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2016 WGC Hes Shady in Black.? Why not?

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Offline TIGER KING

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2016 WGC Hes Shady in Black.? Why not?
« on: April 25, 2020, 12:01:45 AM »
2016 Honors is crowned WGC, federal judge says he has to have due process, cant keep him from showing, but he is turned down going and coming.
2016 Gens Black Maverick, is turned down by the same process, but isn't allowed to show.
2016 He Shady in Black is RWGC, and passed coming and going.

Who should be WGC?

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Offline SAVAGE

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Re: 2016 WGC Hes Shady in Black.? Why not?
« Reply #1 on: April 25, 2020, 08:08:59 AM »
Ok, see, i want to know 2 things.
Why the law applied to Honors and not anyone turned down, like Maverick?

What morals drive a person to show a horse under a judges protection from being turned down, to the disadvantage of their fellow industry peers?


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Offline spotwalking

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Re: 2016 WGC Hes Shady in Black.? Why not?
« Reply #2 on: April 25, 2020, 08:11:10 AM »
Was the sentence eventually suspended?

Re: 2016 WGC Hes Shady in Black.? Why not?
« Reply #3 on: April 26, 2020, 11:46:28 AM »
My semi-legal opinion on the Honors ruling. Words in parenthesis come directly from the ruling.

(These proceedings were instituted under the Horse Protection Act… (HPA or Act) by a complaint filed by the Administrator… alleging that the respondents violated the Act.)

It’s been argued that the complaint says alleging, which means that it hasn’t been proven, so it’s only an alleged violation. I’ll answer that later.

(Respondents Daniel McSwain and Robert Keith McSwain admit the jurisdictional allegations in the complaint, specifically admits that the Secretary has jurisdiction in this matter, neither admits or denies the remaining allegations, and waives oral hearing and further procedure. The parties consent and agree to the entry of this decision for the purpose of settling the proceeding as to respondents Daniel McSwain and Robert Keith McSwain, and resolving any and all other alleged or potential violations of the Act by them…)

In the findings of fact, it lists all of the times that Honors was checked and turned down at the TWHNC including 2013, 2014, 2015, AND 2016.

(Conclusion of Law- Respondents Daniel McSwain and Robert Keith McSwain having admitted the findings and conclusions set forth above, and the parties having agreed to the entry of this decision, such decision will be entered.
Order- Respondent Danial McSwain is disqualified for eight months… Respondent Robert Keith McSwain is disqualified for eighteen months… Respondents Daniel McSwain and Robert Keith McSwain are jointly and severally assessed a civil penalty of $19,800.)

In other words, they concur that the Secretary has the right and ability to rule in this matter. Admitting or denying the remaining allegations is irrelevant to this case. The fact that they waive an oral hearing and procedure means that they are accepting the ruling of the Secretary and are accepting a plea deal, in other words, admitting guilt as to this allegation that they violated the HPA. It’s NO LONGER ALLEGED. Honors was found to have violated the HPA PRE-SHOW at the 2016 TWHNC. Therefore, he should NOT have been allowed to show. Pretty simple.

All the injunction did was force the USDA to allow him to show until he had due process. That has now happened. Will he be allowed to keep his title? Several others have not. Will justice be served? We shall see. I've not found anything to show that the sentence was suspended. Therefore, He's Shady in Black should be the uncontested 2016 WGC.

If I'm wrong, somebody please correct me. I will humbly defer to a more learned mind.

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Offline spotwalking

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Re: 2016 WGC Hes Shady in Black.? Why not?
« Reply #4 on: April 26, 2020, 12:12:23 PM »
That pretty much explains it all. But they wont take away ribbons.

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Re: 2016 WGC Hes Shady in Black.? Why not?
« Reply #5 on: May 06, 2020, 12:53:54 PM »
I have not read all the documents on this matter, but it does seem like a good task to do so.

I just hope what season we have left for 2020, all riders, and owners get a great opportunity to show and do well.
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