board and in the growing numbers of staff at Vidy. This has left many members wondering what, exactly, they're there to do. They vote for the bid cities -- but don't get to see them. They vote on the sports -- but not for sports that many would like to see on the ballot. The IOC's sessions, as the annual assemblies are called, are not -- repeat, not -- exercises in robust floor debate but, rather, a succession of reports read out, often numbingly, to the members. To quote Peggy Lee: is that all there is? For all that, the line to get in as an IOC member remains long, and that needs to be addressed, too, because the current rules -- again, adopted in the wake of the Salt Lake affair -- make it difficult to recruit someone not affiliated with an international federation or particular national Olympic committee. Has that proven a sound notion or too limiting? As for the athlete members -- in theory, that is a good idea but in practice they can be treated as second-class citizens because everyone knows they're done after eight years. One essential -- the mandatory retirement limit, again a function of the Salt Lake reforms, is now 70. It should be raised to 75.

6. Re-balance the "pillars"

Juan Antonio Samaranch, the IOC president for 21 years before Rogge, used to talk about how the Olympic movement depended on the unity of certain "pillars," likening the entire thing to a table stool and insisting all the legs needing to be equal. There are the national Olympic committees, he would say. The international federations. The IOC. The IFs? How many of them right now could stand to be more accountable in terms of governance, use of IOC funds and anti-doping efforts? The more than 200 NOCs? How many of them could stand to have their governance brought into line with 21st century IOC practices? The Samaranch era, of course, has given way to a far more complex time in which there are other "pillars" that must be included in the calculus. While the IOC has always moved with governments around the world, the pressures on state-funded sport -- which but for the United States means virtually everywhere -- are now especially pronounced. And yet at the Games, if the IOC were called to produce records, how would it say it treated sports ministers, particularly from developing nations? Life, as Samaranch always taught, is a relationship business.

7. Re-think the broadcast strategy

This is the elephant in the room: NBC is the cash cow (apologies for mixing cows and elephants) that keeps the Olympic movement funded as we know it now. Its most recent deal is for broadcast rights to the Games in the United States from 2014 through 2020, and is worth $4.38 billion. NBC is paying $775 million for the 2014 Winter Games, $1.226 billion for the 2016 Summer Games, $963 million for the 2018 Winter Games and $1.418 billion for 2020. Three obvious questions: 1. How long can the IOC expect an American television network to keep carrying the financial load, as NBC has done for a generation? 2. How long is it reasonable to expect the U.S. Olympic Committee to remain politically sidelined -- as it has been, partly because of its own internal issues, for most of the Rogge years -- while an American network is so economically potent? 3. Compare: Brazilian TV rights for 2014-16, $210 million (after a 2012 Games that saw disappointing ratings there). China, 2014-16: $160 million. France, 2014-16: $120 million. Now, please, refer once more to the NBC sum and then to obvious questions 1 and 2 in this section, and ask, what is wrong with this picture?

8. Make the anti-doping campaign a priority, and betting, too

Rogge, a doctor, has talked a good game about trying to stamp our performance-enhancing drugs. He genuinely means it. A fair reading of the record during his term, however, will detail the BALCO and Lance Armstrong scandals in the United States; widespread doping in Russian sport; the Operation Puerto matter in Spain; and more. To be clear, the IOC president is not -- repeat, not -- to blame for cheating in elite sport. That would be absurd. He has the authority, however, to help engineer an even more coordinated effort -- and way less infighting -- between the IOC, the IFs, governments and the World Anti-Doping Agency. Governments need to understand the plain truth, and get serious about spending real money: sports stars are role models and the entire Olympic enterprise depends on the credibility of clean competition. For their part, the IFs need to stop fighting WADA over the truth, too -- athletes cheat because they can, and they do because performance-enhancing drugs work. To read the U.S. Anti-Doping Agency's "reasoned decision" in the Armstrong case is to sit down with a legal brief that reads like a John le Carré thriller. For its part, WADA needs to figure out what to do about a system in which doping tests prove almost nothing -- Marion Jones, a serial cheater, passed 160 tests without a problem, and Armstrong got through hundreds cleanly -- and far too many cases are marijuana-related positives, which burn up time and resource, and prove -- what? Illegal betting, meanwhile, represents the next systemic threat to the Olympic movement. The IOC -- along with police and prosecutors -- must make it clear, as Rogge has done, that it will tackle match fixing aggressively.

