He's just doing his job. From the Denver Post article on Hamilton's
hearing:
"His lawyer, Howard Jacobs, said the problem is that the test is used
primarily for organ transplants and pregnant women. It just started being
used in cycling last year. Phonak, Hamilton's Swiss-based team, has pumped
$800,000 into researching the case."
"A Phonak-funded panel of five experts apparently split two for the validity
of the test and two against, with the fifth suggesting there were
insignificant anomalies in the procedure."
http://www.loopdiloop.com/folderol/2004/12/cycling-tyler-hamiltons-least-fave.asp
"Phonak set up its own panel of experts to judge the validity of the test,
and at the UCI hearing on Nov. 22, the team's lawyer Alessandro Celli
indicated that, "a provisional report from their experts did not enable them
to reach significant conclusions, two of these experts considering that the
Lausanne and Athens laboratory tests were invalid, a third having detected
certain errors which, however, did not cast doubt upon their reliability,
and two others having found nothing abnormal in these
tests."http://www.ridezine.com/phonak_drops_hamilton.htm
No doubt Howard knew all of this before speaking to the Denver Post.