Senin, 20 Agustus 2012

Judge tosses Armstrong's lawsuit

Lance Armstrong speaks to reporters in April in Roubaix, France.
Lance Armstrong speaks to reporters in April in Roubaix, France.
  • NEW: The judge says agencies' squabbles may hurt cycling, but won't lead courts to act
  • The U.S. Anti-Doping Agency accuses Armstrong of using performance-enhancing drugs
  • The 7-time Tour de France winner denies the claims, suing to ask a judge to halt the case
  • A judge rules against Armstrong, stating "this Court cannot interfere" in the case

(CNN) -- A federal judge on Monday dismissed the latest lawsuit filed by champion cyclist Lance Armstrong aimed at halting the U.S. Anti-Doping Agency's case against him.

"This Court cannot interfere, contrary to both the will of Congress and Armstrong's agreement to arbitrate, on the basis of a speculative injury," U.S. District Judge Sam Sparks wrote.

The USADA -- a quasi-government agency recognized as the official anti-doping agency for Olympic, Pan American and Paralympic sports in the United States -- has accused Armstrong of using, possessing, trafficking and giving to others performance-enhancing drugs, as well as covering up doping violations.

Lance Armstrong refiles suit against anti-doping agency

Seven-time Tour de France champion Lance Armstrong has denied numerous accusations of doping over the years. Look back at his record-setting career.Seven-time Tour de France champion Lance Armstrong has denied numerous accusations of doping over the years. Look back at his record-setting career.
Armstrong, 17, competes in the Jeep Triathlon Grand Prix in 1988. He became a professional tri-athlete at age 16 and joined the U.S. National Cycling Team two years later.Armstrong, 17, competes in the Jeep Triathlon Grand Prix in 1988. He became a professional tri-athlete at age 16 and joined the U.S. National Cycling Team two years later.
In 1995, Armstrong wins the 18th stage of the Tour de France. He finished 36th overall and finished the race for the first time that year.In 1995, Armstrong wins the 18th stage of the Tour de France. He finished 36th overall and finished the race for the first time that year.
Armstrong rides for charity in May 1998 at the Ikon Ride for the Roses to benefit the Lance Armstrong Foundation. He established the foundation to benefit cancer research after being diagnosed with testicular cancer in 1996. After treatment, he was declared cancer-free in February 1997.Armstrong rides for charity in May 1998 at the Ikon Ride for the Roses to benefit the Lance Armstrong Foundation. He established the foundation to benefit cancer research after being diagnosed with testicular cancer in 1996. After treatment, he was declared cancer-free in February 1997.
Armstrong leads his teammates during the final stage of the 1999 Tour de France.Armstrong leads his teammates during the final stage of the 1999 Tour de France.
Armstrong takes his honor lap on the Champs Elysees in Paris after winning the Tour de France for the first time in 1999.Armstrong takes his honor lap on the Champs Elysees in Paris after winning the Tour de France for the first time in 1999.
After winning the 2000 Tour de France, Armstrong holds his son Luke on his shoulders.After winning the 2000 Tour de France, Armstrong holds his son Luke on his shoulders.
Armstrong rides during the 18th stage of the 2001 Tour de France. He won the tour that year for the third consecutive time.Armstrong rides during the 18th stage of the 2001 Tour de France. He won the tour that year for the third consecutive time.
Armstrong celebrates winning the 10th stage of the Tour de France in 2001.Armstrong celebrates winning the 10th stage of the Tour de France in 2001.
After winning the 2001 Tour de France, Armstrong presents President George W. Bush with a U.S. Postal Service yellow jersey and a replica of the bike he used to win the race.After winning the 2001 Tour de France, Armstrong presents President George W. Bush with a U.S. Postal Service yellow jersey and a replica of the bike he used to win the race.
Armstrong celebrates on the podium after winning the Tour de France by 61 seconds in 2003. It was his fifth consecutive win.Armstrong celebrates on the podium after winning the Tour de France by 61 seconds in 2003. It was his fifth consecutive win.
Jay Leno interviews Armstrong on "The Tonight Show" in 2003. Jay Leno interviews Armstrong on "The Tonight Show" in 2003.
After his six consecutive Tour de France win in 2004, Armstrong attends a celebration in his honor in front of the Texas State Capitol in Austin.After his six consecutive Tour de France win in 2004, Armstrong attends a celebration in his honor in front of the Texas State Capitol in Austin.
