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Dr. Keith Devlin

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The Curious Use of Language in the Lance Armstrong Decision

Posted: 08/27/2012 3:37 pm

Did Lance Armstrong dope or use blood transfusions during his professional cycling career? I have no idea. Nor, it appears, does anyone else except for Lance and perhaps a few members of his team. But as a mathematician with expertise in the use of language in reasoning, I find the much-touted central pillar of the United States Anti-Doping Agency's case against him does not stand up to even a cursory examination.

Apart from hearsay evidence from two disgraced former cycling teammates of Armstrong, the USADA bases its case (at least according to what they have said) on the blood and urine samples taken from the cyclist in 2009 and 2010, when he made a brief comeback to the sport after four years in retirement. In a June letter to Armstrong, subsequently made public, the USADA said those samples were "fully consistent with blood manipulation including EPO use and/or blood transfusions."

Though a recreational cyclist, my interest in this case is fairly minimal. It is that term "fully consistent with" that piqued my mathematician's interest. It is a very odd phrase to use in a situation like this, not least because it has absolutely no evidentiary force. It says nothing of any significance.

[Certainly, after two years deliberation, including testimony from former team-mates obtained under oath through a grand jury, the U.S. federal criminal investigation of the allegations made against him finally dropped the case early this year, saying there was no real evidence against him.]

Though the layperson typically thinks of mathematicians as being focused on numbers, that is actually not the case. That false view is a consequence of the mathematics taught in high school. Only at university are you likely to encounter the mathematics done by the professionals. High among our real areas of expertise are logical reasoning, rigorous proof, and the precise use of language.

Incidentally, I am not referring here to using language and reasoning precisely in esoteric discussions of arcane mathematical topics. Yes, we do that too. But we also apply our expertise in everyday, practical domains. (Homeland Security, to name one domain I myself have worked on.)

There are a number of terms we use to describe evidence. The strongest is "proof" (or "conclusive proof", but any mathematician will tell you the adjective is superfluous.) We might say that, "Evidence X proves that Y happened."

An alternative that might seem weaker, but in actuality is not, is that "Evidence X implies that Y happened."

Definitely weaker, is "Evidence X suggests (or indicates) that Y happened."

All of these have evidentiary power of differing degrees. And there are others.

At the other end of the spectrum, we can say, "Evidence X contradicts Y having happened." X proves Y did not occur.

Evidence collected to uncover wrong-doing, such as doping controls in sport, by virtue of their design, rarely (if at all) provide proof of innocence. At best, when a doping test does not come up positive, the most you can say is it did not yield proof. It does not rule out (i.e., does not contradict) doping, just as a negative result from a cancer screening does not mean you are cancer free, merely that the test did not detect any cancer.

So what does that USADA term "fully consistent with" mean? Well, first of all, let's drop the "fully"; it's superfluous. Consistency is a definitive term. Something is either consistent or not; no half measures. It's also a term mathematicians like myself are very familiar with -- again for real world uses as much if not more than within theoretical mathematics. It means "does not contradict". Nothing more, nothing less.

Given the availability of terms such as "proves," "indicates," "suggests," or more evocative terms such as "raises the distinct possibility that," why did the USADA decide to use the curious term "consistent with"? Since they surely spent a lot of time, and consulted with a number of lawyers, in drafting their letter, their choice of wording was clearly deliberate. Why choose a term that means "does not contradict"?

After all, I can say "Drinking milk as a child is (fully) consistent with using crack cocaine as an adult." Should we take that as evidence that milk producers are to blame for adult drug use? Of course not. But this example has exactly the same logical heart, and the same evidentiary force, as the USADA letter's "fully consistent with blood manipulation including EPO use and/or blood transfusions."

Why not say "suggest" or "indicates"? They fall well short of "proof", but they do carry some weight.

"Does not contradict" is, then, it appears, a key part of their case against Armstrong. In which case, I find it troubling. The USA should have far higher standards of proof than that.

