Part I – BillyGoBoy.Com Publisher Appeals USDA APHIS’S Violation Of Public’s Right To Know Under First Amendment To U. S. Constitution

Part I – IN DEPTH REPORT

Washington, D.C.  –  In response to USDA APHIS Administrator Mr. Kevin Shea, and other agency officials, decision to deny the “Public’s Right To Know”, the Publisher of  BillyGoBoy.Com website filed a FOIA APPEAL (Freedom Of Information Act) on Friday, November 17, 2017.  

This was done in an effort to obtain the 2016 Violation Citation/Ticket document which shows that  2017 World Grand Champion Tennessee Walking Horse “Gen’s Black Maverick” was allegedly “SORE” at the 2016 Tennessee Walking Horse National Celebration, all set out in HPA (Horse Protection Act) Docket   #17-0169 – USDA:  In Re:  Bill Callaway.

https://www.oaljdecisions.dm.usda.gov/sites/default/files/12-Bill%20Callaway%20-%20HPA-17-0169%20-%203.29.17.pdf

Mr. Kevin Shea, Administrator, USDA APHIS

Statement By BillyGoBoy.Com Publisher

“We are prepared to take this wherever it leads,” said Clant M. Seay, Publisher of BillyGoboy.Com website publication.   The public’s right to know, as provided by the First Amendment (Freedom of the Press) to the U. S. Constitution,  is paramount and sacred.  Under the FOIA law  the USDA APHIS has 20 business days to provide a response to this FOIA Appeal.  If the USDA APHIS does not provide the requested documents on or before Monday, December 18, 2017,  then I will seek redress in United States District Court to require them to do so. I hope that this will not be necessary, and that USDA APHIS Administrator Mr. Kevin Shea  will choose to do the ‘right thing'”.

Clant M. Seay, Publisher, BillyGoBoy.Com Website Publication

“USDA  APHIS Administrator Mr. Kevin Shea, and his cohorts,  should not,  in this instance,  refuse to reveal the identities of the persons who have allegedly perpetuated acts of Animal Cruelty against beautiful docile Tennessee Walking Horses.  APHIS should provide transparency, rather than refusing to release vital newsworthy information that the public needs to know in order to be fully educated regarding the institutionalized endemic Animal Cruelty being inflicted upon Tennessee Walking Horses (“Big Lick”) in the State of Tennessee and across the United State of America.  

“Gen’s Ice Glimmer” – Victim Of “Big Lick” Animal Cruelty To TN Walking Horses

Glimmer's feet

GEN’S ICE GLIMMER, TWHBEA #24704770, Blood Type ‪#‎TWT050457‬

“The USDA officials are charged with protecting the welfare of “The Horses”, not participating in “cover up schemes” to keep the public from knowing what is being done to harm them,  and to protect the “Trainers” who are doing it on behalf of wealthy individuals who own and show them.  The Horse Protection Act (HPA) cases against Mr. Bill Callaway, Mr. Keith Rosbury and Ms. Elaine Rosbury have been finally adjudicated as evidenced by Consent Decision Orders.  There is no justifiable reason for USDA APHIS to withhold the information requested on September 8, 2017, for “Urgent Breaking News Story” by BIllyGoBoy.Com website publication under FOIA (Freedom of Information Act),” said Seay.


“Gen’s Black Maverick” – Trainer BOYZ Mr. Bill Callaway – Owners Keith & Elaine Rosbury, September 2, 2017  –  Tennessee Walking Horse National Celebration

Facebook Photo – Sep. 3, 2017

“Gen’s Black Maverick” – Victim Of “Big Lick” Animal Cruelty to TN Walking Horses – 2012 DQP Inspector Ticket – Mississippi Charity Horse Show – Jackson, MS

Mr. Jeffrey Howard Presents Mr. Keith Rosbury, Owner of “Gen’s Black Maverick” With 2017 World Grand Championship Trophy – Sep. 2, 2017

 

On September 8, 2017,   the BillyGoBoy.Com FOIA request asked the USDA APHIS to provide any and all HPA violation tickets and/or Citations issued by the USDA VMO inspectors of the S.H.O.W., Inc. HIO inspectors which cite or charge or allege Mr. Bill Callaway with any violations pertaining to,  or non-compliance with,  provisions of the Horse Protection Act, as they are or may be set out and/or attached to or referenced in a Complaint filed in HPA Docket 17-0169.”

