The West Virginia coal mine that exploded this week and killed 25 workers has a less than pleasing legal back story. Upper Big Branch mine, operated by the Performance Coal Company, is a subsidiary of Massey Energy. That should ring a bell for lawyers and academics as the company owned by Don Blankenship, who was at the heart of the recent Supreme Court ruling in Caperton v. Massey — a case involving Blakenship’s alleged control of the West Virginia bench through massive campaign contributions.
Blankenship is widely viewed as a corrupting influence in West Virginia where he uses his considerable wealth to place judges and legislators in key positions. As if to fulfill his reputation as the Mr. Montgomery Burns of West Virginia, he is quoted by ABC as saying if you take photos, “you’re liable to get shot.” (here).
The mine involved in the recent explosion has had a history of safety infractions and citations. Since 1984, it has amassed a huge number of such citations, including 57 infractions just last month for violations that included repeatedly failing to develop and follow a ventilation plan.
Blankenship is often accused of skirting safety regulations and fighting such fines. One of his subsidiaries agreed to pay $4.2 million in criminal and civil fines just last year. He seems, however, all too willing to give money to West Virginia politicians and judges.
In the 2009 decision, Justice Kennedy wrote for a 5-4 majority that Blakenship’s massive contributions to Judge Brent Benjamin required the judge to recuse himself from cases involving Massey due to the “serious risk of actual bias.” The Due Process Clause required the recusal of Judge Brent Benjamin, according to the majority.
For the full story, click here.
And yes Wootsy, it was just what it sounds like. Victim blaming.
See anyone following the story knows the position of the miners and the families now is Union. Massey kept unions out of his mine and anyone talking union was fired from what we are now hearing from the families and other whistleblowers working at the mine. I listened to the interviews last night on MSNBC.
Tea baggers as you know are anti-union as republicans are anti-union and pro big business. So on a day following a horrific tragedy, the Tea Baggers have their reps out in force seeding the notion that the miners were to blame for the tragedy.
Here is a clear example of how two Tea Baggers can work together playing off a version of “Good cop-bad cop” only in this case its, “bad cop-not-so-bad cop”.
Bdaman plays bad cop, openly blaming the miners with statements like this;
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“10 Bdaman 1, April 7, 2010 at 9:59 am
Woosty if your local Mickey D’s was continually sited for health violations and you knew it, but you decided to continue to eat there and then you became deathly ill, who’s fault is it.
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So we see him openly calling it “their fault”.
He likens the situation to a Mcdonald’s with health violations and then declares its your fault if you eat there, thus its the miners fault, because they work there. Notice he clearly uses the word “FAULT”. The miners were at “FAULT”.
And then as a buffer we have Byron, who proceeds to openly defend his partners hateful, Tea Bag rhetoric.
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“Byron 1, April 7, 2010 at 9:57 am
Woosty:
you are misreading what Bdaman said. He is not blaming the victim, he is saying the exact opposite.”
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But we see Bdaman was saying exactly that. He openly and unabashedly blames the victim by declaring it was their “FAULT”.
So we see how the Tea Bag movement works online. Bad cop says something disgusting. Not so bad cop plays it down while still seeding the exact same thought.
Byron 1, April 8, 2010 at 1:14 pm
Bdaman:
what goneville is suggesting is pretty ugly and only someone with a warped mind could say what he is saying. this is definitely 30%, Gerty, Gregory et al.
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Really? Only those people?
Who’s this then?
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Woosty’s still a Cat 1, April 7, 2010 at 9:53 am
Your statement sounds like victim blaming.
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So do you want to retract that statement, or start calling me Wootsy too?
Byron 1, April 8, 2010 at 1:04 pm
So yes these miners know the risk and accept it as part of their jobs. To say that I am blaming them for the accident is beyond foolish.
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No Byron.
What is beyond foolish is in your first sentence laying responsibility squarely on the miners shoulders, parroting your Tea Bag partner Bdaman, and then in the second saying you’re not blaming them.
Bdaman:
what goneville is suggesting is pretty ugly and only someone with a warped mind could say what he is saying. this is definitely 30%, Gerty, Gregory et al. I figured as much from the phys. heal thyself thread. Same style of argument. It is canned and meant to incite. This individual must be very frustrated with their life and definitely a provocateur.
Mespo has had this guys/gals number from the get go.
I wouldnt bother to respond anymore to this individual.
goneville:
I used to be a roughneck, it is a very dangerous occupation, you can get seriously injured or killed in multiple ways. From a rig fire to a helicopter crash or having something drop on you. I knew a guy that was using a chain wrench to tighten up a drill stem and the tool pusher grabbed the wrong handle and the rotary table spun the pipe and it almost killed that guy, he had to be medivaced to Anchorage.
So yes these miners know the risk and accept it as part of their jobs. To say that I am blaming them for the accident is beyond foolish.
“Bdaman 1, April 8, 2010 at 12:52 pm
you made the same argument on another thread under the name Gerty when the man died during the snowstorm. Deny it if you want to.”
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So your defense is to once more launch false accusations about me?
