Category Archives: Government workers and pensions

Cruz, “Liberty” and Teletubbies

AP CRUZ A USA VA By Peter Galuszka

Where’s the “Liberty” in Liberty University?

The Christian school founded by the controversial televangelist Jerry Falwell required students under threat of a $10 “fine” and other punishments to attend a “convocation” Monday where hard-right U.S. Sen. Ted Cruz announced his candidacy for president.

Thus, Liberty produced a throng of people, some 10,000 strong, to cheer on Cruz who wants to throttle Obamacare, gay marriage, abolish the Internal Revenue Service and blunt immigration reform.

Some students stood up to the school for forcing them to become political props. Some wore T-Shirts proclaiming their support of libertarian Rand Paul while others protested the university’s coercion. “I just think it’s unfair. I wouldn’t say it’s dishonest, but it’s approaching dishonesty,” Titus Folks, a Liberty student, told reporters.

University officials, including Jerry Falwell, the son of the late founder, claim they have the right as a private institution to require students to attend “convocations” when they say so. But it doesn’t give them the power to take away the political rights of individual students not to be human displays  in a big and perhaps false show.

There’s another odd issue here. While Liberty obviously supports hard right Tea Party types, the traditional Republican Party in the state is struggling financially.

Russ Moulton, a GOP activist who helped Dave Brat unseat House Majority Leader Eric Cantor in a primary last summer, has emailed party members begging them to come up with $30,000 to help the cash-strapped state party.

GOP party officials downplay the money problem, but it is abundantly clear that the struggles among Virginia Republicans are as stressed out as ever. Brat won in part because he cast himself as a Tea Party favorite painting Cantor as toady for big money interests. The upset drew national attention.

Liberty University has grown from a collection of mobile homes to a successful school, but it always has had the deal with the shadow of its founder. The Rev. Falwell gained notoriety over the years for putting segregationists on his television show and opposing gay rights, going so far as to claim that “Teletubbies,” a cartoon production for young children, covertly backed homosexual role models.

Years ago, the Richmond Times-Dispatch published a story showing that the Rev. Falwell took liberties in promoting the school he founded in 1971. Brochures touting the school pictured a downtown Lynchburg bank building with the bank’s logo airbrushed off. This gave the impression that Liberty was thriving with stately miniature skyscrapers for its campus.

Some observers have noted that Liberty might be an appropriate place for the outspoken Cruz to launch his campaign. The setting tends to blunt the fact that he’s the product of an Ivy League education – something that might not go down too well with Tea Party types – and that he was actually born in Canada, although there is no question about his U.S. citizenship and eligibility to run for question.

Hard-line conservatives have questioned the eligibility of Barack Obama to run for U.S. president although he is likewise qualified.

With Cruz in the ring and Liberty cheering him, it will make for an interesting campaign.

The McDonnell Saga Is Far From Over

maureen mcdonnell sentencedBy Peter Galuszka

Former Virginia First Lady Maureen McDonnell has been sentenced to 12 months and a day in federal prison, but the GiftGate saga is far from over.

She will appeal as has her husband, former Gov. Robert F. McDonnell, who was sentenced to two years in prison last month. The now estranged couple was convicted of public corruption felonies, making McDonnell the only Virginia governor, past or present, to be convicted of a crime.

The next step is for the former governor’s appeals to be heard at the U.S. Fourth Circuit Court of Appeals in May. The issue is whether so-called “honest services fraud” for which both were convicted, should be interpreted broadly or narrowly.

During their trial, U.S. District Judge James Spencer took the broad approach, instructing the jury that there did not have to be a very strict “quid pro quo” for them to return a guilty verdict. He reiterated his stand on Friday by overruling a slew of motions from the defense relating to the issue.

The appeals could have far-reaching consequences, as I reported with a colleague on Bloomberg News this week. Charles James, a former federal prosecutor who works at the Williams Mullen law firm in Richmond, says the case “could be the next case to further restrict the use” of the honest-services fraud statute.

If the Robert McDonnell’s appeal is successful, then it would have a big impact on his wife, as well as loosen the interpretation nationally of how far “honest services” should go.

If the government is successful, then expect a crackdown on public official hankie-pankie.

At Friday’s sentencing, eight character witnesses described Ms. McDonnell, 60, as an empathetic, self-sacrificing woman who would do anything for her children and husband.