9. Make equality count

On the field of play, especially at the Summer Games, the IOC is nearing gender equity. In London, every nation sent female athletes -- a first. Women made up 44 percent of the competitors in London; that's up from 23 percent in Los Angeles in 1984. In Sochi next February, women will, finally, take part in ski jumping -- evidence, too, of how the IOC moves, if sometimes too slowly for some, toward increasing the number of women's events on the program. The next issue: the percentage of women in executive and management positions. Simply put, it is way too low. The NOCs, IFs, national federations and others within the movement originally set a target of reserving 20 percent of all decision-making positions for women by 2005; this objective was not met. The current numbers, based on survey responses from 110 of the 205 NOCs (a 53.7 percent rate -- itself showing that not enough take the matter seriously) and from 70.4 percent of the IFs: women account for only 4 percent of NOC presidents and 3.2 percent of IF presidents; as well 17.6 percent of the seats on NOC executive boards, 18 percent on IF boards. Those numbers must -- to repeat, must -- go up. Doubters? The IOC Charter -- rule 2, paragraph 7 -- declares that one of the roles of the IOC is to "encourage and support the promotion of women in sport at all levels and in all structures, with a view to implementing the principle of equality of men and women."

10. Communicate, communicate, communicate

The IOC needs a 21st century media department and press officer. Two reasons: 1. External communication is far too dependent -- almost to the point of ridiculous exclusion of everyone else -- on the wire services to get its message out. But the media landscape is changing -- if not changed already. Moreover, in far too many cases, the IOC -- for whatever reason -- can seem defensive in relaying whatever the message might be. That's mysterious. The IOC so often has a great story to tell. Again, it is the only enterprise rooted in ideals and values. 2. The IOC's internal communications system is so lacking that any number of members and staff have created their own ad hoc networks to find out what's what. Fixing both elements, external and internal communications, ought to be a pressing priority.

 

No surprise: Armstrong doesn't talk with USADA

Lance Armstrong declined Wednesday to tell what he knows about doping in cycling to the U.S. Anti-Doping Agency. Because here is the critical part. USADA would have had him talk under oath.

So, really, who is surprised?

Armstrong faces potential criminal and civil exposure. No way he was going to talk -- at least not while the truth, the whole truth and nothing but the truth could be used against him.

Intriguingly, Armstrong -- who sought in his televised interview with Oprah Winfrey to appear at least a little bit humble, a little bit contrite -- seemed through his lawyer, Tim Herman, to revert Wednesday right back to the sort of language that had for years come to characterize his position in dealing with the anti-doping authorities, the press and virtually anyone who challenged him.

Herman's statement started off by saying:

"Lance is willing to cooperate fully and has been very clear: He will be the first man through the door, and once inside will answer every question, at an international tribunal formed to comprehensively address pro cycling, an almost exclusively European sport."

Lance willing to cooperate fully? That would appear so commendable, right?

If only it didn't also seem so disingenuous.

For years, Armstrong kept his doping and bullying secret. Now, though, he would now be willing to tell all? Conveniently, he would be doing so at an international tribunal, likely offshore, where the reach of American law would not extend -- and those comments presumably would not be used against him in the same way as if they were made, under oath, back home.

In that way he would be the "first man through the door" and answering "every question"?

Just one further issue.

There is no such international tribunal. None exists. Maybe one will one day or maybe one won't.

It's hard to know, given the complex relationships among cycling's governing body, the UCI -- for which Armstrong has said he currently has little love, given the way it dropped him last fall -- along with the World Anti-Doping Agency and the International Olympic Committee.

So, again, what was this about?

And why the reference to cycling being a European sport? Why bring that up? Simply to play to what remains of Lance's American audience? Or -- to whom?

