U.S. long-arm jurisdiction: Fair play or power politics?

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Again, the U.S. has demonstrated its unrivaled Art of Long-arm Jurisdiction, and this time, to the Olympics.

In July, the U.S. Department of Justice opened a criminal investigation into how anti-doping authorities allowed Chinese swimmers who had tested positive for trimetazidine to appear at the Tokyo Olympics. Despite the World Anti-Doping Agency (WADA)'s repeated clarification that the athletes involved – inadvertently exposed to the substance through food contamination – have no fault or negligence, the U.S. Anti-Doping Agency (USADA) and some American media outlets insist on spreading lies about the WADA and Chinese athletes.

To further challenge WADA's authority, American bipartisan lawmakers proposed the so-called Restoring Confidence in the World Anti-Doping Agency (WADA) Act on July 30, in an attempt to permanently provide U.S. Office of National Drug Control Policy the authority to withhold membership fees to the WADA.

Fair play or power politics?

For decades, the U.S. has been adept at extending its control through long-arm jurisdiction over other countries including both allies and those it deems as rivals. To advance its hegemonic diplomacy, the U.S. has put in place a whole-of-government system to stretch its "arms" on the strength of national power.

The legislature has turned out to be an easy tool to expand the scope of its long-term jurisdiction. The U.S. Rodchenkov Anti-Doping Act that came into effect in 2020, for instance, allows Washington to exercise "extraterritorial criminal jurisdiction" over doping incidents in international sports events and even to punish individuals involved.

The International Olympic Committee's opposition has apparently failed to deter the U.S. from challenging international bodies. Earlier, the IOC, which established WADA, has told the U.S. the possibility of revoking its hosting right for the 2034 Winter Olympics if the supreme authority of WADA is not respected. Instead of falling in line, American lawmakers have taken a step further by proposing the Restoring Confidence in the WADA Act – a blatant attempt to replace international rules with America's.

Money is another tool that the U.S. has resorted to influence international bodies. While half of WADA's operating budget comes from the IOC, countries participating in the agency share the other half through negotiation. By threatening to withhold its membership dues, the U.S. is pressuring WADA-like influential international organizations to yield to its unreasonable requests.

And don't forget the power of American media. Before the Paris Olympics kicked off, some American media outlets had started to spread fake news about opponents. Chinese swimmers had been tested on average 21 times before the Games, and are tested twice or three times more than others at Paris Olympics – with no violations found. But this cannot thwart certain American media from tarnishing other countries' anti-doping efforts.

Anti-doping or anti-China

Repeatedly hyping up the 2021 contamination case of Chinese swimmers, the USADA has been straining every nerve to clear American athletes' doping doubts.

"WADA is now aware of at least three cases where athletes who had committed serious anti-doping rule violations were allowed to continue to compete for years while they acted as undercover agents for USADA, without it notifying WADA and without there being any provision allowing such a practice under the (global) code or USADA's own rules," WADA said in a statement released on Wednesday. Interestingly, the U.S. insists the violations as "an effective way" to provide intelligence to its investigation into human and drug trafficking.

Additionally, in response to the doping doubts of American Olympic sprinter Erriyon Knighton, the USADA determined not to impose a ban. The performance enhancer trenbolone that Knighton tested positive for is not a common contaminant and has been banned in food animals in many countries. While most positive cases of trenbolone were punished, the USADA is particularly magnanimous toward Knighton and has not yet responded to the doubts of the international community.

In the case of Chinese athletes, the U.S. is manipulating every possible means to investigate; In the case of American players, U.S. authorities at all levels are packaging the verified violations as "effective" and "appropriate" ways to address "bigger, systemic problems." Is the U.S. anti-doping or anti-China?

In the guise of the fairness of sports, the U.S. is injecting a Cold War mentality into the Olympics. While athletes across the world are gathering in Paris to celebrate the sporting spirit, the U.S. is taking advantage of the Olympics for hegemonic diplomacy. Playing dirty tricks to attack rivals and seek hegemony is the top priority for the U.S., and fair play is the least that it cares about.

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