Don Blankenship released a statement today saying that last week his attorneys had filed legal briefs regarding two potentially landmark cases.
Blankenship commented that “both cases offer the judiciary a chance to improve our country”.
Blankenship explained that one filing titled “Blankenship versus the United States” asks the U. S. Supreme Court to void his 2015 “misdemeanor conviction” on the bases of prosecutorial misconduct and inconsistent application among the various U.S. Circuit Courts of the Brady disclosure rule. Blankenship stated that if he is successful in this appeal the likely future result will be that fewer innocent Americans will be incarcerated than are today.
The other case which was filed in the U.S. Fourth Circuit Court of Appeals, and titled “Blankenship versus Fox News et al”, asks that the court remand the case for a Jury trial in compliance with the Seventh Amendment to the U.S. Constitution. Blankenship says that if this appeal is successful it will result in less fake news, an increase in election integrity, and enhanced public debate.”
Blankenship while discussing the appeal to void his misdemeanor conviction pointed out that, “America incarcerates more of its citizens than any other nation. The “convenient U.S. government assumption” is that our being the leader in incarceration is the result of our being a stalwart nation of laws. But the fact we lead the world in incarceration per capita compels that we at least closely examine whether that is an accurate assumption.”
Blankenship also said, “The United States edges out countries like Rwanda and Turkmenistan for the title of “lead incarcerator”. He also noted that no other Western Civilization nation ranks in the top ten in incarceration per capita.”
Blankenship continued, “As an American who has been a firsthand witness of others being falsely prosecuted and who has been personally victimized by corruption, I know how critical it is that the system be reformed. The Department of Justice and biased Federal Judges ignore the Constitution and thereby have imprisoned thousands of innocent Americans. Knowing this to be a fact, I feel morally obligated to fight for criminal justice reform even though I served my sentence and paid my fine long ago.
Blankenship went on to say that, “Landmark criminal justice reform will require landmark judicial decisions and landmark legislation, not “fake legislation” which is falsely titled as “criminal justice reform””.
Commenting on the brief that was filed regarding the Fox News, et al, defamation matter which is now before the Fourth Circuit Court of Appeals, Blankenship said that “attorneys have a knack for making simple things complicated. They do so as a means of defending their clients’ wrongdoings. Fox and the other defendants’ attorneys have done exactly that. They have made a very simple fact seem very complicated”.
Blankenship went on to say, “the simple fact is that Fox News and other defendants broke the law in order to alter the outcome of the West Virginia 2018 U.S. Senate election. Worse, they did so following an appeal from the United States Government for “help to beat” Blankenship.
Blankenship continued, “The appeal for “help to beat” my candidacy was made to Fox News by the then President of the United States and the then Senate Majority Leader. The facts are exceedingly worse than Watergate. A sitting U.S. President and the Senate Majority Leader were not just beneficiaries of the corrupt act but rather they were directly involved. As for the media, they did not uncover and report on the corrupt act, as they did in the Watergate scandal, instead they became major active participants in election corruption”. .
Blankenship explained, “West Virginians were denied a fair election in 2018 as the media violated West Virginia law. The lower court has ruled that a West Virginia Jury will not get to decide the facts and render a judgment on the case. Instead the United States federal judiciary will do so in place of a Jury. One might ask why we even bother to have States given that they have no rights “except those granted to them by the federal government”.
Blankenship continued, “these two legal proceedings will not save America, but these cases can play a positive role. Surely, no American believes in false imprisonment following an unjust prosecution nor that the media is entitled to sabotage elections at the request of the government”.
Blankenship summed up by saying, “the Constitution was written to prevent the type of government abuses that are front and center in these two filings. It is timely to be reminded that the reason the Human Rights were written into the Constitution is because the English government was acting in 1776 much like our government is acting today. The framers of the Constitution were seeking to prevent the government atrocities that were inflicted upon them from being inflicted upon us”.
Blankenship further commented, “the very fact that you will not read or hear about these two cases in the media is evidence itself of where the media’s priorities lie. The intent of the government and the media is to retain their positions of power and so they will not disclose the truth about these cases because it would not benefit them to do so. The truth, the Constitution, election integrity, fair trials, government accountability, criminal justice, nor any other cause is so great in their minds as is their desire to retain their illicit financial opportunities, their influence, and their authority”.
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