On November 13, 2017,  USDA APHIS letter said,  “APHIS’ policy to neither confirm nor deny the existence of any records which would tend to indicate or reveal whether an individual or business is of investigatory interest to APHIS. Acknowledging APHIS’ interest invites the violation of individual privacy or the risk of circumvention of federal law enforcement efforts or could deprive a person of a fair trial or impartial adjudication. Therefore, APHIS will neither confirm nor deny the existence of records which would indicate whether an individual or a business is or has ever been of investigatory interest.” (bolding by editor)

BillyGoboy.Com Publisher Clant M. Seay said,  “The problem with the USDA APHIS position is that “Gen’s Black Maverick’s” TRAINER BOYZ  Mr. Bill Callaway and Owners Mr. Keith Rosbury and Ms. Elaine Rosbury ALL entered into Consent Decisions Orders with USDA APHIS approved by Office of Administrative Law Judge to resolve allegations of “SORING” perpetrated upon “Gen’s Black Maverick” at the 2016 Tennessee Walking Horse National Celebration.  By doing so,  there is no more:

  •  “Investigatory Interest”  or
  • “Individual Privacy” or
  • “Risk Of Circumvention  Of Federal Law Enforcement Efforts or
  • Could Deprive A Person Of A Fair Trial Of Impartial Adjudication”.

Excerpt From  BillyGoBoy.Com FOIA APPEAL

FREEDOM OF INFORMATION ACT (FOIA) REQUEST TIMELINE

  • September 2, 2017 –  “Gen’s Black Maverick” trained by Mr. Bill Callaway of Shelbyville, TN,  and owned by Mr. Keith Rosbury and Ms. Elaine Rosbury of Bell Buckle, TN,  won the 2017 World Grand Champion Class at the Tennessee Walking Horse National Celebration.

 

  • September 5, 2017  – BillyGoboy.Com website broke the story that, within 24 hours of winning the Celebration,  Trainer BOYZ Mr. Bill Callaway went on USDA Federal Suspension for alleged “HORSE SORING” on an unidentified Tennessee Walking Horse at the 2016 Tennessee Walking Horse National Celebration.   The news was subsequently reported on Nashville TV Channel 5 (CBS),  Shelbyville Times-Gazette newspaper and columnist Mr. Roy Exum of Chattanooga, TN.  (The identity of the Tennessee Walking Horse that Mr. Bill Callaway allegedly “SORED was not known by BillyGoboy.Com on September 5, 2017.  It was subsequently discovered and published by BillyGoboy.Com on October 11, 2016,  when it  it was learned that USDA Office of Administrative Law Judge finalized a Consent Decision Order September 26, 2017 adjudicating cases regarding “Gen’s Black Maverick” against Owners Mr. Keith Rosbury in HPA Docket #17-0172, and Ms. Elaine Rosbury in HPA Docket #17-0173.)

 

 

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  • September 7, 2017BillyGoboy.Com Publisher asked the Office of Public Affairs for USDA APHIS to provide the Horse Protection Act Violation Citation Ticket issue to the Tennessee Walking Horse that Mr. Bill Callaway allegedly “SORED” at the 2016 Tennessee Walking Horse National Celebration.  In  making the request,  the Publisher of BillyGoBoy.Com explained that the information was needed for an “Urgent Breaking News Story”.    Who, What, When, Where of HPA Docket No. 17-0169 asap”.