That image stands in marked contrast to the image defense lawyers for her husband painted during the trial. Incredibly, her own lawyers piled on with the idea that Maureen McDonnell was a naïve but abusive woman who hated being First Lady. She was so frustrated with her husband ignoring her for his political career that she got entangled with Jonnie (the serpent) Williams, who ran Star Scientific, a Henrico company that made and marketed vitamin supplements.

Williams gave the financially strapped McDonnells about $177,000 in gifts, loans and trips while the McDonnells set up meetings with state officials to the products of his money-losing firm. Ironically, the main product was Anatabloc, a skin cream, which has since been ordered off the market the Food and Drug Administration.

At the top of this blog, you see a teaser story that the convictions were corrupted by Williams’ dubious integrity. That’s nonsense, of course. Prosecutors use inside testimony, especially in organized crime and drug cases, all the time.

The bigger issue is whether “honest services” means bribery or whether it is a normal part of setting up appointments by public officials to consider projects that might benefit their city, state or country. This will be the key issue in the appeals.

Meanwhile, the soap opera has been weirdly painful, fascinating and entertaining. It’s also been rather crass. The former governor tries to come off like a Boy Scout yet refused a chance to cop a plea in exchange for Maureen not being indicted at all. She was not a public official, but non-public officials have been convicted in the past of honest services fraud.

Both defense teams made Maureen the scapegoat. She was portrayed as a greedy and unstable hustler who brought her husband down.

Before delivering the sentence to Maureen, who gave a tearful, first-time statement asking for mercy, Spencer made bitingly critical remarks of the defense lawyers. “The ‘Let’s throw Momma under the bus’ defense morphed into the ‘Let’s throw Momma off the train defense,’” he said. Ms. McDonnell seemed to be two very different people and Spencer had trouble figuring it out.

Her lawyers had asked for no prison time and 4,000 hours of community service. Federal guidelines could have given her more than six years but prosecutors asked for only 18 months in prison.

Spencer split the difference, mostly because he gave Mr. McDonnell a light sentence. He was more culpable since he was a public official, not to mention a former state prosecutor and the state attorney general.

He cut Maureen some slack, too. By sentencing her that extra day, he gave her the opportunity to get out in only 10 months for good behavior since that’s the rule under federal prison guidelines.

Has Economic Reality Hit Education?

Last week several interesting articles about education appeared in the Richmond Times-Dispatch and the New York Times.  Locally, Henrico County might hire more teachers in response to complaints over large class sizes.  The NYT reported a significant decline in the number of recent graduates applying to the Teach for America program.  This program places recent graduates in inner-city schools.  Reflecting an improving economy, Teach for America has advised some school districts that its applications are down about 10%.  Additionally, the NYT‘s article indicated participation in undergraduate education programs is down about 13%.  For some districts, Teach for America supplies as much as 20% of teaching staff.

Salaries in education have been nominally stagnant for many years.  Since I retired at the end of the 2008-09 year,  my former colleagues at the Governor School have experienced only one increase of 2% which is in-line with the general trend of teacher salaries.  Utilizing the Bureau of Labor’s inflation calculator, an individual making US$40,000 in 2008 would need a nominal salary of US$43,981 to maintain the same level of purchasing power. At what point will politicians and educrats understand that promising employees a diminishing standard of living is not a business model that assures success?

-- Les Schreiber

Campus Rapes Must be Reported to Police

hunting groundBy Peter Galuszka

You can’t have it both ways.

The Virginia General Assembly is taking steps to make it mandatory that officials at state universities report to police allegations of sexual assault, except for crisis counselors.

The move follows the incident at the University of Virginia which was turned upside down by a flawed report in Rolling Stone magazine that a female student had been gang raped in 2012.

Although there are strong doubts that the rape took place in that case, it broached the issue that if a student reports rape on campus, school administrators may not be inclined to do much about it. The assaults often occur at parties where alcohol is readily available.

After the Rolling Stone bombshell hit, U.Va. officials temporarily suspended activities at fraternities and sororities to sort matters out. The university now has rules that ban mixed drinks and require sober monitors at Greek parties.

That’s a good step, but I think the General Assembly is wise to take it a step further with its requirement that alleged rapes be referred to law enforcement. Why not? Rape is a serious felony nearly up there with murder. Would school officials not report that one student had apparently killed another? Crisis counselors would be exempt from the requirement, so students in pain and unsure of what to do would still have a protected outlet to find help.

The Washington Post editorialized today that the legislature should take slower steps when considering new laws to help prevent campus rape. The newspaper believes that pushing ahead with mandatory rules on reporting rape would make victims not want to report anything at all. It wants to wait until a state commission tasked with reviewing campus rape issues deliver its report.