Armstrong arrives at the 2005 American Music Awards in Los Angeles with his then-fiancee Sheryl Crow. The couple never made it down the aisle, splitting up the following year.Armstrong arrives at the 2005 American Music Awards in Los Angeles with his then-fiancee Sheryl Crow. The couple never made it down the aisle, splitting up the following year.
Armstrong holds up a paper displaying the number seven at the start of the Tour de France in 2005. He went on to win his seventh consecutive victory.Armstrong holds up a paper displaying the number seven at the start of the Tour de France in 2005. He went on to win his seventh consecutive victory.
As a cancer survivor, Armstrong testifies during a Senate hearing in 2008 on Capitol Hill. The hearing focused on finding a cure for cancer in the 21st century.As a cancer survivor, Armstrong testifies during a Senate hearing in 2008 on Capitol Hill. The hearing focused on finding a cure for cancer in the 21st century.
In 2009, Armstrong suffers a broken collarbone after falling during a race in Spain along with more than a dozen other riders.In 2009, Armstrong suffers a broken collarbone after falling during a race in Spain along with more than a dozen other riders.
Young Armstrong fans write messages on the ground using yellow chalk ahead of the 2009 Tour de France. He came in third place that year.Young Armstrong fans write messages on the ground using yellow chalk ahead of the 2009 Tour de France. He came in third place that year.
Armstrong launches the three-day Livestrong Global Cancer Summit in 2009 in Dublin, Ireland. The event was organized by his foundation.Armstrong launches the three-day Livestrong Global Cancer Summit in 2009 in Dublin, Ireland. The event was organized by his foundation.
In May 2010, Armstrong crashes during the Amgen Tour of California and is taken to the hospital. That same day, he denied allegations of doping made by former teammate Floyd Landis.In May 2010, Armstrong crashes during the Amgen Tour of California and is taken to the hospital. That same day, he denied allegations of doping made by former teammate Floyd Landis.
Ahead of what he said would be his last Tour de France, Armstrong gears up for the start of the race in 2010.Ahead of what he said would be his last Tour de France, Armstrong gears up for the start of the race in 2010.
Armstrong finishes 23rd in the 2010 Tour de France. He announced his retirement from the world of professional cycling in February 2011. He said he wants to devote more time to his family and the fight against cancer.Armstrong finishes 23rd in the 2010 Tour de France. He announced his retirement from the world of professional cycling in February 2011. He said he wants to devote more time to his family and the fight against cancer.
Armstrong's son Luke; twin daughters, Isabelle and Grace; and 1-year-old son, Max, stand outside the Radioshack team bus on a rest day during the 2010 Tour de France.Armstrong's son Luke; twin daughters, Isabelle and Grace; and 1-year-old son, Max, stand outside the Radioshack team bus on a rest day during the 2010 Tour de France.
The frame of Armstrong's bike is engraved with the names of his four children at the time and the Spanish word for five, "cinco." His fifth child, Olivia, was born in October 2010.The frame of Armstrong's bike is engraved with the names of his four children at the time and the Spanish word for five, "cinco." His fifth child, Olivia, was born in October 2010.
In February 2012, Armstrong competes in the 70.3 Ironman Triathlon in Panama City. He went on to claim two Half Ironman triathlon titles by June. He got back into the sport after retiring from professional cycling. In February 2012, Armstrong competes in the 70.3 Ironman Triathlon in Panama City. He went on to claim two Half Ironman triathlon titles by June. He got back into the sport after retiring from professional cycling.
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
Lance Armstrong over the years
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Photos: Lance Armstrong over the yearsPhotos: Lance Armstrong over the years
Lance Armstrong victim of vendetta?
Lance Armstrong faces new doping claims
2011: Armstrong teammate speaks out

The seven-time Tour de France winner asked the court for action against the USADA for a host of reasons, having maintained he's never tested positive for performance-enhancing drugs and accusing the USADA and its CEO, Travis Tygart, of being out to get a "big fish" to justify the agency's existence.