 
 
 

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Did Lance Armstrong dope or use blood transfusions during his professional cycling career? I have no idea. Nor, it appears, does anyone else except for Lance and perhaps a few members of his team. But...
Did Lance Armstrong dope or use blood transfusions during his professional cycling career? I have no idea. Nor, it appears, does anyone else except for Lance and perhaps a few members of his team. But...
 
 
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02:10 AM on 10/07/2012
"Did Lance Armstrong dope or use blood transfusions during his professional cycling career? I have no idea. "

He probably did. EPO and transfusions are common among cancer patients undergoing chemotherapy, Since his bout with cancer occurred during his professional career, it's quite likely. There are other legitimate reasons for getting transfusions during that period as well. Are we going to strip all athletes of their awards if they've received a blood transfusion and issue them suspensions?

As for methods used, if any, it's safe to assume he's accused of transfusion methods. If there was evidence of EPO or a similar drug, he wouldn't be accused of blood doping. He'd be accused of using a controlled (or banned) substance
11:00 AM on 09/03/2012
Keith, you seem to be giving too much weight to the verbiage, and too little weight to the actual evidence. Regardless of how it is described ("consistent with" or "indicative of"), what matters is whether or not an arbitration panel deems the evidence to be sufficient. Since Armstrong chose not to even participate in the process, it would seem that he and his legal team deemed to evidence in total to be more than sufficient (unless you actually believe that he was just "tired of fighting").

One word ultimately means little, what matters is the quality of the evidence. As such, your post adds very little, but seems to be an attempt to obfuscate the reality that there is a ton of evidence against Armstrong.
03:06 PM on 08/31/2012
First hand eyewitness accounts are not hearsay. People are convicted using it every day. Short of audio and/or video tape of actual events, it is the strongest possible testimony in any disputed case. Stop with the hearsay fallacy.
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Dr. Keith Devlin
10:39 PM on 09/03/2012
Since I am not an expert in legal language, I may not have used the correct term to describe the statements of the two cyclists who spoke on national television. They were not (in the TV interviews) speaking under oath, rather, as I understand it, were reporting on what they had previously testified under oath, in confidence, to a Grand Jury. Frankly, I don't know how to describe or evaluate that. For sure it is not eyewitness testimony, or testimony of any kind. It's talk on TV. There is also a statement, hitherto unsubstantiated, that several other cyclists have testified under oath and are prepared to do so again. Like many readers, I have my suspicions as to what went on, but no evidence that would convince me one way or another. I simply have read news reports of evidence the USADA has. That does not convince me any more than Armstrong's statements that he did not take drugs. It's all just people saying things in public arenas. I'll wait until there is convincing evidence one way or the other. But this is off my topic. The focus of my article, as someone who studies language use, was one rather odd use of language. What made it curious was that it was, we can assume, clearly very carefully chosen. I'm not sure why so many people wanted to broaden the discussion to other issues.
10:12 AM on 09/04/2012
I have seen a pattern with the very smart people defending Armstrong. They have been trying to narrow the definition of everything to the benefit of their guy. "He never admitted guilt; he just walked away from an unfair process". Actually, he admitted guilt. When he signed the agreements with the various agencies, he agreed to arbitration for any disputes and he also signed that refusing arbitration would be considered an admission of guilt and that penalties would follow. At every turn Armstrong apologists have been trying to redefine what every word, paragraph and phrase in the English language means in order to get him a pass. He gets more benefit of the doubt than any other athlete I have seen, and there appears to be way more evidence against him than any other athlete that I have seen. Barry Bonds had a guy who was willing to go to jail rather than testify against him. If we are to believe Lance, there are 10 or more people, including his best friend, who are willing to lie about him to get themselves out of hot water. What kind of guy must he be if that is true? Make the argument as narrow or as broad as you like, but, in the end, Armstrong being the victim of a vast conspiracy/vendetta/witch-hunt to bring him down just doesn't pass the smell test regardless of how "carefully" USADA worded the charges.
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Roshi98
Dum spiro, spero
03:53 PM on 08/29/2012
This case reminds me somewhat of the British Football Association's condemnation of Liverpool's Luis Suarez on the "balance of probability" that he racially abused Manchester United's Patrice Era. As there was apparently no direct evidence other than Evra's own account - this despite the match being one of the most watched league rivalries in the world with cameras and mics covering every square inch of the pitch - the FA essentially invented the probability standard to address the case. The result was a significant ban and financial penalty on Suarez.