The Post is wrong here. Rape is rape. Of course it is incredibly personal, but if it is a crime, it should be reported as one. Doing so not only would affirm the rights of the victim, it also might help exonerate supposed perpetrators who have been falsely accused.

Having rape regarded as a true crime would demystify it and allow all sides to deal with it properly. And it’s not as if rape is suddenly no longer a college problem after the Rolling Stone story evaporated. A new documentary released at the recent Sundance film festival called “The Hunting Ground” is said to uproot rape cultures at schools such as Harvard, Notre Dame and the University of North Carolina at Chapel Hill.

If the film is accurate, Virginia legislators are right to address the problem, regardless of how the University of Virginia situation played out.

Incidentally,  poll taken by the Judy Ford Wason Center for Public Policy at Christopher Newport University shows that 90 percent of voters survey think the police must be informed  of campus rape allegations rather than have them handle internally. The results were released today.

The Importance of “Selma”

Selma_posterBy Peter Galuszka

“Selma” is one of those fairly rare films that underline a crucial time and place in history while thrusting important issues forward to the present day.

Ably directed by Ava DuVernay, the movie depicts the fight for the Voting Rights Act culminating in the dramatic march across the Edmund Pettus Bridge in Selma, Ala. in 1965. It portrays the brutality and racism that kept Alabama’s white power structure firmly in charge and how brave, non-violent and very smart tactics by African-American agitators shook things loose.

Holding it all together is British actor David Oyelowo as Dr. Martin Luther King Jr. Oyelowo’s subtle and vulnerable approach while dealing with infighting among his colleagues and revelations of his marital infidelities contrast with his brilliant skill at oratory. During the two hours or so of the film, Oyelowo’s booming speeches and sermons never bored me. By contrast, the recent “Lincoln,” the Steven Spielberg flick filmed in Richmond, was a bit of a snoozer.

To its credit, “Selma” never gets too clichéd even with the extremely overexposed Oprah Winfrey assuming roles as a film producer and also as an actress portraying a middle-aged nursing home working who gets beaten up several times protesting white officials who kept her from registering to vote.

“Selma” has been controversial because nit-picking critics claim the film misrepresents the role President Lyndon B. Johnson played in getting the Voting Rights Act passed. The film shows him as reluctant and the Selma event was staged to push him to move proposed legislation to Congress. A series of LBJ biographies by highly-regarded historian Robert A. Caro show the opposite – that Johnson, a Southern white from Texas — was very much the driver of civil rights bills. In fact, his deft ability to knock political heads on Capitol Hill was probably the reason why they passed. It was a feat that even the Kennedys probably couldn’t have achieved.

One scene in the movie bothered me at first. King leads protestors to the Selma court house to register. When a brutal sheriff stands in their way, they all kneel down on the pavement with their arms behind their heads in a manner very reminiscent of last year’s protests against a police killing in Ferguson, Mo.

I thought, “Hey, I don’t care how they present LBJ, but fast-forwarding to 2014 is a bit of stretch.”

Then I decided that maybe not, history aside, the same thing is really happening now. There’s not just Ferguson, but Cleveland, Brooklyn and other places. The Richmond Times-Dispatch reports this morning that over the past 14 years, police in the state killed 31 blacks and 32 whites. Only 20 percent of the state’s population is black. Now that is a disturbing figure.

Another disturbing allusion to the present is the widespread move mostly by Republican politicians in the South and Southwest make it harder for people to register to vote. In one move scene, Oprah Winfrey wants to register before an arrogant white clerk. He asks her to recite the Preamble to the U.S. Constitution. She does. He then asks her how many judges there are in Alabama. She gives the correct number. He then demands that she name all of them, which very few might have been able to do. She is rejected.

The moves to blunt new voters today is focused more on Hispanic immigrants but it is just as racist and wrong. And, Virginia is still stuck with the anti-voter policies of the Byrd Organization that was in power at the time of the Selma march. The idea, equally racist, was to keep ALL voters from participating in the political process as much as possible. That is why we have off-year elections and gerrymandered districts.

I was only 12 years old when Selma occurred but I remember watching it on television. I was living at the time in West Virginia which didn’t have that much racial tension. But I do remember flying out of National Airport in DC on the day that King was assassinated. The center of town, mostly 14th Street, appeared to be in flames.

Takeaways From Bob McDonnell’s Sentencing

Mcd sentencedBy Peter Galuszka

The outpouring of support for convicted former Gov. Robert F. McDonnell was overwhelming at his sentencing hearing yesterday at which he was told that he will serve two years in a federal penitentiary.

And this very support stands in marked contrast to McDonnell’s performance on the witness stand during his marathon trial last summer. There he alternated between saying that he “holds himself accountable” and then blaming his aides, vitamin salesman Jonnie R. Williams and, of course, his estranged wife Maureen who was set up to take the fall.

So which Bob is really Bob?

In U.S. District Judge James R. Spencer’s courtroom, the hours’ long reading of letters of support and 11 witness testimonials from the stand became tedious and repetitive. Bob kneels down to comfort a sick woman. Bob helps out Katrina hurricane victims on his week-long vacation, builds a basketball court and breaks his jaw. Bob restores voting rights to 8,128 convicted felons who had served their time. Bob’s only flaws are his gullibility and naïvite. Bob writes thank you notes.

The most impressive supporter by far was L. Douglas Wilder, the former Richmond mayor who became the first-ever African-American governor. Always unpredictable, the Democratic politician came down hard on Bob’s side, saying he’s known him for years and found him to “to be of his word.” Wilder touched off applause in the courtroom he blamed Williams as “the man who started this bribe” as “the one who got away clean.”

All of these people were trying to convince Judge Spencer that Bob should not get jail time but 6,000 hours of community service. One option would be to stick him in a service coordination job on the island nation of Haiti. The job normally would pay $100,000 including benefits but Bob wouldn’t get the money and would work and have to sleep in a hot and buggy room. Other possibilities including holding an unpaid $60,000 job coordinating a food bank in southwest Virginia.

To his credit, Judge Spencer didn’t bite. Prosecutor Michael Dry said that McDonnell is free to do all the community service he wants after he serves his time behind bars. McDonnell could have gotten more than 12 years in prison. Spencer gave him two.

The sentence is on the light side but is probably fair. McDonnell has been tremendously humiliated. He completely dishonored his public trust and will go down in history as the Virginia governor who was corrupt. At least he is getting some jail time.

And he might win on appeal. It’s not a slam dunk but there is respected legal opinion out there that “honest services fraud” can be viewed in a tight or loose focus. Spencer chose a tight focus but we will have to see if the appeal McDonnell has filed gets to the U.S. Fourth Circuit and then Supreme Court.

Next up is wife Maureen, who is a tragic figure and also was convicted of corruption. Her own daughters characterized her as a sick woman who badly needs help. Some columnists have pumped her up, saying she’s the unsung heroine stuck raising the kids while the ambitious politician is selfishly away building his career.

Something about that argument doesn’t ring true to me. Maureen McDonnell may well have despised the time Bob spent away from her but she also was right beside him, pushing her own agenda such as selling nutraceuticals and backing pet programs such as marketing Virginia wines and helped injured military veterans. As First Lady, she was no shrinking violet when it came to letting her wishes known to state employees.

She comes up for sentencing Feb. 20 and now that her husband’s fate is known, it seems likely she won’t get any jail time. If so, maybe she can get the help she seems to badly need and the McDonnell family can start to heal their terrible wounds.

One of the character witnesses Tuesday was William Howell, the Republican Speaker of the House of Delegates who provided the enormously valuable insight that “people would describe Bob as a Boy Scout.” Not only is Howell’s remark insipid, it hides how much he’s responsible for maintaining the total mess that policing ethics among Virginia public officials has become.

No matter how many Wednesday morning Bible studies Howell says he attended with McDonnell, he still did nothing to improve regulation of political donations and gifts. If anything, he’s the problem not the solution since he minimizes every decent initiative to rationalize Virginia’s loosey-goosey system. If there were clear rules, McDonnell may never have gotten caught in his quagmire. He might have known when to avoid crossing the line.

Howell told the court that the General Assembly is busy setting its house right and that McDonnell’s predicament “Most certainly . . . has had a deterrent effect.” That was likely the most ridiculous statement during the five hours of court testimony on a horrid sentencing day.

Virginia’s Top Stories in 2014

mcd convictedBy Peter Galuszka

The Year 2014 was quite eventful if unsettling. It represented some major turning points for the Old Dominion.

