Floyd Landis’s attorney Howard Jacobs said Wednesday that he intends to request the dismissal of the doping case against client based on “inconsistencies in the testing protocol and methodology” used to show that the 2006 Tour de France was positive for testosterone.

Jacobs said he will file a formal request with USADA on Monday, September 11 asking that the anti-doping agency drop the allegations against Landis and cease further disciplinary action.

In a press release issued Friday, Jacobs’s office noted that upon “review of 370 pages of documentation provided by the LNDD laboratory at Chatenay-Malabry, Jacobs and a team of scientific experts have found inconsistencies in the testing protocol and methodology that support Landis’ innocence. Jacobs received the official document package on August 31.”

“In our review of the documents detailing the tests on both the ‘A’ and ‘B’ sample, we have found evidence that supports our request for USADA to drop the doping charges against Landis,” said Jacobs. “While I cannot comment on the full details of our findings, we now have the foundation for a very strong defense should the case proceed to arbitration.”

If USADA proceeds with the case, Jacobs promised to invoke rules that allow athletes contesting doping charges to request that their hearing be made open to the public. A review board will make a recommendation to USADA within one week of the written submission.

“Once again, we are asking for complete transparency in this process. Floyd has maintained his innocence from the outset and what we have found in the official document package points to a premature public conviction before all of the evidence could be considered,” added Jacobs. “This is another example why the leaking of an ‘A’ sample results and violating the athletes’ right to anonymity is such a horrible thing. It is this exact scenario that caused the Rules governing anti-doping cases in the United States to be amended in 2004, to allow an athlete concerned about fairness to request that a hearing be opened to the public.”