Claiming I’m someone else to smear me with their comments is not a defense. In fact, I don’t think there is a defense for what you and Byron have been saying in here. If it weren’t for the tragedy I’d think it would be good for the people of West Virginia to see the Tea Party “take” on this disaster.
It might once and for all open their eyes to what the right wing really thinks about them.
are online the day after 25 miners died, blaming the miners for their own deaths.
you made the same argument on another thread under the name Gerty when the man died during the snowstorm. Deny it if you want to.
You, Byron and Duh could be triplets.
From what I’ve seen you all three parrot tea party and republican talking points like you worked for Fox news or something.
Here we have a terrible tragedy in which 25 families are torn apart, and the day after they die you two couldn’t resist going online to make sure people know that “THEY” were to blame for their own deaths.
Never mind you so graciously in your morbid proclamation also included the mine or the government. It takes a special sort of mindless loyalty to go on the internet the day after 25 miners died and proclaim they are to blame for their own deaths.
I don’t believe any of you are paid trolls because party loyalty like that you just can’t buy.
Bdaman 1, April 8, 2010 at 12:44 pm
That would be Company, Miners and Government.
Read this one again
Bdaman 1, April 7, 2010 at 9:59 am”
Well I am reading it Bdaman.
And it says you’re blaming the miners for their deaths.
No one asked “who else are you blaming”.
I asked if you were blaming the miners for their deaths. And in your usual cohesive fashion both you and your partner Byron are online the day after 25 miners died, blaming the miners for their own deaths.
That one would be Mickey D’s, the health dept. and Wootsy
That is tre not uno BOZO
That would be Company, Miners and Government.
Read this one again
Bdaman 1, April 7, 2010 at 9:59 am
You don’t read real well do you
12 Bdaman 1, April 7, 2010 at 10:02 am
Byron BOTH are to blame ALONG WITH THE GOVERNMENT.
How did you come up with this
So you’re both blaming the miners for their deaths?
Bdaman 1, April 7, 2010 at 9:12 am
It’s like the miners accept the poor safety conditions.
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Bdaman 1, April 7, 2010 at 9:59 am
Woosty if your local Mickey D’s was continually sited for health violations and you knew it, but you decided to continue to eat there and then you became deathly ill, who’s fault is it.
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#
Bdaman 1, April 7, 2010 at 10:01 am
I’m sure the miners have the ability to strike and refuse for a safer working environment. Many of these families have worked these mines for generations.
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12 Bdaman 1, April 7, 2010 at 10:02 am
Byron both are to blame along with the government.
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“Byron 1, April 8, 2010 at 7:48 am
Mining is a very dangerous business and those miners knew the risks and did so of their own volition to provide for their families. ”
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Now I see why you’re defending your friend.
So you’re both blaming the miners for their deaths?
“Byron 1, April 8, 2010 at 7:48 am
Goneville:
this is an extreme tragedy and I don’t think you should get into an argument with Bdaman about it”
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Thanks Byron but as a proven partner of Bdaman and conservative troll I hardly would consider your advice on anything. Particularly when I simply asked BDaman to explain his statement, which is a statement needing an explanation.
Good Morning Swartzmore mom…..
Correction yesterday should be last year. However in March 2010 they had 53 or 57 complaints.
Last year, the number of citations issued against the the non-union Massey Energy Corp. Upper Branch mine more than doubled, to over 500, from 2008, and the penalties proposed against the Upper Branch mine more than tripled, to $897,325 in 2009. Statistics that are unheard of at union mines, that would otherwise be shut-down a mine, but, not the Upper Branch mine. Profits soared in 2009 for Massey Energy corporation from operations at the Upper Branch coal mine.
http://leftintexas.newsvine.com/_news/2010/04/08/4131210-poll-is-the-massey-energy-corp-mine-explosion-proof-that-union-busting-and-profit-over-worker-safety-is-bad-for-middle-class-miners
“Laws are supposed to act to prevent very bad things through the functions of regulation (civil and criminal) and enforcement.
Yet government should stay out of business, as you so often assert? ”
Political viewpoints are theory until they become law. Then they are enforceable…and enforced, or there is no law. If politics, like corruption, prevent the enforcement of the current law of the land…is that not, in and of itself, a corruption of the law?
The ceo is a really really bad. http://workinprogress.firedoglake.com/2010/04/06/who-is-don-blankenship/
I read an article yesterday that massey had over 500 valid safety complaints yesterday. Pinkerton got its start during the civil war and was used after that to break up the striking miners as well.
During a War or conflict the US Troops were sent in to force miner back to work. In some cases GI’s were used to mine when they would not.
Link: http://en.wikipedia.org/wiki/United_Mine_Workers
@Byron,
“Mining is a very dangerous business and those miners knew the risks ….”
I don’t agree Byron, that those miners could know the risks given the corruption involved.
Even if one *suspects* a corrupt environment, it’s very nature is hidden and/or nebulous and quite often only becomes apparent after damage is done.
Power marries corruption and gives birth to risk. And then hides it and passes it on to some undeserving soul….
Byron 600 violations in 18 months adds up to one big ass mistake no matter if 90% of those violations were minor.