Saturday, October 20, 2012

Johan Bruyneel, Pat McQuaid, and the Reasoned Decision

Johan Bruyneel, apparently the last hope for the accused to present a defense in the sordid U.S. Postal doping conspiracy was terminated from team Radio Shack by mutual agreement after the overwhelming evidence presented in the USADA Reasoned Decision.  Johan Bruyneel stated that he did not want the conflict of the pending arbitration to distract the team.

This is a familiar pattern, first there is an accusation, the accused loses his job, then the arbitration process is extended for years by obstructionist prosecution tactics designed to suppress evidence from the defense.  Of course, anti-doping agencies with lavish taxpayer funded budgets have no incentive to ensure a speedy trial for the defendant.  Extended arbitration ensures favorable extended press releases for the anti-doping agencies at the expense of the defendant and serves to justify the taxpayer funded budgetary largess, even if the prosecution tactics ensures financial destitution for the defendant.  As Richard Young stated in the Bloomberg Businessweek article; if the defendant is stupid enough to proclaim his or her innocence they are "opening the door" to attack, even if this attack amounts to a USADA smear campaign, deliberate manipulation of public opinion, and to a virtual gutting of Richard Young's precious World Anti-Doping Code.

Richard Young has a strange attitude in his recommendation to the UCI not to appeal the Reasoned Decision to the Court of Arbitration of Sport, but to declare the Decision "a job well done."  Of course, the Reasoned Decision is a well done hatchet job which accuses the UCI of being complicit in a falsification of a Lance Armstrong positive test for rEPO during the 2001 Tour of Switzerland, and of accepting payola in the form of bribes from Lance Armstrong to cover up the test results.  Frankly, if the UCI were to follow the advice of Richard Young, this would be tantamount to pleading "no contest" to the accusations.  If this is the case, then Pat McQuaid should resign effective immediately.

Of course, the graft and corruption the UCI is accused of is trivial compared to the issue of the wavier of the statute of limitations that Travis Tygart has dictated from his office in a prosecutorial decree reminiscent of a state declaration by Kim Jong Il.   USADA has no legal right to waive the statute of limitations without the waiver being arbitrated. The UCI has no option but to argue against the waiver of the statute of limitations in arbitration, because to do otherwise would constitute one of the most infamous acts of legal subterfuge ever perpetrated on a free world since the arbitrary illegal actions of the French Citizen Courts during Maximilien Robespirre's  Reign of Terror.  During the Reign of Terror, French Citizen Courts ordered arbitrary executions and deportations of the aristocracy without restraint or oversight.  If Pat McQuaid is unwilling to protect cyclists against illegal arbitrary abuse of power by individual anti-doping agencies then he should resign now.







 


No comments: