Judge Recommends Overturning Blankenship's Conviction

A federal judge Monday entered an order recommending former Massey Energy CEO Don Blankenship’s conviction for his role in the Upper Big Branch Mine explosion be set aside.

Blankenship served a one-year prison sentence for a misdemeanor charge for conspiring to violate federal mine safety standards. The April 5, 2010 explosion at the Upper Big Branch Mine in Montcoal, West Virginia killed 29 men.

In the 60-page Proposed Findings and Recommendation document filed in the U.S. District Court for the Southern District of West Virginia, Magistrate Judge Omar Aboulhosn agreed with Blankenship’s arguments that attorneys for the U.S. government failed to turn over evidence that was favorable to the former CEO and could have exonerated him.

In the order, Aboulhosn said it was clear errors were made by the United States, however, attempts by Blankenship, who is referred to as “the Movant” in the document, to characterize the actions as malicious were unfounded.

 

“A detailed and thorough review of the evidence in this case clearly shows that, while errors were made and that those errors, when collectively reviewed, could have resulted in a different verdict, the undersigned did not find that the actions taken by the United States were malicious or done in bad faith,” he wrote. “The record does not establish a scintilla of evidence that then-United States Attorney Booth Goodwin and then-AUSA Steven Ruby acted in bad faith or with malice towards the Movant.”

In total, about 1,000 documents were released by prosecutors after the trial. They included emails between Mine Safety and Health Administration employees related to violations at the Upper Big Branch Mine and 61 “Memoranda of Interviews,” or witness statements.

Aboulhosn wrote there is “no question” Blankenship’s constitutional rights were violated when the government failed to turn over evidence and thus committed a Brady violation. That refers to a rule established by the 1963 U.S. Supreme Court case, Brady v. Maryland. The rule requires prosecutors to turn over any exculpatory evidence, or evidence that could absolve the defendant.

In previous filings related to the case, Aboulhosn noted that Blankenship said, “that his conviction continues to cast ‘an ongoing cloud over [Movant’s] professional and personal life.’”

If the recommendations are approved, Blankenship’s record would be wiped clean. He could also seek civil restitution.

Attorneys for the government and Blankenship have two weeks to file responses to the recommendations. U.S. District Judge Irene Berger will make the final ruling.

McConnell Capitalizes on Attack with 'Cocaine Mitch' Shirts

Senate Majority Leader Mitch McConnell is capitalizing on a fellow Republican’s attack by selling “Cocaine Mitch” shirts on his campaign’s website.

The Kentucky lawmaker’s 2020 reelection campaign tweeted Wednesday that McConnell was closing in on one of his biggest fund-raising days of the year thanks to sales of the bright red T-shirts, which feature a faceless, dark-haired figure over the name “MITCH” with a sprinkling of cocaine. On the back, they say “TEAM MITCH” and “CARTEL MEMBER.”

Buyers are urged to “join the ‘Team Mitch Cartel'” by purchasing the $35 shirts, and donating up to $2,800 per election. The campaign claimed they were “flying off the shelves.”

Don Blankenship coined the “Cocaine Mitch” moniker in a campaign ad during his failed Senate run from West Virginia last year. He was referring to a 2014 magazine article alleging that drugs were found aboard a commercial cargo ship owned by the family of McConnell’s wife, Elaine Chao, who serves as President Donald Trump’s transportation secretary.

Blankenship, who served prison time for conspiring federal mine safety violations after 29 men died in an explosion at his Upper Big Branch Mine, said he was responding to false, negative ads that McConnell’s “swamp people” ran against him.

McConnell referenced the “Cocaine Mitch” attack in a parting shot last year mocking Blankenship’s election loss. Using a poster from the Netflix series “Narcos,” the McConnell campaign photoshopped the Senate leader’s head onto the body of the actor portraying Colombian drug lord Pablo Escobar.

It’s not the first time McConnell has embraced negative labels and images that might have doomed other politicians. He acknowledged years ago that supporters of a campaign finance reform bill saw him as Darth Vader, while the bill’s opponents saw him as Luke Skywalker.

Now he seems to be embracing the dark side: “I will be the ‘grim reaper’ in the Senate when it comes to socialist schemes that would destroy jobs, private health insurance and the free enterprise system,” McConnell tweeted Wednesday.

A spokesman for the senator, Josh Holmes, said Thursday that they’ve received more than 1,000 orders for the shirts, and added bumper stickers to accommodate demand.

“Senator McConnell proves every election cycle that that having a sense of humor is the most valuable and least abundant commodity in politics,” Holmes said. “He managed to turn a slanderous attack on his family into an online movement of his supporters.”

Former Coal Baron Blankenship Sues Media, Claims Defamation

Former coal baron Don Blankenship is suing several news outlets and media personalities, claiming he was defamed during his failed bid for a U.S. senate seat in West Virginia.

Blankenship’s suit was filed Thursday in Mingo County, West Virginia. It names The Associated Press among other large media companies.

Blankenship says news organizations waged a concerted plot to destroy him by erroneously labeling him as a convicted felon or saying he was imprisoned for manslaughter.

