James Stewart Appeal Denied

gsxrcr28
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gsxrcr28 4/29/2015 12:53pm
4/29/2015 12:53pm
gsxrcr28 wrote:
It proves he wasn't trying to cheat, anyone with common sense can see that. However, there are a few that will try anything to prove otherwise...
It proves he wasn't trying to cheat, anyone with common sense can see that. However, there are a few that will try anything to prove otherwise, it's quite amusing. Laughing
That_Guy wrote:
how does it prove that? that is like saying youre not a theif unless you get caught. to prove he was not trying to gain an...
how does it prove that? that is like saying youre not a theif unless you get caught. to prove he was not trying to gain an advantage would be getting permission before using the drug while racing not after you get caught. all they had to do is get permission and they did not so they are either stupid or arrogant or thnik they can do what they want and break any rule with no consequences and then when caught they think they are to get special treatment with reduced penaltys when somelow level guy would get jammed up the ass for the same rule if caught with no penalty reduction. you don;t do the crime if you can't do the time. he knew the rules and he andn his people decided to be stupid or ignore them and now he and they are paying the price for itt. follow the rules and no problems
Jeez.. That was tough to read.

It was negligence on James part, but as JT$ has said there are many riders who don't read what they sign. Also, there have been other riders who said they didn't know the rules either.
There would be no reason not to get a TUE if he knew about them, being that he knew he needed the medication and passed all of WADA's doctors evaluations that granted him a TUE for future races.
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hvaughn88 4/29/2015 12:56pm
4/29/2015 12:56pm
gsxrcr28 wrote:
It proves he wasn't trying to cheat, anyone with common sense can see that. However, there are a few that will try anything to prove otherwise...
It proves he wasn't trying to cheat, anyone with common sense can see that. However, there are a few that will try anything to prove otherwise, it's quite amusing. Laughing
That_Guy wrote:
how does it prove that? that is like saying youre not a theif unless you get caught. to prove he was not trying to gain an...
how does it prove that? that is like saying youre not a theif unless you get caught. to prove he was not trying to gain an advantage would be getting permission before using the drug while racing not after you get caught. all they had to do is get permission and they did not so they are either stupid or arrogant or thnik they can do what they want and break any rule with no consequences and then when caught they think they are to get special treatment with reduced penaltys when somelow level guy would get jammed up the ass for the same rule if caught with no penalty reduction. you don;t do the crime if you can't do the time. he knew the rules and he andn his people decided to be stupid or ignore them and now he and they are paying the price for itt. follow the rules and no problems
gsxrcr28 wrote:
Jeez.. That was tough to read. It was negligence on James part, but as JT$ has said there are many riders who don't read what they...
Jeez.. That was tough to read.

It was negligence on James part, but as JT$ has said there are many riders who don't read what they sign. Also, there have been other riders who said they didn't know the rules either.
There would be no reason not to get a TUE if he knew about them, being that he knew he needed the medication and passed all of WADA's doctors evaluations that granted him a TUE for future races.
Are you trying to say that since riders don't read why they sign, they shouldn't be held accountable for what they agree to when they sign it?
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Falcon 4/29/2015 12:58pm
4/29/2015 12:58pm
That_Guy wrote:
how does it prove that? that is like saying youre not a theif unless you get caught. to prove he was not trying to gain an...
how does it prove that? that is like saying youre not a theif unless you get caught. to prove he was not trying to gain an advantage would be getting permission before using the drug while racing not after you get caught. all they had to do is get permission and they did not so they are either stupid or arrogant or thnik they can do what they want and break any rule with no consequences and then when caught they think they are to get special treatment with reduced penaltys when somelow level guy would get jammed up the ass for the same rule if caught with no penalty reduction. you don;t do the crime if you can't do the time. he knew the rules and he andn his people decided to be stupid or ignore them and now he and they are paying the price for itt. follow the rules and no problems
gsxrcr28 wrote:
Jeez.. That was tough to read. It was negligence on James part, but as JT$ has said there are many riders who don't read what they...
Jeez.. That was tough to read.

