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CYCLING
Forensics

USADA on Armstrong: Evidence will 'speak for itself'

Brent Schrotenboer, USA TODAY Sports
  • Armstrong attorney sends critical letter to USADA Tuesday just as the agency prepares to release evidence
  • USADA's reasoned decision is expected to be sent by Monday to the International Cycling Union (UCI)
  • After receiving the file, UCI has 21 days to appeal USADA decision to sanction the legendary cyclist

Lance Armstrong's attorney on Tuesday unleashed another written attack against the U.S. Anti-Doping Agency β€” a preemptive shot that blasts the evidence the agency is expected to release soon about the cyclist.

In a letter Tuesday to USADA attorney Bill Bock, Armstrong attorney Tim Herman called the agency's case a "farce" based on evidence from "serial perjurers" and those who were coerced through "threats and sweetheart deals." Herman sent the missive just as USADA is preparing to release its "reasoned decision" and evidence to show why it gave Armstrong a lifetime ban and stripped him of his seven Tour de France titles.

USADA responded it was handling the case properly.

Lawyers for Lance Armstrong, shown here after he competed in the Half-Full triathlon to benefit the Ulman Cancer Fund for Young Adults in Maryland last weekend, are again arguing in a letter that the U.S. Anti-Doping lacks jurisdiction to sanction the cyclist.

"The rules require us to provide a reasoned decision in every case, and we are happy to let the evidence speak for itself," USADA spokeswoman Annie Skinner said Tuesday.

USADA has previously said it expects to send its case file to the International Cycling Union (UCI) by Monday. The report to UCI is part of a process started in August, when Armstrong opted not to fight USADA's doping charges in arbitration, calling it an "unconstitutional witch hunt." His decision was regarded as a "no contest" plea by USADA, triggering automatic sanctions.

After receiving the report, UCI has 21 days to appeal USADA's decision.

"This reasoned decision will be a farce, written by USADA with the significant assistance of lawyers from one of Big Tobacco's favorite law firms at a time when Lance Armstrong is one of America's leading anti-tobacco advocates," Herman wrote. "While USADA can put lipstick on a pig, it still remains a pig."

One of USADA's law firms, Bryan Cave LLP, has represented tobacco interests. Armstrong earlier this year supported California's Proposition 29, a cigarette tax initiative rejected by voters in June.

Herman repeated familiar arguments, even those that have been rejected in court. The attorney said Armstrong never failed a drug test, that USADA lacks jurisdiction over his client and that its charges exceed the eight-year statute of limitations.

U.S. District Judge Sam Sparks upheld USADA's jurisdiction in August, noting that Armstrong agreed to the testing program and arbitration as conditions of his cycling license. The judge noted other concerns he had with the initial charging document USADA sent to Armstrong, though Sparks allowed the deficiencies could be corrected.

USADA has accused Armstrong and team officials of using banned drugs and blood transfusions for several years to boost his performance. USADA CEO Travis Tygart said the team used sophisticated techniques to avoid testing positive and noted that there is no test for blood transfusions. To build its case, USADA relied on witness testimony and blood evidence suggestive of doping.

Many of the witnesses are fellow riders, including confessed dopers Floyd Landis and Tyler Hamilton. Herman called them "serial perjurers."

Herman wrote that "fair-minded people will see whatever USADA issues is far from a 'reasoned decision' and is instead further evidence of the vendetta by USADA and its talebearers seeking publicity by targeting Mr. Armstrong, his business relations and the Lance Armstrong Foundation."

Because of his lifetime ban, Armstrong has been unable to participate in sanctioned sporting events, including his new sport of triathlons. He instead has participated in events that aren't sanctioned by national governing bodies, including triathlons he won the past two weekends in Maryland and California.

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