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“URGENT REQUEST – BREAKING NEWS STORY – Who, What When, Where Of HPA Docket No. 17-0169 – 2:23 P.M., EDST – SEP. 7, 2017


“Hi Tanya and Mr. Bell,

I just left voice mail for each of you.
I am working on breaking news story:
I please need the particulars of:     “Respondent is assessed a $1,100 civil penalty, to be paid by April 30, 2017, by check made payable to USDA/APHIS, indicating that the payment is in reference to HPA Docket No. 17-0169, and sent to:”
I request asap the :  Who, What, When, Where of HPA Docket No. 17-0169 asap.
I ask you to please call me immediately upon your receiving this email, and appreciate your help in obtaining what I need to cover this matter.
Thank you.
Clant M. Seay
662-XXX-XXXX  (Mobile)
Publisher,  BillyGoBoy.Com website publication”
===============================================
  • September 7, 2017 – The Public Affairs officer verbally denied the BillyGoboy.Com Publisher’s request,  and informed him that the information could be requested under the Freedom of Information Act (FOIA).

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REPLY BY:  USDA APHIS PUBLIC AFFAIRS OFFICE

—–Original Message—–
From: Bell, Richard A – APHIS <Richard.A.Bell@aphis.usda.gov>
To: ‘Clant Seay’ <cmseaylaw@aol.com></cmseaylaw@aol.com>
Sent: Thu, Sep 7, 2017 2:18 pm
Subject: RE: URGENT REQUEST – BREAKING NEWS STORY – Who, What, When, Where of HPA Docket No. 17-0169 – 2:23 PM EDST – SEP. 7, 2017

Nice talking to you, Clant.

Here is the announcement we made last month about the inspection database.

https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/sa_by_date/sa-2017/sa-08/compliance-database

Also, unrelated to your inquiry, we made another announcement the week after.

https://www.usda.gov/media/press-releases/2017/08/23/usda-seeks-public-input-updates-animal-welfare-act-licensing

I’ll check on that FOIA contact you asked about and get back to you.

Best,
R. Andre Bell
Public Affairs Specialist
United States Department of Agriculture
Animal and Plant Health Inspection Service
Legislative and Public Affairs – 4700 River Road, Unit 51, Rm. 2B-03.8
Riverdale, MD 20737
Phone: (301) 851-4059

================================

  • September 8, 2017 – The BillyGoboy.Com Publisher by Email transmitted a Freedom Of Information Act (FOIA) request to USDA APHIS FOIA Officer as follows:

“Dear FOIA Officer,

I own the website publication www.billygoboy.com.

I am covering a breaking news story regarding Mr. Bill Callaway’s alleged violation of the Horse Protection Act which is believed to have occurred at the 2016 Tennessee Walking Horse National Celebration,  see HPA Docket 17-0169,  In Re:  Bill Callaway – Consent Decision.

Here is the article I published on September 5, 2017.

Walking Horse Trainers BOYZ Mr. Bill Callaway Wins World Grand Championship, Then Goes On Federal Suspension For Alleged Horse Protection Act Violation

Here is CONSENT DECISION ORDER dated Mar. 29, 2017, “In Re: Bill Callaway”.

https://www.oaljdecisions.dm.usda.gov/sites/default/files/12-Bill%20Callaway%20-%20HPA-17-0169%20-%203.29.17.pdf

I respectfully request that you please expeditiously provide me with any and all HPA violation tickets and/or Citations issued by the USDA VMO inspectors of the S.H.O.W., Inc. HIO inspectors which cite or charge or allege Mr. Bill Callaway with any violations pertaining to,  or non-compliance with,  provisions of the Horse Protection Act, as they are or may be set out and/or attached to or referenced in a Complaint filed in HPA Docket 17-0169.