"We remain hopeful," the statement goes on to say, "that an international effort will be mounted, and we will do everything we can to facilitate that result. In the meantime, for several reasons, Lance will not participate in USADA's efforts to selectively conduct American prosecutions that only demonize selected individuals while failing to address the 95% of the sport over which USADA has no jurisdiction."

Demonize? Selected individuals?

To whom could those words be referring? Lance, obviously, right?

USADA's aim, of course, is full disclosure. It wants to know what he knows. That's just common sense. Wouldn't Armstrong stand to know as much as anyone about how to dope, and get away with it?

Plus, if ever there was a time to get him to talk, now would be it. Armstrong has finally been unveiled as a serial cheater. He has been stripped of his seven Tour de France titles.

Moreover, WADA told Armstrong that coming in to talk to USADA was the appropriate thing to do if, as USADA chief executive Travis Tygart put it in a statement of his own Wednesday, "he ever wanted to be part of the solution."

Now, though, look at it from Armstrong's point of view. What did he have to gain from talking with USADA?

In October, in making public the scope and extent of Armstrong's cheating, calling it the "most sophisticated, professionalized and successful doping program the sport has ever seen," USADA imposed on Armstrong a lifetime ban.

Armstrong, 41, wants to run in sanctioned triathlons. Cooperation with USADA might -- that's might -- get that life ban reduced to an eight-year ban. That means he'd be almost 50.

For someone used to being in control, used to dictating the terms of how the deal is going to go down, it's hardly surprising Armstrong decided in the end not to talk.

"At this time," Tygart said in his statement, "we are moving forward with our investigation without him and we will continue to work closely with WADA and other appropriate and responsible international authorities …"

That's not surprising, either. This matter is a long, long way from over.

 

Lance Armstrong under oath

As Lance Armstrong's interview with Oprah Winfrey nears, the World Anti-Doping Agency has made clear he must confess under oath to seek a reduction in the life ban announced in October for doping. Armstrong has testified under oath before. It may now shed light on his demeanor as well as his credibility to revisit comments he made under oath in 2006 in connection with a contentious contract dispute.

Like many if not most commercial arbitrations, the proceedings were held in confidence. Over the years, Armstrong's remarks nonetheless have made their way to the public record. That said, his testimony has perhaps not been extensively excerpted.

A Dallas company, SCA Promotions, Inc., had offered to pay Armstrong a bonus if he won the 2004 Tour de France. He did. The firm then resisted making the payment after allegations of doping surfaced. The matter proceeded to arbitration.

Under oath, Armstrong testified Jan. 12, 2006, in Dallas, before a three-person panel.

The case would be settled before the panel took action, SCA agreeing to pay the $5 million fee, plus interest and attorney costs, a total of $7.5 million.

In the aftermath of the U.S. Anti-Doping Agency report issued last October that said Armstrong doped to win the Tour de France titles from 1999 to 2005, SCA has made plain it wants its money back.

Armstrong was represented in the SCA matter by his longtime attorney, Tim Herman of Austin, Texas. SCA was represented by Jeffrey Tillotson, a Dallas lawyer.

Here are excerpts from Armstrong's Jan. 12, 2006, sworn testimony.

For context or comparison, some excerpts also contain information from the October USADA report.

--

Volume 7, p. 1346

Herman: Well, you've talked about professional cycling and, frankly -- I mean, not just in here but in the press, I mean, you've been called brash, you've been called direct, you've been called, you know, heartless, et cetera. Tell us -- how do you feel about those characterizations of your personality?

Armstrong: You know, we were competitive. We had one goal and one ambition and that was to win the greatest bike race in the world and not just win it once, but to keep winning it. And I suppose we could have been viewed as ruthless and evil and mean and cheaters and crooks and thieves and frauds, but we were not particularly remorseful to the people that came across us. We had this goal, this ambition, and we were asked to do that by our fans and by ourselves and by our sponsors and to perform and do our job.

--

p. 1355-56

Herman: In 1995, during the season, did you engage in any -- well, let me just ask you this, first of all, have you ever engaged in any performance enhancing, any prohibited substance?