To add context, there was a nearly concurrent case of racial abuse by Chelsea's John Terry which was brought to the courts, as is the normal course of action for such instances in England for offensive and derogatory speech.

The point being, from my perspective, that sporting associations, when confronted with a lack of evidence simply move the goal posts and construct means to ensure convictions. The FA, for instance, has a 98% conviction rate (conviction meaning judgement against accused players in terms of bans and monetary penalties, not legal action), which even the most effective court system not in a dictatorship could only dream of.
05:50 AM on 08/29/2012
Dr Devlin, I have an ear for language too, as a semi-professional writer and for exactness, as a trained engineer. the world that catches my eye in your article is "hearsay"

Hearsay n 1.unverified, unofficial information gained or acquired from another and not part of one's direct knowledge.

The accounts are from people who claim to have direct knowledge, that is called a witness account. Hearsay is if they said, I heard it from someone who was there.

As an engineer I must show that your truth is not the whole truth. You mention two disgraced former cycling teammates of Armstrong, but you fail to mention that there are 8 other, yet unnamed but who in all likelyhood include Levi Leipheimer and George Hincapie, who are nothing if not trustworthy and that their accounts would not have been included were they not incriminating.

As a mathematician I'll assume you know how to add up. Your artilce doesn't add up because it doesn't include all the factors required in the addition.
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Dr. Keith Devlin
11:51 PM on 08/30/2012
Luis, as I stated clearly, I was not making an analysis of the USADA case against LA. My focus was on one particular use of language. That is the one part of this affair that falls within my particular area of expertise. Other aspects of the case are not within my expertise, so I did not focus on them. As a matter of fact, we do not know that there are 8 other witnesses, and we definitely do not know they are eyewitnesses. The only witnesses we have direct evidence of are the two who went on national television. I don't have the legal expertise to know if the word "hearsay" applies in that situation, but it is not pertinent to the focus of my discussion and I did not pursue or analyze it. Like any trained scientist, I stick within the limits of my expertise.
04:33 AM on 08/31/2012
Keith, I apologise for the ironic tone (but not the content) of my previous message. However, I think you're response to it is disingenuous. None of the witnesses have been named. We as much as know that there are ten (it would be silly of USADA to claim this if it were not true), we don't know if the two who went on national television are among those in the list, we can assume they are, but that wouldn't be factual either. So to pretend that one is "fact" while disclaiming the rest is biased (please note that I'm using this word in the way it would be used in sample design, rather than implying emotional siding on your part).

You make a case for the precise use of language, yet you use freely the word "hearsay". There are two things wrong with this. First is that when talking about a legal matter, one is obliged to watch one's use of words within that context and not resort to their vernacular meanings, as they tend to be less precise, and again, it is you who's making the case for the precise use of language.
04:34 AM on 08/31/2012
...Continuation

This is especially important where the different interpretations of "hearsay" carry important consequences to the outcome of the logic flow. "X says he heard it from Y, and Y is supposed to have seen it (according to X)" is completely different than "X says he saw it". I can very easily say that the theory of evolution is "just a theory" and that "my theory" is that we all descend from Adam and his rib. Except that what people usually mean by "theory" is a simple hypothesis in scientific terms. My point is that you cannot mix colloquial meanings with exact meanings, especially if you're doing it while stressing the importance of word precision.

