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The Fourth Circuit, as expected, rejected my motion to void my misdemeanor conviction. It is a disappointing and clearly erroneous decision. But it is not a surprising decision.
The Brady rule is a joke. Federal prosecutors are free to do pretty much as they please in order to convict innocent Americans--those who refuse to remain silent when the government causes the deaths of American miners are left fully vulnerable to the vengeance of politicians.
The withholding of exculpatory evidence does not matter, even if withheld intentionally at the direction of a Federal Judge. In America, the rule of law has clearly been replaced by the rule of politics.
For the record, I swear to all of you, on my children and grandchildren lives and on my soul, that I am not guilty of the misdemeanor I was falsely convicted of.
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The Fourth Circuit decision even cites a false premise as the basis for voiding my “misdemeanor conviction.” The Circuit Judge’s say that I had access to company employees when I was prosecuted and tried--four years after I retired from the company. I did not.
In fact, when the company’s Chief Operations Officer’s name appeared on my potential defense witness list, he was reminded by the prosecutors, in writing, that the statute of limitations had not expired and that he could still be prosecuted.
Secondly, the Fourth Circuit says I could have called as witnesses individuals whose exculpatory FBI 302’s were withheld. Obviously, this requires my putting on a defense which I am not required to do and did not do.
Anyone who believes an average American can get a fair trial in America is simply unaware of the facts.
The prosecutors in this case behaved so badly that the DOJ itself issued a report saying that if the prosecutors were still working for DOJ, then they would recommend discipline for their misconduct.
Yet the Circuit Judges upheld the falsely achieved verdict, and so it's the Judges who should be most severely disciplined.
American politicians should stop berating other countries governments for their human rights violations, until they stop their human rights abuses.
The American political judiciary is abusive not only of Americans’ God given rights but even of their own judiciary policies.
The good news is that it is unlikely the media will refer to my upheld conviction as a “felony.” They cannot deny, as they are now doing in federal court, that they know I was only convicted of a misdemeanor.
The media can say I was prosecuted after the mine explosion. But the more meaningful truth is that I was not charged with any crime, until after I released proof that the government blew up the mine.
The government essentially admits they caused the miners deaths their own reports. The prosecution witnesses say that too.
The coal miners did not, as the government claims, kill themselves.
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Don Blankenship was the 2020 Presidential Nominee for the Constitution Party and is now a member of the Constitution Party Executive Committee.
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