Blankenship is the former CEO of Massey Energy, which owned a mine where a 2010 explosion killed 29 workers. He spent a year in federal prison after being convicted of conspiring to break mine safety laws, a misdemeanor.

 
Blankenship is seeking $12 billion in damages.

DOJ Opposes Overturning Coal Baron's Conviction

The U.S. Department of Justice says a federal court should not overturn the conviction of former coal baron Don Blankenship.

According to the Charleston Gazette-Mail, prosecutors argued Friday Blankenship has not proved information was withheld from his 2015 trial and opposed Blankenship’s request for an evidentiary hearing to have his conviction thrown out.

The 40-page legal brief is the first public response from the DOJ since Blankenship first asked for his conviction be vacated earlier this year.

Blankenship is the former CEO of Massey Energy, which owned a mine where a 2010 explosion killed 29 workers. He spent a year in federal prison for safety violations related to the explosion.

His conviction was upheld by the 4th U.S. Circuit Court of Appeals, and the U.S. Supreme Court declined to consider a further appeal.

West Virginia Supreme Court Denies Blankenship Ballot Bid

The state Supreme Court on Wednesday denied a last-minute bid by former coal CEO Don Blankenship to get his name on the ballot in November’s U.S. Senate…

The state Supreme Court on Wednesday denied a last-minute bid by former coal CEO Don Blankenship to get his name on the ballot in November’s U.S. Senate race in West Virginia.

The court upheld a decision by the secretary of state denying Blankenship’s application for a third-party candidacy.

“The West Virginia Secretary of State is ordered to take whatever measures are necessary to ensure that Donald L. Blankenship does not appear on the 2018 General Election Ballot for the Office of United States Senator for the State of West Virginia,” the decision said.

Blankenship has said he could go to a federal appeals court if his bid was denied. He did not immediately comment on the court’s decision Wednesday.

The court itself is in a state of upheaval. One of the judges hearing the case Wednesday was filling in for a suspended justice, and two sat in for judges who retired after lawmakers voted to impeach them.

Secretary of State Mac Warner had blocked Blankenship’s bid to run as the Constitution Party’s nominee, based on the state’s “sore loser” law. It prohibits major-party primary candidates who lose from switching to a minor party. Blankenship finished third in the Republican primary in May.

“The state of West Virginia has the right to draw reasonable restrictions to regulate elections,” said Marc Williams, who represented the secretary of state’s office at the hearing.

Blankenship argued the sore loser law was applied to him retroactively. He said lawmakers clarified the law earlier this year and it didn’t become effective until June, after he had begun the process of running as a candidate for the Constitution Party.

The secretary of state’s office said Blankenship didn’t file a certificate of candidacy until late July.

West Virginia University law professor Robert Bastress, who represented Blankenship, said Blankenship met the requirements to run on the ballot and that any election-related statutes enacted during the election cycle “are essentially changing the rules of the game.”

Attorney Elbert Lin, representing the state Republican Party, which intervened in the case, asked the court to keep Blankenship off the ballot.

The justices asked several questions, including about previous case law. One noted that Blankenship could have simply run as a write-in candidate after losing in the primary.

The Supreme Court’s fall term doesn’t start until early October but scheduled Blankenship’s hearing because the case must be expedited to enable ballot printing to be approved by an early September deadline. The Senate race features incumbent Democratic Sen. Joe Manchin; Republican nominee Patrick Morrisey, who is the state attorney general, and Libertarian candidate Rusty Hollen.

Chief Justice Margaret Workman and Justice Beth Walker heard the appeal, along with three circuit judges.

Paul Farrell was appointed to fill in for suspended Justice Allen Loughry, who faces an impeachment trial in the state Senate along with a federal trial over allegations including that he repeatedly lied about using his office for personal gain.

Workman appointed circuit judges Alan Moats and Darrell Pratt to fill in for Robin Davis and Menis Ketchum. Ketchum retired last month before the House of Delegates impeached the court’s four other justices. He has pleaded guilty to a felony fraud count related to his personal use of a state vehicle and gas fuel card and faces up to 20 years in prison. Davis retired after she was impeached.

Blankenship is the former CEO of Massey Energy, which owned a mine where a 2010 explosion killed 29 workers. He spent a year in federal prison for safety violations related to the explosion.

GOP Wants to Join Court to Keep Blankenship Off Ballot

The West Virginia Republican Party is attempting to join the legal fight to keep former coal executive Don Blankenship off the ballot as a third-party…

The West Virginia Republican Party is attempting to join the legal fight to keep former coal executive Don Blankenship off the ballot as a third-party candidate for the U.S. Senate.

The Charleston Gazette-Mail reports that if the court grants intervention, attorneys can provide arguments for the party, along with arguments by the Secretary of State’s office.

Blankenship filed a challenge with the state Supreme Court seeking to force Secretary of State Mac Warner to allow him onto the November ballot.

Warner denied Blankenship’s candidacy application to join the ballot with the Constitution Party. Warner cited the state’s “sour grapes” law following Blankenship’s loss in the Republican Senate primary. Warner’s office maintains the law prevents candidates who lose in a major party primary from running in the general election with a minor party.

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