Second, and what worries me the most is that you focus on the exactness of the words used in one part of the accusation by USADA (the one pertaining to blood samples, but not the rest about the witness accounts) and demand that the way it is written in interpretation proof while excusing your own sloppiness in the use of "hearsay". Furthermore, you at once reduce your argument to your level of expertise (and as I claim in this posting and the preceding, failing even at it) and fail to acknowledge that the conclusions you may draw from it cannot be conclusive to dismiss USADA's arguments.
04:54 PM on 08/28/2012
You're correct that the USADA should have a far higher proof than what they included in their charging statement. We may have found out what that proof is during the hearing if Lance Armstrong had allowed that to happen. If the USADA had no real evidence or if the USADA was holding a witch hunt, it would definitely have been more clear to us after the hearing than it is now. Witnesses could have been cross examined. Blood test results could have been independently analyzed. Transcripts studied. Verdicts appealed to other courts. Unfortunately we're left parsing the meaning a three words. That was Lance's choice not the USADA's decision. Lance wanted us to have less information than possible. Why would Lance want me to know less than the whole story?
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Alwayslearning82
03:12 AM on 08/28/2012
Not to mention ( Surprisingly ) that the watts produced by Armstrong during climbs we're not humanly possible without help. Those generating similar wattage are all convicted dopers, yet Armstrong is just "super human" and can do it day and day out and recover more quickly than others. There is a reason why they do show wattage produced in the climbs on cycling events on TV, they would instantly give away if someone was doping based on the numbers being produced.
12:09 AM on 08/28/2012
I might have missed something, but Armstrong seems to have chosen very careful language as well throughout the years. I have repeatedly read and heard his claims that he has passed every drug test. I don't believe I have ever read or heard him claim to have never used any banned substances. Can someone confirm or refute, based on published/recorded interviews I might have missed?
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Dr. Keith Devlin
06:16 AM on 08/28/2012
Yes, I have the same impression. I don't recall him saying he never engaged in blood doping, just that he had not taken drugs. But here we are into speculation, not evidence.
04:50 AM on 08/31/2012
In page 3 of this article in Bicycling magazine the author, Bill Stricklan (who also wrote the book "Tour de Lance" a book mostly pro-Armstromg) writes that he asked him at point blank and he responded he naver had.

http://www.bicycling.com/news/pro-cycling/lance-armstrongs-endgame?page=0,2
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Dr. Keith Devlin
11:51 PM on 08/27/2012
One of the dangers of using inappropriate or misleading language is that others can mis-interpret it. In this news report from today http://tinyurl.com/9nzne2g, the writer states "USADA also insists it has scientific evidence pointing to doping by the Texan." That's far stronger than the vacuous "consistent with" in the USADA's letter. The writer does not give the source for that statement. It is, of course, fully consistent with what the USADA wrote that the they deliberately tried to mislead in that way. No?
11:06 PM on 08/27/2012
It seems what is missing from this debate is an analysis of the probablity of a doper beatng 500 blood and urine tests. It seems that the tests are not perfect but they are not worthless either otherwise why do them at all. USADA is assuming on one hand that Armstrong found a perfect system for beating drug tests and on the other hand that he was supervising his teamates in his doping system and provided the drugs. The problem with that is they all got caught doping so the system can't have been perfect.

If Armstrong and his teamates were doping as a team using the same drugs, masking agents and method them surely Armstrong should have failed a test sooner because he had many more tests to beat as the most frequent winner.

Normally courts give more weight to scientific evidence than eyewitness testimony. If you were on trial for drunk driving and the prosecutor had 10 witnesses who say they saw you drink a 40 once bottle of scotch before driving and you had breathalyzer and blood tests that said you had no alcohol in your system, you would be found not guilty. The prosector would most likely be in trouble for even taking such a case to court.
10:54 PM on 08/27/2012
I'm with you Mr Devlin. If USADA feels that LA's 2009-2010 samples are 'consistent with blood doping', why didn't they say something two years ago. I find it agonizing that they waited 2 years to go public with this information. Isn't that USADA's job? Don't they review doping tests to see if someone doped and then report it to USA Cycling?

I think USADA chose this wording because their testing proved nothing scientifically. Their proof is testimony achieved through the use of the Grand Jury and promises of short bans for information.
09:18 PM on 08/27/2012
In fact, the USADA was taken to task for the document which initially charges Lance Armstrong. The judge in Austin said as much. But if you are going to take apart their language, you should also read the "science" in Lance's 80 page response. The judge was much less forgiving in his response to that diatribe, refusing to read it and denouncing it completely.