Armstrong: No, never.

Herman: Ever?

Armstrong: Ever.

Herman: It's been suggested that individually certain members of the Motorola team began such a program in 1995.

Armstrong: Uh-huh.

Herman: Do you have any knowledge of that at all?

Armstrong: Well, only based on what I've heard through -- through situations like this or cases like this. You know, if you say individually, you know, I don't know if somebody individually beats their wife. I don't know if somebody individually takes EPO. I don't know. I can speak for myself and tell you that that  never -- on both counts. I would never beat my wife and I never took performance-enhancing drugs. But what riders do at home and in the privacy and comfort of their own home I can't comment on.

--

[Betsy Andreu, the wife of Frankie Andreu, an Armstrong teammate, testified that during an Indianapolis hospital visit in October, 1996, she heard Armstrong tell a doctor he took various banned drugs, including EPO]

p. 1366-67

Armstrong: We were in the room. I don't recall anybody coming in to take medical records, nor do I understand -- a couple of things, why they would have come in three days after brain surgery when they clearly would have taken medical records before, why they would have come in and asked those questions in front of your friends, specifically your mother, during a Cowboys game, and why I would have answered I've taken this, this, this and this when I've never taken performance-enhancing drugs. So when I put those together, I try to understand why that happened and I don't understand that.

--

USADA p. 31-2: On the first day of the [1999] Tour Lance seized the yellow jersey by winning the prologue. A few days later the USPS team was notified that Armstrong had had a corticosteroid positive. According to those who were there, Armstrong did not have a medical authorization at the time to use cortisone and the positive drug test set off a scramble.

… Emma O'Reilly was in the room giving Armstrong a massage when Armstrong and team officials fabricated a story to cover the positive test. Armstrong and the team officials agreed to have Dr. Del Moral backdate a prescription for cortisone cream for Armstrong which they would claim had been prescribed in advance of the Tour to treat a saddle sore. O'Reilly understood from Armstrong, however, that the positive test had not come from a topical cream but had really come about from a cortisone injection Armstrong received around the time of the Route du Sud a few weeks earlier.

p. 1369-70

Herman: It's been suggested that -- that you had a positive drug test for cortisone during the 1999 Tour de France. Explain to the panel what really happened.

Armstrong: Well, what really happened is what the test indicates is that I was given a topical cream for what we call a saddle sore, which is a -- I don't know how to describe a saddle sore, but it's common in cycling, if you sit on a bike all day long. A topical cream to alleviate that, to take the pain away, make it go away, and there were traces of cortisone found in the urine. Had that been a -- used for performance enhancing ways or means, you would have seen that in the test, but the test completely indicated topical cream.

Herman: And did the traces that showed up -- did they meet the threshold for a positive test in any event?

Armstrong: No.

Herman: It's been suggested by some that you scurried around and got a post-dated or predated prescription for your tropical cream; is that true?

Armstrong: Not -- no, not true.

--

p. 1377-78

[on the 2000 Tour de France]

Armstrong: … [B]asically, the entire [French law enforcement] investigation centered in and around the drug called Activogen [sic], which was carried for one of our staff members for whatever reason he needed it.

… Activogen, of course, was approved to bring into the country. That's the reason it was there for the staff member. They refused to acknowledge that. It didn't matter that their minister of health had stamped that approval. But this was a mysterious thing for them. They thought that this was some nefarious EPO substitute.

And that was the case …

USADA p. 43-45

Writing about the French investigation and the substance Actovegin on his website, Armstrong said:

'I will say that the substance on people's minds, Activ-o-something … is new to me. Before this ordeal I had never heard of it nor had my teammates.

… Actovegin was, in fact, and contrary to Armstrong's and the team's statements, regularly used by the riders on the team and was regularly administered by the team medical staff specifically because it was believed by the team medical staff that Actovegin would enhance a rider's athletic performance. Thus, it is apparent that Mr. Armstrong and the team intentionally issued false and misleading statements regarding the use to which Actovegin was put on the U.S. Postal Service team.

