To whom it may concern:

Well, I need to thank Judge Irene Berger. She finally rejected Federal Judge Aboulhosn’s recommendation to void my misdemeanor conviction, as I publicly requested she do.  

My request not to void the misdemeanor conviction was based on Judge Aboulhosn’s comment that there was not a “scintilla” of evidence that the prosecutors intentionally did anything wrong.  Even Berger did not agree that there was no evidence that Goodwin and Ruby intentionally did anything wrong.  She instead said that what they did was “troubling.”

Judge Berger essentially ruled that in order to get a fair trial in America an accused person has to conduct as thorough an investigation as does the United States government.  She destroyed the Brady law with her ruling.  

Her ruling even excuses the prosecutors for withholding a government agency email which said that the government had a shredding party and altered UBB related documents during the federal investigation. The lead prosecutor, Ruby, even testified that he was ordered to withhold every post-indictment FBI interview report from my defense, because, in his opinion, Federal Judge Joseph Goodwin was angry at my defense attorneys.  

At least now if the Federal Appeals Court is going to let Berger’s decision stand they will have to affirm that kangaroo courts and politically motivated false and vindictive prosecutions are still acceptable in America.  It is my expectation that they will do exactly that given that this same Appeals court sent me to federal prison for a misdemeanor, prior to any appeal. 

Hopefully, Judge Berger actually believes that I am guilty of conspiring to commit mine safety violations.  Otherwise, she is an even worse person than I think she is.  But you can be sure—I am not guilty.  I am not capable of being guilty of what I was convicted of.  Not even close.

If I were guilty, then I would not have tried so hard to overturn and then to void a misdemeanor conviction.  More obvious is that the United States government (including members of both major political parties) would not have tried so hard to sustain it.  The government had to sustain my misdemeanor conviction to discredit the truth about UBB and to protect their lies and their cover-up.  Why else would the United States try so hard for over four years to sustain a misdemeanor conviction? 

What I am guilty of is telling the truth and standing up for the perished miners and those that managed Massey and the UBB mine.  Hopefully, someday people will recognize that MSHA caused the mine to blow up—not the coal miners, as MSHA falsely claims.  Miners lives could be needlessly lost again, because those responsible for the UBB explosion and the coverup have escaped accountability for now. 

All that Judge Berger, Booth Goodwin, Senator Joe Manchin, and many in the media have done is expose what they are—cheats, liars, and misfits.  

The media and our government are the truth’s biggest enemy.  

Belated Happy New Year!!!!   

Don