It was negligence on James part, but as JT$ has said there are many riders who don't read what they sign. Also, there have been other riders who said they didn't know the rules either.
There would be no reason not to get a TUE if he knew about them, being that he knew he needed the medication and passed all of WADA's doctors evaluations that granted him a TUE for future races.
hvaughn88 wrote:
Are you trying to say that since riders don't read why they sign, they shouldn't be held accountable for what they agree to when they sign...
Are you trying to say that since riders don't read why they sign, they shouldn't be held accountable for what they agree to when they sign it?
As stupid as that sounds, I bet a lot of lawyers get paid to argue that very point.
gsxrcr28
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gsxrcr28 4/29/2015 12:59pm
4/29/2015 12:59pm
That_Guy wrote:
how does it prove that? that is like saying youre not a theif unless you get caught. to prove he was not trying to gain an...
how does it prove that? that is like saying youre not a theif unless you get caught. to prove he was not trying to gain an advantage would be getting permission before using the drug while racing not after you get caught. all they had to do is get permission and they did not so they are either stupid or arrogant or thnik they can do what they want and break any rule with no consequences and then when caught they think they are to get special treatment with reduced penaltys when somelow level guy would get jammed up the ass for the same rule if caught with no penalty reduction. you don;t do the crime if you can't do the time. he knew the rules and he andn his people decided to be stupid or ignore them and now he and they are paying the price for itt. follow the rules and no problems
gsxrcr28 wrote:
Jeez.. That was tough to read. It was negligence on James part, but as JT$ has said there are many riders who don't read what they...
Jeez.. That was tough to read.

It was negligence on James part, but as JT$ has said there are many riders who don't read what they sign. Also, there have been other riders who said they didn't know the rules either.
There would be no reason not to get a TUE if he knew about them, being that he knew he needed the medication and passed all of WADA's doctors evaluations that granted him a TUE for future races.
hvaughn88 wrote:
Are you trying to say that since riders don't read why they sign, they shouldn't be held accountable for what they agree to when they sign...
Are you trying to say that since riders don't read why they sign, they shouldn't be held accountable for what they agree to when they sign it?
No. There should be a penalty, it's the severity of the penalty for something WADA has approved him to take that has been the issue with most people.

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A. DLeary
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A. DLeary 4/29/2015 1:00pm
4/29/2015 1:00pm
That_Guy wrote:
how does it prove that? that is like saying youre not a theif unless you get caught. to prove he was not trying to gain an...
how does it prove that? that is like saying youre not a theif unless you get caught. to prove he was not trying to gain an advantage would be getting permission before using the drug while racing not after you get caught. all they had to do is get permission and they did not so they are either stupid or arrogant or thnik they can do what they want and break any rule with no consequences and then when caught they think they are to get special treatment with reduced penaltys when somelow level guy would get jammed up the ass for the same rule if caught with no penalty reduction. you don;t do the crime if you can't do the time. he knew the rules and he andn his people decided to be stupid or ignore them and now he and they are paying the price for itt. follow the rules and no problems
FreshTopEnd wrote:
The FIM decision determined that he did not intend to enhance performance when he was using adderall without a TUE..
That_Guy wrote:
thats fim and not wada. wada is the drug enforcement people fim is just sanction
FTE is correct in what he has said and has kept all of us informed on how this entire thing works and has done do in an intelligent way.

Because this is winding up, I'd actually like to thank FTE for his efforts to educate us on the matter. I really appreciated and enjoyed your posts.
gsxrcr28
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gsxrcr28 4/29/2015 1:01pm
4/29/2015 1:01pm
FreshTopEnd wrote:
The FIM decision determined that he did not intend to enhance performance when he was using adderall without a TUE..
That_Guy wrote:
thats fim and not wada. wada is the drug enforcement people fim is just sanction
A. DLeary wrote:
FTE is correct in what he has said and has kept all of us informed on how this entire thing works and has done do in...
FTE is correct in what he has said and has kept all of us informed on how this entire thing works and has done do in an intelligent way.