… In other words, if Lance Armstrong was willing to lie about Actovegin -- and he clearly did lie about Actovegin -- there is little reason to believe that Armstrong would not be willing to lie about other products and with regard to other topics.

--

[referring to a falling out in 2001 with three-time Tour de France champion Greg Lemond]

p. 1394

Herman: Did you, during that conversation, which I understand was as a result of being sad, as you put it, about those criticisms from Mr. Lemond, did you during that conversation admit to Mr. Lemond that you had engaged in some prohibitive [sic] conduct or had taken some prohibitive substance?

Armstrong: Of course not. No, I didn't. As I've said, I would not admit to a doctor or a friend or Greg Lemond that I had taken a substance when I have never taken them, nor would I call him to say why did you say that about me, oh, by the way I'm going to admit that to you. That would be in the ridiculous category, too. I called simply just to get an understanding for whether or not he did or didn't say that and it turned into really a nightmare of a conversation.

--

p. 1396-98

Herman: How -- how do you view your role now --

Armstrong: Uh-huh.

Herman: -- with respect to the work of your foundation and your involvement --

Armstrong: Uh-huh.

Herman: -- with either cancer victims or survivors or families?

Armstrong: Survivors. For me now that's my new peak. I mean, that's the thing where I need to be making the best use of my time and that's the place where I firmly believe that I can make a difference for the rest of time. You know, we are faced with -- not to get up here and preach, but since you asked, we're faced with a real dilemma here and a real predicament in that we are soon going to have the number one killer in America on our hands and the funds are decreasing as rapidly as the illness is increasing. And it's now my job, honestly, to change that.

And not just on a small level. We can do rides in Austin, we can do the Tour of Hope, but those raise millions of dollars. I'm talking about raising billions of dollars and the budget of the NCI is $4 billion and increasing. Iraq cost us five or 600 billion. It's time for this country to step up and realize that this is a serious killer and recommit ourselves. Not to get on my soapbox, but that's a priority for me and I want to make a difference there. We have seen people use their careers for -- success in their careers for the good of mankind and they can leverage that sometimes and I hope to do that. That's why this stuff is so unfortunate.

Herman: This stuff --

Armstrong: This stuff.

Herman: -- being?

Armstrong: This room. This stuff that we have to listen to, the stuff that the panel us going to have to listen to. It's not true, it's not fair, it's not morally responsible, and it would ultimately -- you know, if this courtroom was on CSPAN or was on CNN or Court TV it would have a drastic effect on what I'm trying to do off the bike. And, of course, this is not -- that's not the case fortunately, but I'm personally offended by that. And I think we all would be if you were in my shoes or my position because, as I said we have a lot of choices to make every day in how to use our time and this isn't my idea of a good time. I race the bike straight up fair and square. Yeah, there are questions, good performance is a question. But this stuff we are going to see in here it goes beyond.

--

p. 1402-03

Herman: If someone -- there was a suggestion that you had made a -- a contribution to the UCI or the International Cycling Federation -- or Union?

Armstrong: Union.

Herman: Why did you do that and was there -- did you receive any preferential treatment as a result?

Armstrong: Well, I never received preferential treatment. The UCI is not a cash rich organization, they struggle on an annual basis with budgets and boards and directors and just getting by like a lot of companies and organizations and governing bodies. So, yeah, I made a contribution there to help them fund and fight the war against drugs or doping.

Of course, that's been viewed as Al Capone buying police cars for the Chicago police department, too, but it's not that. It's not -- there's other things that are right in line with that.

Herman: Is there anything improper at all about making a contribution to help fund an anti-doping program?

Armstrong: I would hope not. In -- in fact, I encouraged other athletes to do the same and I don't think anybody else did.

--

p. 1403-04

Herman: All right. Let me -- let me change topics with you. Dr. Ferrari's name has been thrown around here and, you know, without engaging in hyperbole, I think the suggestion has been that Dr. Ferrari is a -- is a doping doctor and that anyone who deals with Dr. Ferrari is a doper. You've heard that before?

Armstrong: I've heard that.

