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wayneflorida

Baseball's Roger Clemens acquitted of all charges

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I'm fascinated by the entire process of doping and the investigations. It weaves together several things I am interested in (sports, particularly endurance sports; law; philosophy).

There is no doubt in my mind that Clemens used performance enhancing drugs. The government's lack of ability to convict on perjury looks to me to support several related conclusions:

1. Perjury is a difficult charge to prove. Much more difficult to prove than doping.

2. Although there is a lot of hype about the winning percentage of federal prosecutors, it is clear to me that this is based on cherry-picking their cases and typically having the defense massively outgunned on resources. Clemens and Bonds (mostly) were not able to be convicted because they could afford as many resources as the government could.

3. People, including jurors, don't think the court is the proper place to regulate doping in sports. Although I did not follow ever minute of the trial and am making a few interpretations, it looks to me as though there was at least a bit of jury nullification involved. The government comes off looking like a bully. Juries don't like bullies. I think in general people don't think regulating doping in sports (which is after all, only entertainment for most people) is a wise or proper use of government resources.

I'm interested to see some of these same dynamics at work in the Armstrong case as well, although that is before a sports panel only, as the government dismissed the Grand Jury and concluded the investigation. Nonetheless, Lance has a very powerful PR machine that paints USADA as an agency of the government who are unrelenting bullies misusing tax dollars.
"What if there were no hypothetical questions?"

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Q1- is doping illegal?

Q2- if not, what's congress doing messing with it anyway?

Q3- who are the USADA and on what legal authority are they trying to strip anyone of titles, particularly when those titles were earned in a foreign country?

The French went after Lance for years and came up empty every time.



Q4 - Why isn't this sporting/politico Bullshit in Speakers Corner?
You are not now, nor will you ever be, good enough to not die in this sport (Sparky)
My Life ROCKS!
How's yours doing?

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Q1- is doping illegal?

Q2- if not, what's congress doing messing with it anyway?

Q3- who are the USADA and on what legal authority are they trying to strip anyone of titles, particularly when those titles were earned in a foreign country?

The French went after Lance for years and came up empty every time.



A1: doping may or may not be illegal, depending on how it is done. My understanding is that some or most of Roger Clemens doping was done without a prescription, so it would be illegal.

A2: Whether it is legal or not I don't think Congress should have anything to do with it. Other people may have other opinions. Their legal theory for holding hearings was as oversight of baseball's antitrust exemption. I think that is BS but congress did not ask my opinion.

A3: USADA is the US Anti-Doping Agency. They are an affiliate of the World Anti-doping Agency, just as other countries have their own anti-doping authority. They are not a government agency but are the testing agency for Olympic sports here in the USA. I do not fully understand all of the jurisdiction issues on how all of these agencies cooperate across borders but they all subscribe to the same code, etc. I do not believe USADA can strip Lance of his titles, I believe that decision would be up to Amaury Sport Organisation, which owns the Tour De France but I could be wrong on some of the technicalities.
"What if there were no hypothetical questions?"

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