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We are told by the JS camp that the FIM approved his TUE for some unknown medication going forward from October/November.
That is not saying they don't think he was trying to cheat, it makes no comment about cheating. What it says is that his prescriptions look genuine now and they'll allow him to take whatever it is in future.
If his medical condition is genuine then there was no reason whatsoever to not have a TUE in the first place. Then again if its genuine why did it take until September to have those records made available?
All of this could easily have been avoided! The problem is without proper factual statements from JS and the FIM there are so many points that are open to opinion and speculation still.
Under that sort of discretionary regime,the fact that one athlete received a certain penalty begs the question of whether the same penslty is appropriate for another athlete"s case.
iMO guys are overreaching with the precedent argument with as little we know.
The FIM's reason for taking so long, particularly as it seems to link the penalty determination with the 2015 TUE, makes no sense to me.
Don't you feel silly as all get out arguing the ludicrous notion that the FIM would suspend RV and cut him out of the GPs? In all of the possible outcomes here, that's the least likely to happen.
It's worth keeping ones head tethered to reality, even here at vital
consult and inform or offer basic redoect for the AMA. Did they do so when they dropped the MXdN at Comp Park in 02? Or contracted with Clear Channel to facilitate that commercial entitiy's battle with the FIM"s affiliate in the US?
We will put aside the whole 'why didnt he file it in the first place' argument , and just assume that the minute he was notified , all he had to do was get his regular doctor to sign the TUE , which as his regular Doc , he would have no issue with , and it would be in the hands of whoever , in an instant . At least by Email in a day or so , and by proper mail in a week max.
Please tell me what possible reason it could have taken till september to file that.... this is a pro athlete we are talking about here , in a pro team... if thats my guy , im beating his ass to get it done and driving the damn thing to Pickerington to get it ironed out. not sitting round from june till september..
Occams Razor.. the most simple and obvious explanation is usually right
(8) JAMES SAID THAT HE “RECEIVED BOTH WADA AND USADA APPROVALS” TO PROVE THAT HE WASN’T CHEATING, SO WHAT’S THE BIG DEAL?
James is playing fast and loose with the time line with that statement. It’s not actually accurate to the situation. After he was caught with amphetamines in his system, he applied for a TUE and provided all of the medical, doctor and prescription info to the FIM. But, that is kind of like getting a speeding ticket ten miles from your house and then wanting it rescinded because you are doing the speed limit 5 miles later. His TUE is good for 2015. His punishment is for 2014. And, anyone who wants to, including the Seattle Seahawks backfield, can to get a prescription for Adderall by telling a doctor the right story.
Since Adderall is used by many athletes as a cover for performance enhancing drugs, and Adderall itself can be performance enhancing when used in specific doses, its appearance in an athlete’s portfolio rings alarm bells. WADA asked Stewart in Seattle if he was taking any drugs or medication. He said “No.” So, when his test came back positive for amphetamines, which is in Adderall, WADA saw his negative answer as an attempt to hide what he was taking. When they discovered that he hadn’t file a TUE (Therapeutic Use Exemption), which would have allowed him to use prescribed doses of a medically required drug, this raised a second red flag at WADA. James may claim that he was guilty of stupidity, but WADA deals with the world’s greatest athletes and has heard every imaginative excuse possible — lots of them stupider. Now, say that James’ lawyers asked to have the B-sample tested — this raises a third flag because why would an athlete — who is admitting to taking Adderall want a second test — unless he was hoping it would prove that he wasn’t taking Adderall. The snowball effect of all of the permutations can build up quickly. Plus, saying “No” and not filing the proper paperwork are violations of the FIM Drug Code in themselves and demand a punishment. Sadly, WADA polices the complete spectrum of international sport and they believe that if an Olympic swimmer gets 16-months for the same offense, and a Tour de France cyclist gets 16-month for the same offense, then a motocross racer should be 16-months.
Pit Row
It's a procedural violation, yet it's getting him an extremely heavy penalty for using a medicine he is already pre-approved to use by the same people when he does return. Doesn't that prove that it's procedural?
Finally, there is a very big difference here between last year's "provisional suspension" from FIM-related events and his upcoming period of ineligibility, which is what the penalty now calls for. It is up to the AMA and AMA Pro Racing to decide James Stewart's eligibility. If the AMA revokes his AMA membership, as the FIM asks, he's out for supercross, and AMA Pro Racing would almost certainly not be able to issue a license either since he would not have a mandatory AMA card.
Add it all up, that's why Mr. Dingman would like to see the length of the penalty revisited, not the failed test itself, as well as fixing this whole process moving forward.
DC
MX Sports
It's a lot less surprising that it took that long to get records in than it is that the penalty took so long to levy.
But since you're Karnac, tell us how WADA managed to validate he's entitled to use the medication for therapy for the TUE but the FIN determined that he used it for a performance advantage, which by logic has to be what elevated the suspension to something more than having a legitimate basis to use (now established conclusively) but failing to get the exemption for therapy?
Stew needed to be dinged more than losing event points, but this with what we know is excessive IMO.
Anyway, we'll just have to disagree on whether the FIM is a credible steward of motocrosd.
I doubt it will. There are lots of things the AMA could have done if they weren't happy. For instance TALKING to the FIM about this before the penalty was announced. If they felt so strongly about JS not being punished too harshly I'm sure they could have backed him before now. Sending a very public letter after the event seems more like a PR exercise aimed at keeping the A1 fans onboard, rather than actually affecting the outcome.
And for what it's worth, Adderall is also useful for patients who have suffered brain trauma, like concussions. James Stewart has had quite a few of those over the years, as have a lot of others that race dirt bikes, unfortunately.
DC
MX Sports
The FIM can only go by there rules , which are quite simple, if someone asks if you are taking a drug , and you say no , and you then test positive for something you have said you arent taking , and its banned , thats it ... the FIM are willing to overlook the performance advantage , but you cant have a TUE in place for something you say you arent taking at the time of the test .
Therefore , you broke the rules... its not that hard to understand surely.. whether if be WADA , USADA or the any other sport that follows proper rules , if you have the chance to validate before you take , or are tested , you do it ... if JS had said he was taking Aderall prior to the test , then that would have been different ... but he didnt , and so he has to take what is coming when he gets caught.
If you dont think there are doctors out there who will do this kind of thing , then you are wrong, and with someone with JS's money behind him , whatever it costs , is nothing compared to what he has to lose.
The FIM has a lot of faults, but its drug code isnt one of them , it chose to use the WADA code simply because its a worldwide standard , and that makes it fair and legal , without the need to do your own 'stop or i will tell you to stop again' of the US self regulated sports like NBA,NFL & NASCAR.
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