I specifically request the original document/s setting forth alleged charges.    It is my information that this alleged violation of the Horse Protection Act by Mr. Bill Callaway occurred during the 2016 Tennessee Walking Horse National Celebration which was held in Shelbyville, TN.  I ask to please be provided as expeditiously as possible with any and all documents which relate in any way to these alleged Horse Protection Act violations by Mr. Bill Callaway including, but not limited to,    the date of the alleged offense/s;  the names of the horse/s and their owners (including addresses) to which the alleged offense/s pertain or are related; the alleged offenses, and any other pertinent information which will allow me to inform the public regarding this matter.

Please confirm receipt of this request made by email.

Please advise when you anticipate providing me by email to this email address – cmseaylaw@aol.com –  the requested item/s.

Your consideration in expediting this request is very much appreciated.

As always, thanks for your assistance.

Clant M. Seay
662-XXX-XXXX
Publisher,  www.billygoboy.com

C:  Mr. Richard Andre Bell, Public Affairs Specialist”

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  • September 11, 2017BillyGoboy.Com website broke the story that Trainer BOYZ Mr. Bill Callaway went on USDA Federal Suspension for alleged “HORSE SORING” on an unidentified Tennessee Walking Horse at the 2016 Tennessee Walking Horse National Celebration.   The news was then reported on Nashville TV Channel 5 (CBS),  Shelbyville Times-Gazette newspaper and columnist Mr. Roy Exum of Chattanooga, TN.

National News Story Brewing Over Animal Cruelty Involving Walking Horse Trainer BOYZ Mr. Bill Callaway & 2017 World Grand Champion TWH “Gen’s Black Maverick” (2012 HPA Citation) – Owned By Mr. And Mrs. Keith & Elaine Rosbury, Bell Buckle, TN

  • October 16, 2017 –  BillyGoBoy.Com website broke the story that the allegedly “SORE Horse” at the 2016 Celebration set out in the USDA APHIS case against Mr. Bill Callaway, HPA Docket 17-0169, was none other than 2017 World Grand Champion -“Gen’s Black Maverick” – owned by Mr. Keith and Ms. Elaine Rosbury of Bell Buckle, Tennessee.

 

  • Delay In USDA APHIS Response – There was a USDA APHIS delay of 66 days before USDA APHIS FOIA Officer Mr. Robbie Perry apologized for the delay, before finally responding and communicating the denial by USDA APHIS of the BillyGoboy.Com FOIA request submitted on September 8, 2017.

 

  • November 13, 2017 – The FOIA Officer provided the Publisher of BillyGoboy.Com a letter by Email transmittal responding to and denying the BillyGoBoy.Com request for information under the Freedom of Information Act (FOIA).

 

USDA APHIS LETTER TO BillyGoBoy.Com – November 9, 2017

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ANALYSIS:

The problem with the USDA APHIS Administrator Mr. Kevin Shea’s position in refusing to provide the documents requested by BillyGoBoy.Com under the Freedom of Information Act (FOIA)  is that “Gen’s Black Maverick’s” TRAINER BOYZ  Mr. Bill Callaway,  and Owners Mr. Keith Rosbury and Ms. Elaine Rosbury,  ALL entered into Consent Decisions Orders approved by USDA Office of Administrative Law Judges with USDA APHIS to resolve allegations of “SORING” perpetrated upon “Gen’s Black Maverick” at the 2016 Tennessee Walking Horse National Celebration.

By doing so,  there is no more:

  • “Investigatory Interest”  or
  • “Individual Privacy” or
  • “Risk Of Circumvention  Of Federal Law Enforcement Efforts” or
  • Could Deprive a person of a fair trial or impartial adjudication

that can be used to deny their release of documents to BillyGoBoy.Com website publication per the Freedom of Information Act request made on September 8, 2017.

Clant M. Seay, Publisher of BillyGoBoy.Com Website Publication

Nephew Eugene says the USDA APHIS Mr. Kevin Shea doesn’t have a leg to stand on by refusing to provide the documents requested by BilllyGoBoy.Com under the Freedom of Information Act, but that doesn’t mean that USDA is going to do the “Right Thing” and provide them by December 20, 2017 deadline, either.  