… Of course, he came here as in Europe with a bit of a dodgy reputation. All we can do is evaluate that by what we know and what we see and what we are told. We never had any reason to believe that this guy is dirty. In fact, we had reason to believe the opposite.

--

p. 1411

Herman: But I guess the fundamental question is, did Dr. Ferrari ever prescribe, administer or suggest any kind of a drug or doping program for you?

Armstrong: He did not.

USADA p. 47: … The evidence is overwhelming that from 1999 through 2005 Michele Ferrari played a major role with the U.S. Postal Service/Discovery Channel team and in Lance Armstrong's doping program.

--

p. 1414-15

Herman: There has been a suggestion that a research project undertaken by someone in Europe in 2005 revealed the presence of exogenous EPO in urine samples that had been frozen since 1999.

Armstrong: Well, when I gave the sample, there was no EPO in the urine … I'll go to my grave knowing that when I urinated in the bottle, it was clean.

USADA p. 33: For the first two weeks of the [1999] Tour, Armstrong, [Tyler] Hamilton and [Kevin] Livingston "used EPO every third or fourth day." The EPO was already loaded in syringes upon delivery and the riders "would inject quickly and then put the syringes in a bag or Coke can and Dr. del Moral would get the syringe out of the camper as quickly as possible."

--

under cross-examination

[referring to an exhibit, an April 2001 Armstrong statement]

p. 1418-19

Tillotson: I'm sorry. Let me direct your attention to the fourth paragraph down, Mr. Armstrong. Last sentence of that paragraph. You say, I welcome the continued testing so there will be no doubt that neither I nor any member of my team did or took anything illegal, right?

Armstrong: Yes.

Tillotson: And to say such a statement you have to have some confidence that your team members are not using performance-enhancing drugs, correct?

Armstrong: That's why we turned over the samples.

--

p. 1420-22

[referring to a statement on The Paceline, a team website]

Tillotson: Okay. And you said in this statement that I showed one thing clear, I believe in clean and fair competition and, as I said before, I do not use and have never used performance-enhancing drugs. Do you see that?

Armstrong: I see that.

Tillotson: And that kind of statement has been made by you throughout the course of your career from 1999 through January of 2005, fair?

Armstrong: Correct.

Tillotson: … And it's not just in response to a particular allegation I mean, when you write things like in your book, It's Not About the Bike, you certainly say in your book that you had never used performance-enhancing drugs, correct?

Armstrong: Right.

Tillotson: And that wasn't really in response to any particular charge, it was a statement about yourself in this book?

Armstrong: The book -- the book was written and authored just after the first Tour and there was a lot of talk not just in France, but all over the world about the drugs, about what happened in '98, about their disbelief and what could happen in '99. So, you know, I think that's in response, too.

Tillotson: So that the public will know your side of the story regarding some of these charges and allegations?

Armstrong: Yes.

Tillotson: Fair?

Armstrong: We always like the public to know our side of the story, all of us do.

--

p. 1425

Tillotson: And one of the reasons it's true, is it not, that your sponsors don't call you and ask these kinds of questions is because you've made your position regarding the non-use of drugs perfectly clear in the media?

Armstrong: I've -- I've made what I know to be the truth to be perfectly clear to the media.

--

[on the incident in October, 1996, in the Indianapolis hospital]

p. 1447

Tillotson: Now, I believe you said in your deposition and -- I asked you then and I'll ask it here in these proceedings, why Betsy Andreu would lie about a serious thing as your supposed admission of performance-enhancing drugs, and I believe your response was that she doesn't like you. Is that fair?

Armstrong: Well, I think my response was and that was at the deposition she looked me right in eye [sic] and she said, oh, no, I hate him, which is -- is a little different than I just don't like him.

Tillotson: It was --

Armstrong: It was venomous.

Tillotson: All right. Venomous, okay.

It is your testimony, then that she -- she's making the story up and she must be doing it out of dislike, hate, venom for you?

Armstrong: That's right, yes.

Tillotson: And her husband, of course, has corroborated the story?

Armstrong: I understand that.

Tillotson: And he doesn't hate you, does he?