Armstrong did not have an immediate reaction to Monday's decision on his Facebook or Twitter pages, which he often updates several times daily, and his representatives did not immediately respond to CNN requests for comment.

In his ruling, Judge Sparks ruled that Armstrong's assertions that he unfairly didn't have the right to due process "fail as a matter of law, and must be dismissed."

The judge also refused to side with the cyclist on his other claims, including that the USADA should not have jurisdiction in his case.

He noted that federal law dictates that eligibility questions for cycling and other such sports should "be decided through arbitration, rather than federal lawsuits." Armstrong, the judge pointed out, "has not exhausted his internal remedies, namely ... procedures in the USADA protocol."

"Even if the Court has jurisdiction over Armstrong's remaining claims, the Court finds they are best resolved through the well-established system of international arbitration, by those with expertise in the field, rather than by the unilateral edict of a single nation's courts," stated Sparks, a judge in the U.S. district court based out of Austin, Texas.

Armstrong had filed a lawsuit against the USADA in July, only to have it thrown out a day later by Sparks. At that time, the judge wrote that the cyclist's case was was full of legally irrelevant claims "included solely to increase media coverage of this case" and stir up hostility toward the USADA.

The suit was refiled the following day, once again urging the court to file an injunction against the USADA but 55 pages shorter than the original.

The 40-year-old Armstrong faces a lifetime ban and could be stripped of his Tour de France victories if found guilty by the USADA. Armstrong won the tour each year from 1999 to 2005, most of those for a team sponsored by the U.S. Postal Service. He retired twice from cycling -- first in 2005, for four years, and again in 2011.

3 former Armstrong associates banned for life

In a June letter to Armstrong, a copy of which was obtained by CNN, the USADA said it collected blood samples from Armstrong in 2009 and 2010 that were "fully consistent with blood manipulation including EPO use and/or blood transfusions."

EPO, or erythropoietin, boosts the number of red blood cells, which carry oxygen to the muscles.

Armstrong isn't the only one challenging the USADA and its case. The International Cycling Union -- whom the Texan has said should be the arbiter in his case -- has opposed the American agency's actions by claiming it has jurisdiction. That position has been recently backed by USA Cycling, the official cycling organization recognized by the U.S. Olympic Committee.

Sparks, the U.S. federal judge, acknowledged "the appearance of conflict on the part of both organizations creates doubt the charges against Armstrong would receive fair consideration in either forum." But that doesn't mean U.S. courts should intervene, the judge said, adding "these matters should be resolved internally, by the parties most affected."

"If these bodies wish to damage the image of their sport through bitter infighting, they will have to do so without the involvement of the United States courts," Sparks said.

Armstrong has been dogged by allegations of drug abuse in recent years, with compatriot Floyd Landis -- who was found guilty of doping in the 2006 Tour de France, resulting in him being stripped of the title -- making a series of claims last year.

Armstrong came out fighting in May 2011, in the face of fresh allegations made on CBS News' "60 Minutes" show by another American, Tyler Hamilton. In the CBS interview, Hamilton -- who retired in 2009 after twice testing positive himself and who, earlier this month, was stripped of his 2004 gold medal by the International Olympic Committee due to doping -- said he first saw Armstrong use EPO in 1999.

"I saw it in his refrigerator," Hamilton said. "I saw him inject it more than one time like we all did, like I did many, many times."

The latest lawsuit filed by Armstrong, and dismissed Monday, claimed that Armstrong hasn't had "a single positive test" in the 500 to 600 drug tests he's taken in his over two decades in cycling.

In February, Justice Department prosecutors said they closed a criminal investigation after reviewing allegations against Armstrong. They had called witnesses to a federal grand jury in Los Angeles, but they apparently determined they lacked evidence to bring a charge that Armstrong used performance-enhancing drugs.

Armstrong has won two half-distance Ironman events this year, and he is suspended from World Triathlon Corporation competitions. The world championships will be held in October in Hawaii. He was a U.S. triathlon champion as a teenager.

Judge blasts Armstrong, tosses lawsuit against anti-doping agency

Tour de France cyclist Remy Di Gregorio arrested amid doping claims

CNN's David Close contributed to this report.

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