FILE - In this Aug. 29, 2018 file photo former coal executive Don Blankenship waits outside the West Virginia Capitol after the Capitol was evacuated due to a fire alarm in Charleston, W.Va. A federal magistrate judge has recommended tossing Blankenship's misdemeanor conviction for conspiring to violate mine safety laws. U.S. Magistrate Judge Omar Aboulhson wrote Monday, Aug. 26, 2019 that Blankenship’s rights were violated under the Brady rule, which says suppression of evidence favorable to the accused violates due process. (AP Photo/John Raby, file)
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