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RE: Jarrion Lawson tests positive for steroid - He's fighting it using a version of the Ajee Wilson excuse
As a lawyer, I understand the basis for, and reasoning of, the Wilson decision—but it rests upon a firm belief that Wilson’s testimony was credible. In this case, that determination requires a finding of fact that the alleged ingestion of beef actually took place as described by the ahlete, and that such ingestion might reasonably result in the metabolite concentration found in the AAF.
I don’t see how, without some affirmative evidence, the latter finding is legally sound, otherwise it would be putting the cart before the horse...that is, it would rest upon the conclusion that the athlete is credible, rather than being used to assess that very credibility.
There must be some such evidence, somewhere. Either that, or the USADA determination is legally flawed.
The problem as I see it is that USADA uses a plausibility standard to judge the sufficiency of an excuse advanced by an athlete—that is, all the athlete has to do is to make the excuse with some supporting factual evidence, then the ball is in USADA’s court to investigate and find that the proferred excuse is implausible. This requires work, time, and budget, which the USADA will always claim is in short supply.
This is why we get excuses like tainted meat and kissing. But IMO the athlete should have to first adduce evidence other than their own testimony that the excuse is at all plausible.
Are you guys sure that there is no evidence for these levels of metabolites of either this, or of Clen, arising from the ingestion of commercially-available meats?
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