Armstrong: I don't know. I don't think so. He -- there's something there with his -- as I told you -- and I love how you isolated that in the pre-hearing brief -- to protect his old lady, but there's something there with that relationship that I'm not real clear on.

Tillotson: Well, I think you told me in your deposition that you didn't really know Betsy that well?

Armstrong: Well, I learned early on that I didn't want to get to know her very well.

--

p. 1474-75

Tillotson: Okay. Now, Mr. Andreu testified in his deposition that at one point you showed him some pills that you took during a race and talked about when you would take them. Have you seen that testimony?

Armstrong: I have not seen it, but I heard about it.

Tillotson: You were asked in your deposition by Mr. Herman and I don't think we heard an explanation for what those pills were. Do you know what those pills were?

Armstrong: Did we cover that? I think we did go back and cover it, but, I have to confess, I'm -- if you want a confession, I'm a bit of a coffee fiend. That's the extent of my performance-enhancing drugs.

Tillotson: Is it your testimony that those pills were caffeine pills?

Armstrong: That's my testimony. And I --

Tillotson: You would have taken several caffeine pills during intervals of a race?

Armstrong: Yeah, which are, to the panel, not banned -- well, they are banned to a certain degree, but I would -- I certainly would never approach that level.

--

[Canadian lawyer Dick Pound was at the time the head of the World Anti-Doping Agency]

p. 1480

Tillotson: You've had some rocky relations with WADA, have you not, with Mr. Pound?

Armstrong: No. I've asked Mr. Pound to be fair and open and honest and somewhat respectful of what cycling has done over the years. I think -- I mean, I'm sure we will see the testimony, cycling has done more than any endurance sport to fight doping. I've -- that's what I've asked Dick to do is just acknowledge that there could be a problem. Let's get the cheaters, punish them hard. But you have to recognize that no sport has done what cycling has done.

--

p. 1483

Armstrong: … And they've been coming for years -- man, they've been coming for years after me. And this may be -- they may say oh, we got it. They didn't.

--

re-direct examination

p. 1491

Herman: Did you -- have you ever, Mr. Armstrong, ever wavered in your unqualified support for stringent drug testing and penalties?

Armstrong: Never.

 

USADA's 'overwhelming' case against Lance Armstrong

On Wednesday, at my kids' school, at the outdoor amphitheater with the sun shining bright in the brilliant blue of an October California morning sky, I had the privilege of moderating a panel at which four U.S. Olympians spoke about dreams, goals, hard work and effort. Steve Lewis, the 1988 gold medalist in the 400 meters, delighted everyone with the tale of how he won when nobody thought he could. Courtney Mathewson talked about how the 2012 U.S. women's water polo team came together to win gold for the very first time. Nicole Davis, the U.S. women's volleyball libero, spoke about how persistence and effort had driven her and the team to silver in 2008 and 2012.

And Alexi Lalas, who played on the 1992 and 1996 soccer teams and is now an ESPN analyst, reminded everyone that winning isn't everything. It's the taking part. It's the struggle, the journey. It's -- the dream.

At the end of the program, we allotted 20 minutes for photos and autographs. You should have seen the kids, and even the grown-ups, rush down with their iPhones, their cameras and their pens and paper.

It's important to put all of that front and center on a day like Wednesday, when the U.S. Anti-Doping Agency set forth in black and white the details of the "overwhelming" case against Lance Armstrong.

It's far too easy to make the case against Armstrong what, on one level, it is: a simple legal matter.

But that's not what it's about.

It's about something much, much bigger.

It's about changing the culture of sport.

That change has to happen so that we can all get back to what really matters: dreams, and goals, and autographs and pictures.

Doping is cheating. Cheating is wrong. There's no grey there.

Only by breaking through the code of silence in cycling, the "omertà,"  and getting those who had made bad choices to acknowledge them -- that, from the start, has always been USADA's ambition.

The document made public Wednesday marks a major step forward.