Nephew Eugene says, “That’s exactly why they put the doors on the courthouse.  “Rule of Law” is what makes America different from all the other countries in the world.”

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FOIA APPEAL BY BillyGoBoy.Com Publisher – November 17, 2017

Here is my FOIA request dated September 8, 2017:

From:  Clant Seay <cmseaylaw@aol.com></cmseaylaw@aol.com>
To:  foia.officer <foia.officer@aphis.usda.gov>
Cc:  richard.a.bell <richard.a.bell@aphis.usda.gov>; cmseaylaw <cmseaylaw@aol.com>

Subject:   FOIA Request – URGENT – BREAKING NEWS STORY – “In Re: Bill Callaway – HPA Docket 17-0169 _ September 8, 2017

Date:   Fri, Sep 8, 2017 1:17 am

Dear FOIA Officer,

I own the website publication www.billygoboy.com.

I am covering a breaking news story regarding Mr. Bill Callaway’s alleged violation of the Horse Protection Act which is believed to have occurred at the 2016 Tennessee Walking Horse National Celebration,  see HPA Docket 17-0169,  In Re:  Bill Callaway – Consent Decision.

Here is the article I published on September 5, 2017.

Walking Horse Trainers BOYZ Mr. Bill Callaway Wins World Grand Championship, Then Goes On Federal Suspension For Alleged Horse Protection Act Violation

Here is the Consent Decision dated March 29, 2017, “In Re: Bill Callaway”.

https://www.oaljdecisions.dm.usda.gov/sites/default/files/12-Bill%20Callaway%20-%20HPA-17-0169%20-%203.29.17.pdf

I respectfully request that you please expeditiously provide me with any and all HPA violation tickets and/or Citations issued by the USDA VMO inspectors of the S.H.O.W., Inc. HIO inspectors which cite or charge or allege Mr. Bill Callaway with any violations pertaining to,  or non-compliance with,  provisions of the Horse Protection Act, as they are or may be set out and/or attached to or referenced in a Complaint filed in HPA Docket 17-0169.

I specifically request the original document/s setting forth alleged charges.    It is my information that this alleged violation of the Horse Protection Act by Mr. Bill Callaway occurred during the 2016 Tennessee Walking Horse National Celebration which was held in Shelbyville, TN.  I ask to please be provided as expeditiously as possible with any and all documents which relate in any way to these alleged Horse Protection Act violations by Mr. Bill Callaway including, but not limited to,    the date of the alleged offense/s;  the names of the horse/s and their owners (including addresses) to which the alleged offense/s pertain or are related; the alleged offenses, and any other pertinent information which will allow me to inform the public regarding this matter.

Please confirm receipt of this request made by email.

Please advise when you anticipate providing me by email to this email address – cmseaylaw@aol.com –  the requested item/s.

Your consideration in expediting this request is very much appreciated.

As always, thanks for your assistance.

Clant M. Seay
662-380-3367
Publisher,  www.billygoboy.com

C:  Mr. Richard Andre Bell, Public Affairs Specialist

Here are BillyGoBoy.Com blog articles:
September 5, 2017

Walking Horse Trainers BOYZ Mr. Bill Callaway Wins World Grand Championship, Then Goes On Federal Suspension For Alleged Horse Protection Act Violation

 

September 11, 2017

National News Story Brewing Over Animal Cruelty Involving Walking Horse Trainer BOYZ Mr. Bill Callaway & 2017 World Grand Champion TWH “Gen’s Black Maverick” (2012 HPA Citation) – Owned By Mr. And Mrs. Keith & Elaine Rosbury, Bell Buckle, TN

October 16, 2017

2017 World Grand Champion Gen’s Black Maverick Allegedly SORED By Trainer BOYZ Mr. Bill Callaway At 2016 Tennessee Walking Horse Super Bowl (Celebration)

OALJ CONSENT DECISIONS AND ORDERS:

Here is the Consent Decision And Order entered into by Mr. Bill Callaway, Trainer of “Gen’s Black Maverick”, which was approved by Office Of Administrative Law Judge Jill S. Clifton on March 29, 2017, in HPA Docket Case #17-0169.

https://www.oaljdecisions.dm.usda.gov/sites/default/files/12-Bill%20Callaway%20-%20HPA-17-0169%20-%203.29.17.pdf

Here are the Consent Decisions And Orders entered into by Mr. Keith Rosbury (HPA Docket #17-0172), and Ms. Elaine Rosbury (HPA Docket #17-0173), respectively, owners of Tennessee Walking Horse “Gen’s Black Maverick”, which were approved by Office of Administrative Law Judge Jill S. Clifton on September 26, 2017.

https://www.oaljdecisions.dm.usda.gov/sites/default/files/_Keith%20Rosbury_Redacted.pdf

https://www.oaljdecisions.dm.usda.gov/sites/default/files/_Lorraine%20Rosbury_Redacted.pdf

The above referenced three OALJ Consent Decisions and Orders, entered into by Mr. Bill Callaway, Mr. Keith Rosbury and Ms. Elaine Rosbury, which were approved and finalized by Office of Administrative Law Judge Jill S. Clifton, conclusively and finally adjudicated any alleged violations of the Horse Protection Act of 1970, as amended, by these respective three individuals pertaining to HPA Docket #17-0169; HPA Docket #17-0172. ; and HPA Docket #17-0173.

It is not proper under the Freedom of Information Act (FOIA) for APHIS to not provide the requested documents to BillyGoBoy.Com website publication by invoking Section 7A Exemption to the Freedom of Information Act (FOIA) citing “investigatory interest” as the reason for not providing these documents regarding which the public has a right to know because the federal investigation has been concluded, and a final judicial disposition was made.

Mr. Perry’s denial letter states grounds for denial of my FOIA request: “ … violation of individual privacy or the risk of circumvention of federal law enforcement efforts or could deprive a person of a fair trial or impartial adjudication.” Mr. Bill Callaway, Mr. Keith Rosbury and Ms Elaine Rosbury all voluntarily entered into Consent Decisions and Orders which finally adjudicated the alleged HPA charges against them, and by their doing so, any possible issues concerning their privacy, circumvention of federal law enforcement efforts, or deprivation of a fair trial, or impartial adjudication, were all rendered moot.

It is now Day 70 since I first made my request under the Freedom of Information Act (FOIA) to APHIS for expedited review and to please provide the information necessary for me to write an urgent “Breaking News Story” for BillyGoBoy.Com regarding this horse “SORING” issue centered around the Trainer, Mr. Bill Callaway, and Owners, Mr. Keith Rosbury and Ms. Elaine Rosbury, of the 2017 World Grand Champion Tennessee Walking Horse, “Gen’s Black Maverick” (Sep. 2, 2017).

The BillyGoBoy.Com website publication covers the issue of Animal Cruelty to Tennessee Walking Horses (“Big Lick”) with a national and international readership. In my opinion, the significant public interest and its right to know, and the intent of the Freedom of Information Act (FOIA), to allow news reporters to have access to public information in order to accurately report the news, have been thwarted and obstructed by APHIS’s delay in providing the information that I requested on September 8, 2017.

The FOIA grants your office no more than twenty (20) working days in which to respond to this appeal. Please electronically provide your response to me at: cmseaylaw@aol.com May I please have it no later than close of business on Friday, December 15, 2017, and, hopefully, sooner.

If I can facilitate your review, and the expeditious release of the requested records, please contact me by telephone – 662-380-3367 or cmseaylaw@aol.com

Thank you for your assistance.

Yours very truly,

/s/ Clant M. Seay_______
Clant M. Seay, Publisher
BillyGoBoy.Com Website Publication

c: Law Office of Clant M. Seay”

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Front Porch – Hilltop Market – Theta, Tennessee

THETA HILL TOP MARKET