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A lot of legal battles are won by simply draining the opponent's legal bank account. My guess, that is what is happening now. I'm guessing at the end of the appeal process(es) James' attorneys filed a lawsuit/counter suit of some sort against WADA. They will file continuances, stays whatever until the WADA/FIM just give up. At which point, James will essentially spell out his own penalty..which will be....all points lost from the date of the failed test until the end of the SX season. Nationals will be unaffected..and possibly a 6 month suspension...from the time of the failed drug test. With that James will be on the line for A1 with double the dosage.
As a side note, this is entirely speculation and has absolutely no source other than my creative mind.
And they issue a big check to him for "lost wages" and "damage to reputation."
Situation is nothing but a big circus complete with many clowns.
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But, he didn't apply for a TUE until after the fact (that's the story we've been told); so, based on the intent of the rule(s) & the violation...
I'd fine his ass $50K and put that money towards the Asterisk Rig & an Injured Riders fund. His next infraction would cost him a Minimmum of 1 year. If you think James wouldn't feel the impact of $50K? Well, you're confusing SX with F1.
And, let's be very clear: I like James & I'm hoping he shreds.
Good Luck!
this whole doping thing is dopey and a waste of time energy and resources.
If they told him they were going to impose a two year penalty, then of course he is going to contest it; that's death penalty for Stew's career given that it already is in its twilight.
That said, no one here knows what's going on in those negotiations (which is what this is, apparently, because as far as I know the FIM has never issued a final penalty that Stew would appeal to the CAS - which one thinks they would have done quickly if they felt on solid ground for the penalty they want to levy).
In reality, no one here knows enough about the underlying circumstances to be answering the OP's question about what's appropriate. It's a natural question given how curious folks are to know how it will be resolved; but there is no meaningful answer to it until people know all of the circumstances that would be taken into account when the results manager determines what penalty to levy. All it invites is an endless circle of incomplete hypotheticals that will tell you more about the poster's attitude toward Stew than it will have anything to do with what actually happened.
WADA recommends penalties ranging from only loss of the event results to long term suspensions depending on the circumstances. So, simply testing positive - the only fact people know here (other than that the WADA and USADA now have legitimized Stew's therapeutic use of Adderal at least going forward) - doesn't tell anyone here a thing about what penalty would be appropriate. All the facts that go into assessing what penalty is appropriate are being hashed out in the adversary proceeding, not here among the "experts" on a message board this stage.
It will be a relief to hear real facts and real news; hopefully soon. What will be interesting is whether the facts actually change anyone's mind given how vested people are in their opinions about Stew.
That seems to fit with what Guy B said the other day about the Stewart camp not knowing what the hold up was.
WADA clearly is removed enough from the individual sports to not be moved by emotional arguments about how a particular penalty will affect an athlete.
I think the FIM are in the most delicate situation - this is a test case (for SX/MX) so I think it would be dangerous for them to be lenient if they want to maintain the credibility of their testing program. On the other hand a two year suspension is probably over the top. BTW, I think any penalty has to involve suspension for a few reasons. First, a suspension really hits the riders where it hurts; fines don't do that. Second, it would be pretty hard to establish consistent penalties for future cases based on monetary suspension - how much do you fine a privateer?
Despite your assertion, I don't have a polarised view of James Stewart; what I do have is a polarised view on drugs in sport. I'm finding it pretty hard to comprehend why a rider in James' position didn't have the TUE filed and squared away a long time ago. Correct me if I'm wrong but they've been conducting testing in SX for several years now, so ignorance of the requirements doesn't wash with me.
Pit Row
Monster cup he might have been able to argue, assuming he wasn't allowed to race... Assumptions tho, and if they're gonna hand out a 1 race penalty, they might as well ask him for 20 bucks and tell everyone else drugs are ok.
still has taken far to long tho,
background to the Ant West story,
http://www.motomatters.com/news/2013/11/23/ant_west_loses_in_doping_app…
Energy drink–Mesomorph? Energy drink my ass. That's a pre-workout, i've had it, I'm not a gym junkie and I looked at the contents and knew that shit wasn't gonna be ok by anything... And again, how fucking dopey to take that without looking at the ingredients...
Also agree about the penalty. I think anything less than about a 4 race suspension is too lenient. I would guess somewhere in the range of six months or so seems likely based on other cases.
Josh Coppins also got done for a failed drug test in 2002, and lost points for one round, but did not get a ban in the end,
http://www.nzherald.co.nz/sport/news/article.cfm?c_id=4&objectid=2048659
Focus and strength, speed, all through the roof. At a time when I was squatting 160 I could do plus 10 on that just from that, even if I was tired.
It was sort of funny to watch him tell people what was going on during a Supercross season, and seeing people tell him to shut up, and that he didn't know what he was talking about.
When did that happen?
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