Because this is winding up, I'd actually like to thank FTE for his efforts to educate us on the matter. I really appreciated and enjoyed your posts.
Agreed. Thanks FTE.
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That_Guy 4/29/2015 1:03pm
4/29/2015 1:03pm
gsxrcr28 wrote:
Jeez.. That was tough to read. It was negligence on James part, but as JT$ has said there are many riders who don't read what they...
Jeez.. That was tough to read.

It was negligence on James part, but as JT$ has said there are many riders who don't read what they sign. Also, there have been other riders who said they didn't know the rules either.
There would be no reason not to get a TUE if he knew about them, being that he knew he needed the medication and passed all of WADA's doctors evaluations that granted him a TUE for future races.
i don't have time to argue on internet all day or sit and proof read every word or comma and if thats not good too bad. james does not have to read anything because he has an army of handlers and lawyers to read everything and read everything. if they didnt read the things they tell him to sign then theyre doing a pretty crappyjob of advising him and looking out for the best interest of their meal ticket. if you wont blame james, blame his handlers. low level privateers may not read everything because theyre not signing multimillion dollar contracts or forms that can affect his multimillion dollar contracts
gsxrcr28
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gsxrcr28 4/29/2015 1:07pm
4/29/2015 1:07pm Edited Date/Time 4/29/2015 1:09pm
gsxrcr28 wrote:
Jeez.. That was tough to read. It was negligence on James part, but as JT$ has said there are many riders who don't read what they...
Jeez.. That was tough to read.

It was negligence on James part, but as JT$ has said there are many riders who don't read what they sign. Also, there have been other riders who said they didn't know the rules either.
There would be no reason not to get a TUE if he knew about them, being that he knew he needed the medication and passed all of WADA's doctors evaluations that granted him a TUE for future races.
That_Guy wrote:
i don't have time to argue on internet all day or sit and proof read every word or comma and if thats not good too bad...
i don't have time to argue on internet all day or sit and proof read every word or comma and if thats not good too bad. james does not have to read anything because he has an army of handlers and lawyers to read everything and read everything. if they didnt read the things they tell him to sign then theyre doing a pretty crappyjob of advising him and looking out for the best interest of their meal ticket. if you wont blame james, blame his handlers. low level privateers may not read everything because theyre not signing multimillion dollar contracts or forms that can affect his multimillion dollar contracts
I do blame James for being negligent, although I do think he thought they were looking for things like steroids and EPO, which is the same thing Josh Grant said also. It's unfair to blame anyone from his camp, as he has said it was his fault for not reading everything.
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A. DLeary 4/29/2015 1:08pm
4/29/2015 1:08pm
gsxrcr28 wrote:
Jeez.. That was tough to read. It was negligence on James part, but as JT$ has said there are many riders who don't read what they...
Jeez.. That was tough to read.