If you want to read up on the Science in this matter, best to stick with the scientists themselves. I highly suggest this article:
Buzz, you need to read this:

http://velocitynation.com/content/interviews/2009/michael-ashenden
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Depleroma
All is one
08:06 PM on 08/27/2012
But they didn't say "does not contradict." That's YOUR phrase. If you say, "their choice of wording was clearly deliberate," then why do you dismiss their words, and substitute your own? If they wanted to say, "doesn't contradict," surely they would have, right?
Personally, I don't think they have the same meaning. "Is consistent" excludes neutrality in a way that "does not contradict" doesn't have to. Saying a number is "not negative" isn't the same as saying it's positive. There's also zero--a neutral number. Similarly, "is consistent" is like a claim of being a positive number. There's an actual claim of consistency that "doesn't contradict" doesn't require.
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Dr. Keith Devlin
08:20 PM on 08/27/2012
Depleroma, my point is that, when used scientifically (and we are definitely talking about scientific evidence here), "consistent with" means EXACTLY "does not contradict". I am not arguing about what evidence there is or is not and what it proves or does not. My focus is the language USADA chose - undoubtedly with considerable deliberation - to indicate their reasons for pursuing the case. Your analogy with the number line does not apply to logic, which admits only two possibilities.
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Wheelo
A man a plan a canal Panama
06:58 PM on 08/27/2012
Correct me if I'm wrong, but wasn't cycling's Biological Passport Program in place during 2009 - 2010? Didn't Armstrong also make public all of his testing results during his come-back?

Seems to me the USADA is sending a clear message to the UCI that they can convict anyone on hearsay and the UCI can put its Biological Passport Program where the sun doesn't shine despite the fact that several riders have been caught through that program. I'm waiting to see Pat McQuaid's reaction.
11:14 PM on 08/27/2012
It will be interesting if the UCI tells USADA to shove its case where the sun don't shine. The UCI might well believe that its system of drug testing is more reliable evidence that the word of proven cheats and liars.
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Alwayslearning82
03:23 AM on 08/28/2012
There also was not a pinpoint accurate test for EPO developed until 2002-03 range. Upon testing LA's b samples he failed his first year wining the tour in 1999. As well as a fairs test in 2003. That 500,000 "donation" to WADA for new testing machines really paid off in LA's favor as he never was brought up on that later failed test.
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Dr. Keith Devlin
05:32 PM on 08/27/2012
Paulov and Sam miss the point. The issue i raise is not whether or not LA doped. As I said at the outset, I have no knowledge either way - and neither do they. My post was in the Science Section. The issue I raised was use of language in what was surely a well-thought-out letter. Since the "fully consistent with" has no evidentiary value, why mention it at all? If you are going to present scientific evidence, you should be scientific in the presentation. That was my focus. It looks suspiciously like an attempt to use science for rhetorical effect, which is something no scientist likes to see. The USADA really should be above that kind of behavior.
11:27 PM on 08/27/2012
That's a good catch. It's a shame no sports jounalists noticed that. That should be a red flag the USADA may not be acting in good faith.
01:58 AM on 08/28/2012
Hi Keith, I think you miss MY point. It looks like you havent fully read my post.

Your blog is about the evidentiary value of the verb 'consistent with'. But I just indicate that the evidence is (presumably, I don't know but that is how they present it) in the witness statements, and that this '...consistent with blood manipulation' is just a kind of confirmation (not contradictory to) this.
Probably they added this line because they also want to mention the 2009/2010 testresults in their statement. Although it has no evidentiary value.
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Dr. Keith Devlin
10:05 AM on 08/28/2012
paulov, That's a fair point, though leaving it up to readers of their statement to try to figure out what they meant is not a good idea. See my comment above about the
recent news report http://tinyurl.com/9nzne2g, where the writer states "USADA also insists it has scientific evidence pointing to doping by the Texan." We expect journalists -- and bloggers! -- to make errors, since they (we) generally work in haste, and besides there is not much at stake. In contrast, the USADA clearly had months to work on their statement, and given its significance, must have weighed every word. As a consequence, I still find it curious, and perhaps suspicious.