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Despite the constitutional guarantee of a presumption of innocence, the U.S.F.S.A. and the U.S.O.C. are well within their rights in barring her for violating their codes of ethics. In 1988, for example, the U.S.O.C. was prepared to kick diver Bruce Kimball off the Olympic team if he had qualified for a berth. An intoxicated Kimball had killed two teenagers in a car accident and was awaiting trial. Kimball, however, failed to make it past qualifying heats. He later pleaded guilty to manslaughter, and was sentenced to 17 years in prison but released on probation last year. Unlike the evidence against Kimball, however, the points in Harding's saga so far are of the he-says she- says variety. Besides, she has recourse to many legal maneuvers.
If American officials try to push her off the squad, she can appeal to the American Arbitration Board. If the board rules against her, she might try to win a temporary restraining order from higher courts, perhaps even the U.S. Supreme Court. Harding may also be able to curb the actions of the International Olympic Committee in case it tries to get into the act. U.S. courts arguably have jurisdiction over the I.O.C. because of the business the organization does in this country -- for one, the gigantic sums television networks spend on the Olympics. Last week I.O.C. officials expressed reluctance to become involved in the affairs of its U.S. counterpart. Richard Pound, a member of the I.O.C. executive board, said the U.S.O.C. "doesn't have much choice" but to let Harding skate -- even if she is charged. "I don't think an accusation is enough. Grand juries can indict fire hydrants in the U.S. You couldn't take that seriously." The legal wranglings will take weeks, enough time for Harding to compete in Lillehammer -- unless, of course, a warrant for her arrest requires her to surrender her passport. Still, she might get that waived . . .
At the moment, only one thing is certain: barring further injury, Kerrigan will skate in the Games. After a panel of judges proclaimed Kerrigan physically fit last week, she at least was poised to pursue her Olympic dream.