It was negligence on James part, but as JT$ has said there are many riders who don't read what they sign. Also, there have been other riders who said they didn't know the rules either.
There would be no reason not to get a TUE if he knew about them, being that he knew he needed the medication and passed all of WADA's doctors evaluations that granted him a TUE for future races.
That_Guy wrote:
i don't have time to argue on internet all day or sit and proof read every word or comma and if thats not good too bad...
i don't have time to argue on internet all day or sit and proof read every word or comma and if thats not good too bad. james does not have to read anything because he has an army of handlers and lawyers to read everything and read everything. if they didnt read the things they tell him to sign then theyre doing a pretty crappyjob of advising him and looking out for the best interest of their meal ticket. if you wont blame james, blame his handlers. low level privateers may not read everything because theyre not signing multimillion dollar contracts or forms that can affect his multimillion dollar contracts
So now it's ok for a privateer or someone making less money to make this type of mistake, but not James. You really are THAT GUY...
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Fraser 4/29/2015 1:17pm
4/29/2015 1:17pm
gsxrcr28 wrote:
It proves he wasn't trying to cheat, anyone with common sense can see that. However, there are a few that will try anything to prove otherwise...
It proves he wasn't trying to cheat, anyone with common sense can see that. However, there are a few that will try anything to prove otherwise, it's quite amusing. Laughing
That_Guy wrote:
how does it prove that? that is like saying youre not a theif unless you get caught. to prove he was not trying to gain an...
how does it prove that? that is like saying youre not a theif unless you get caught. to prove he was not trying to gain an advantage would be getting permission before using the drug while racing not after you get caught. all they had to do is get permission and they did not so they are either stupid or arrogant or thnik they can do what they want and break any rule with no consequences and then when caught they think they are to get special treatment with reduced penaltys when somelow level guy would get jammed up the ass for the same rule if caught with no penalty reduction. you don;t do the crime if you can't do the time. he knew the rules and he andn his people decided to be stupid or ignore them and now he and they are paying the price for itt. follow the rules and no problems
A. DLeary wrote:
In my opinion most signs point to them being a little dumb and screwing up only because after you get caught by WADA, they make it...
In my opinion most signs point to them being a little dumb and screwing up only because after you get caught by WADA, they make it EXTREMLY hard to get a TUE for the substance in question. After being caught the TUE process is much more stringent.

Athletes in general are not the smartest people and we don't exactly watch or pay them because of their intelligence.

James is doing the time for his crime, but to say the FIM shouldn't try to improve the process of the appeal etc is dumb. The faster they get these things heard the faster the sport can move on from them. The entire sport had to pay for James crime because the FIM/CAS does not operate in a mannor that fits a sport that races every weekend. this needs to looked at and addressed so these things don't take a god damn year to resolve.
Great post, and I tend to agree with you. I'm sure it's hard to prove a TUE after you've been caught. But then again there was no reduction by CAS so they clearly felt the FIM term was justified. As far as speeding up the FIMs process, they preside over many other motorcycle sports that also run almost every week so I doubt the Stewart case will cause much of a policy change.
Whether you believe JS took it to gain advantage or not has to be personal opinion still as none of us have any facts. Neither parties involved have given us any evidence yet either way.. Shame really. A proper statement from JS rather than the odd comment here and there, and FIM report they promised to publish would have put all this to bed months ago.
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A. DLeary 4/29/2015 1:28pm
4/29/2015 1:28pm Edited Date/Time 4/29/2015 1:31pm
Fraser wrote:
Great post, and I tend to agree with you. I'm sure it's hard to prove a TUE after you've been caught. But then again there was...
Great post, and I tend to agree with you. I'm sure it's hard to prove a TUE after you've been caught. But then again there was no reduction by CAS so they clearly felt the FIM term was justified. As far as speeding up the FIMs process, they preside over many other motorcycle sports that also run almost every week so I doubt the Stewart case will cause much of a policy change.
Whether you believe JS took it to gain advantage or not has to be personal opinion still as none of us have any facts. Neither parties involved have given us any evidence yet either way.. Shame really. A proper statement from JS rather than the odd comment here and there, and FIM report they promised to publish would have put all this to bed months ago.
The facts are simply in that the rules say x amount of time without a TUE, so James will spend that amount of time out. I'm sure CAS saw it pretty similar. I don't have a problem with that. I have a problem with the fact bigger organizations with much more at stake than the FIM are also using WADA testing and are able to set forth a punishment, and hear all the appeals in about half the time. The NAC oversees MMA, boxing and multiple other sports that are competing every week, have way more drug, rule and behavior problems to address and manage to get it done in way less time than the FIM. The reason I bring this up is because the process can be completed faster, and I feel it would behoove the FIM to do so.
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kiwifan 4/29/2015 1:30pm
4/29/2015 1:30pm
The appeal results sucks, but is what it is...hoping for 2016 SX return for JS7
Fraser
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Fraser 4/29/2015 1:31pm
4/29/2015 1:31pm
Agreed
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MX45 4/29/2015 1:39pm
4/29/2015 1:39pm
That's a real bummer. The punishment certainly does not fit the crime, in this case.
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Trav138 4/29/2015 1:42pm
4/29/2015 1:42pm
Dirtysmile56 wrote:
Fuck the Fucking FIM!
X2
Jimmy Jingles 4/29/2015 1:49pm
4/29/2015 1:49pm
What's done is done. Bummed for James, but excited because this whole process seems to have only re-dedicated James, which is a good thing for him and his fans. Cannot wait to see him back in action.