To be clear, none of the evidence detailed by USADA was obtained by the U.S. grand jury inquiry in Los Angeles involving Armstrong that was closed in February without the filing of any charges. Again -- none. USADA said Wednesday it had asked for copies of non-grand jury evidence but has gotten nothing.

Instead, it said, after that inquiry closed it launched its own and came to an unequivocal conclusion:

"… Lance Armstrong and his handlers engaged in a massive and long running scheme to use drugs, cover their tracks, intimidate witnesses, tarnish reputations, lie to hearing panels and the press and do whatever was necessary to conceal the truth."

The evidence against Armstrong, USADA emphasized, is "beyond strong; it is as strong as, or stronger than, that presented in any case" in USADA's 12-year existence.

USADA got to that point by offering everyone the same proposition:

Cycling has a doping problem. Meet with us. Change the culture. Be part of the solution.

Others took them up on that offer: Frankie Andreu, Michael Barry, Tom Danielson, Tyler Hamilton, George Hincapie, Floyd Landis, Levi Leipheimer, Stephen Swart, Christian Vande Velde, Jonathan Vaughters, David Zabriskie.

Armstrong did not.

The level of detail in the USADA document can be astonishing.

In 1999, Hamilton told USADA, Armstrong won the Tour by using the banned blood-booster EPO "every third or fourth day."

In 2000, with rumors of a new test for EPO abounding, Hamilton said that 500 cc's of blood taken out earlier that year at a hotel in Valencia, Spain, went back in on the evening of Tuesday, July 11, in the Hôtel l’Esplan in Saint-Paul-Trois- Châteaux near Mount Ventoux; Hamilton said that he, Kevin Livingston and Armstrong -- the three best hill-climbers on the team and thus the three who were getting the transfusions -- "joked about whose body was absorbing the blood the fastest.”

Hincapie, meanwhile, is a five-time Olympian, long considered Armstrong's most trusted lieutenant, the only rider with Armstrong on all seven of Armstrong's winning Tour teams from 1999-2005.

USADA said Hincapie testified that he was aware of Armstrong's use of the blood-booster EPO and blood transfusions; that Armstrong provided EPO to him, Hincapie, for his own use; that Hincapie, like Armstrong, was a client of the Italian Dr. Michele Ferrari, who incorporated EPO and blood-doping into Hincapie's training program.

On his own website, Hincapie issued a statement that said he had doped but been clean since 2006. Two years ago, he said, he had been approached by U.S. federal investigators; more recently, by USADA. He said he "understood that I was obligated to tell the truth about everything that I knew. So that is what I did."

Ferrari is blandly described in the document as a "consultant" to pro cyclists.

The evidence, according to USADA, further includes banking and accounting records from a Swiss company controlled by Ferrari reflecting more than $1 million in payments by Armstrong; extensive e-mails back and forth between Ferrari and his son and Armstrong during a time period when Armstrong claimed not to be in touch; and a "vast amount of additional data," including lab test results and expert analysis of Armstrong's blood work.

Vande Velde, in a statement on his website posted Wednesday, said, "Ironically, I never won while doping. I was more or less treading water. This does not make it OK. I saw the line and I crossed it, myself. I am deeply sorry for the decisions I made in the past -- to my family, my fans, my peers, to the sport that I love and those in and out of it -- I'm sorry. I always will be."

Barry, in a statement posted Wednesday on his site, said, "As a boy, my dream was to become a professional cyclist who raced at the highest level in Europe." He signed his first contract with the U.S. Postal team in 2002: "Soon after I realized reality was not what I had dreamed. Doping had become an epidemic problem in professional cycling."

He went on to say that he doped, that he regretted it and that in 2006 he became a "proponent of clean cycling," adding, "I apologize to those I deceived … I will work hard to regain people's trust."

It would have been unthinkable to see such confessions made public even just weeks ago -- before USADA's case against Armstrong.

The USADA document released Wednesday, formally called a "reasoned decision," runs to more than 200 pages. It will be further dissected, and appropriately, in the days and weeks to come.

What matters most is that it's out there. As it says on page five: "It is important that facts relating to doping not be hidden from public view so that there is confidence in case outcomes and sport can learn from each case."