Love him or hate him, James is the best thing for our sport.

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burn1986 4/29/2015 1:50pm
4/29/2015 1:50pm
"Oh well, what can you do?" - Feld DC AMA
ML512
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ML512 4/29/2015 1:55pm
4/29/2015 1:55pm
burn1986 wrote:
"Oh well, what can you do?" - Feld DC AMA
Go against the ruling, go to court/get sued, end up with MX sports losing their sanctioning for outdoors, have it sold to another promoter, then start a war on who's series will win?
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kiwifan 4/29/2015 1:56pm
4/29/2015 1:56pm
Jimmy Jingles wrote:
What's done is done. Bummed for James, but excited because this whole process seems to have only re-dedicated James, which is a good thing for him...
What's done is done. Bummed for James, but excited because this whole process seems to have only re-dedicated James, which is a good thing for him and his fans. Cannot wait to see him back in action.

Love him or hate him, James is the best thing for our sport.
I agree, I admit I wasnt a JS7 fan until I listened to his interview with Matthes....changed my perception of him
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500guy 4/29/2015 2:02pm
4/29/2015 2:02pm
burn1986 wrote:
"Oh well, what can you do?" - Feld DC AMA
ML512 wrote:
Go against the ruling, go to court/get sued, end up with MX sports losing their sanctioning for outdoors, have it sold to another promoter, then start...
Go against the ruling, go to court/get sued, end up with MX sports losing their sanctioning for outdoors, have it sold to another promoter, then start a war on who's series will win?
He's still mad because He thinks DC killed the 2 stroke, no amount of reason is going to soak in.
starchildeyes 4/29/2015 2:04pm
4/29/2015 2:04pm Edited Date/Time 4/29/2015 2:10pm
It has all been said at this point. What aggravates me most is this. Yeah, Bubba was negligent and should have been punished. Most everyone agrees on that, even the die hard Stew fans like myself. But in the NFL you get (maybe) 4 games for Adderall. Bubba got 27, technically 28...since they made him sit out MEC. And might as well call it 30 as there is no need to run the last 2.

Now we all know this is because the NFL has a Union. So does it make it "right" for the NFL guys to get 4 games (if that) and then just because our sport isn't big enough to have a union that our participants get crucified?

There should be a standard. And 30 races (or games) is fucking ridiculous. But that is what aggravates me most. Just becase their sport is larger and has their stuff together then the crime gets hardly nothing, punishment wise.

How is that right? It is all about the money, I guess.

I want our sport to succeed but I can't help it. I seriously hope that sales suffered this SX and in the upcoming MX season because I think this was handled way wrong. And I have said all along that he deserved something. 4 races, maybe. That would nullify him from the SX title. But what we got was a crime in itself.

Thanks, Bubba, for revolutionizing the sport and giving so much to the sport for over 10 years. Oh yeah, don't mess up...don't be human...because if you do, on your first offense we will crucify you and btw, no union or doctor can save you.

Just f'ing pissed. Also, I think it is lame not many riders or DC or others haven't stood up and at least voiced support to James and also to Suzuki. Again, he was in the wrong but how many of us haven't screwed up?? Off subject, but for the record, I think Davi got screwed to. If it was RV2 he would have just been spoke to, like JT said.

Some will disagree with me about Bubba. That's fine. Doesn't really matter, either way.

Oh yeah, another thing. The testing is a joke. Just testing the top 3 and a random is stupid. Either test everyone at the start of season or don't do it at all. Just my opinion.

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FreshTopEnd 4/29/2015 2:04pm
4/29/2015 2:04pm Edited Date/Time 4/29/2015 2:06pm
Fraser wrote:
They approved his medication GOiNG FORWARD. That's all. The amphetamine found in his system was NOT approved when it was found. Giving him a tue after...
They approved his medication GOiNG FORWARD. That's all. The amphetamine found in his system was NOT approved when it was found. Giving him a tue after the fact is no defense whatsoever.
Not quite right; the same basic facts answered whether he was using the substance to enhance performance. They found that he didn't. It's essentially answering different legal issues at different stages with the same facts. That absence of intent went to the penalty, however, not to whether there was a violation.

It's important to remember that the overriding WDC value is clean competition, so an athlete is disqualified at least for an event's results if he tests positive even if he had no idea he had consumed the substance and established that he (or his posse) was without fault at all in the failure to identify it before the athlete consumes it. But it is very hard to establish no fault.
burn1986
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burn1986 4/29/2015 2:05pm
4/29/2015 2:05pm Edited Date/Time 4/29/2015 2:10pm
ML512 wrote:
Go against the ruling, go to court/get sued, end up with MX sports losing their sanctioning for outdoors, have it sold to another promoter, then start...
Go against the ruling, go to court/get sued, end up with MX sports losing their sanctioning for outdoors, have it sold to another promoter, then start a war on who's series will win?
Who, James go to court? Yeah right, he already signed the papers agreeing to everything. I don't think he knew what was going to happen. No one did. Until the FIM WADA brought down the hammer. I guess the reason DC and Feld (or the AMA) didn't set up an SX/MX commissioner was just simply that they didn't want to be the bearer of bad news.
burn1986
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burn1986 4/29/2015 2:06pm
4/29/2015 2:06pm
My computer just crashed. Imagine that. I'm sure DC and Feld are behind it!!!!
500guy
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500guy 4/29/2015 2:07pm
4/29/2015 2:07pm
burn1986 wrote:
Who, James go to court? Yeah right, he already signed the papers agreeing to everything. I don't think he knew what was going to happen. No...
Who, James go to court? Yeah right, he already signed the papers agreeing to everything. I don't think he knew what was going to happen. No one did. Until the FIM WADA brought down the hammer. I guess the reason DC and Feld (or the AMA) didn't set up an SX/MX commissioner was just simply that they didn't want to be the bearer of bad news.
That is just crazy talk
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ML512 4/29/2015 2:08pm
4/29/2015 2:08pm
burn1986 wrote:
Who, James go to court? Yeah right, he already signed the papers agreeing to everything. I don't think he knew what was going to happen. No...
Who, James go to court? Yeah right, he already signed the papers agreeing to everything. I don't think he knew what was going to happen. No one did. Until the FIM WADA brought down the hammer. I guess the reason DC and Feld (or the AMA) didn't set up an SX/MX commissioner was just simply that they didn't want to be the bearer of bad news.
No, MX Sports if they ignored the penalty and let James race.

I love how you keep dragging DC through this like it's somehow his fault and he's to blame...
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ML512 4/29/2015 2:08pm
4/29/2015 2:08pm
500guy wrote:
That is just crazy talk
Shh... DC is the devil...
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VET176 4/29/2015 2:13pm
4/29/2015 2:13pm
newmann wrote:
All over a simple piece of paperwork. All those people, moochers and hanger ons that JS7 supports and no one stepped up to make sure their...
All over a simple piece of paperwork. All those people, moochers and hanger ons that JS7 supports and no one stepped up to make sure their cash cow was legal. Sponsors actually pay for this?
Team Ideal wrote:
simply amazing isn't it. yet somehow it's the FIM to blame
In this day and age, it's always someone else's fault.

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