Here are my picks for the top stories:

  • Robert F. McDonnell becomes the highest-ranking former or serving state official to be convicted of corruption. The six-week-long trial from July to September of the Republican former governor and his wife, Maureen, was international news. In terms of trash, it offered everything – greed, tackiness, a dysfunctional marriage, a relationship “triangle,” and an inner glimpse of how things work at the state capital.  More importantly, it ends forever the conceit that there is a “Virginia Way” in which politicians are gentlemen above reproach, the status quo prevails and ordinary voters should be kept as far away from the political process as possible. It also shows the unfinished job of reforming ethics. The hidden heroes are honest state bureaucrats who resisted top-down pushes to vet dubious vitamin pills plus the State Police who did their investigative duty.
  • Eric Cantor loses. Cantor, another Republican, had been riding high as the 7th District Congressman and House Majority Leader. A wunderkind of the Richmond business elite, Cantor was positioned to be House Speaker and was considered invulnerable, at least until David Brat, an unknown college economics professor and populist libertarian, exploited fractures in the state GOP to win a stunning primary upset. Cantor immediately landed in a high-paying lobbying job for a financial house.
  • Terry McAuliffe takes over. The Democrat Washington insider and Clinton crony beat hard-right fanatic Kenneth Cuccinelli in a tight 2013 race. He bet almost everything on getting the GOP-run General Assembly to expand Medicaid benefits to 400,000 low income Virginians. He lost and will try again. He’s done a pretty good job at snaring new business, notably the $2 billion Shandong-Tralin paper mill from China for Chesterfield County. It will employ 2,000.
  • Roads projects blow up. Leftover highway messes such as the bypass of U.S. 29 in Charlottesville finally got spiked for now. Big questions remain about what happened to the $400 million or so that the McDonnell Administration spent on the unwanted U.S. 460 road to nowhere in southeastern Virginia.
  • Gay marriage becomes legal. A U.S. District Judge in Norfolk found Virginia’s ban on gay marriage unconstitutional and the U.S. Supreme Court pushed opening gay marriage farther. The rulings helped turn the page on the state’s prejudicial past, such as the ban on interracial marriage that lasted until the late 1960s.
  • Fracking changes state energy picture. A flood of natural gas from West Virginia and Pennsylvania has utilities like Dominion Resources pushing gas projects. It’s been nixing coal plants and delaying new nukes and renewables. Dominion is also shaking things up by pitching a $5 billion, 550-mile-long pipeline through some of the state’s most picturesque areas – just one of several pipelines being pitched. The EPA has stirred things up with complex new rules in cutting carbon emissions and the state’s business community and their buddies at the State Corporation Commission have organized a massive opposition campaign. McAuliffe, meanwhile, has issued his “everything” energy plan that looks remarkably like former governor McDonnell’s.
  • State struggles with budget gaps. Sequestration of federal spending and defense cuts have sent officials scrambling to plug a $2.4 billion gap in the biennial budget. It is back to the same old smoke and mirrors to raise taxes while not seeming to. Obvious solutions – such as raising taxes on gasoline and tobacco – remain off limits.
  • College rape became a hot issue after Rolling Stone printed a flawed story about an alleged gang rape of a female student at the prestigious University of Virginia in 2012. Progressives pushed for raising awareness while conservatives took full advantage of the reporter’s reporting gaps to pretend that sex abuse is not really an issue.
  • Poverty is on the radar screen, especially in Richmond which has poverty rate of 27 percent (70 percent in some neighborhoods) and other spots such as Newport News. Richmond Mayor Dwight Jones got a lot of national press attention for his campaign to eradicate poverty but it is really hard to understand what he’s actually doing or whether it is successful. The real attention in Richmond is on such essentials as replacing the Diamond baseball stadium, justifying a training camp for the Washington Redskins and giving big subsidies for a rich San Diego brewer of craft beer.
  • Day care regulation. Virginia has a horrible reputation for allowing small, home day care centers to operate without regulation. Dozens have children have died over the past few years at them. This year there were deaths at centers in Midlothian and Lynchburg.
  • The continued madness of the Virginia Tobacco Indemnification and Community Revitalization Commission. This out-of-control slush fund in the tobacco belt continued its waywardness by talking with Democratic State Sen. Phil Pucket about a six-figure job just as Puckett was to resign and deny a swing vote in the senate in favor of expanding Medicaid. The commission also drew attention for inside plays by the politically powerful Kilgore family and giving $30 million in an unsolicited grant to utility Dominion.

Feds Back Lengthy Prison Term for McDonnell

Image: Verdict Reached In Corruption Trial Of Former Virginia Governor McDonnell And His WifeBy Peter Galuszka

Spotlighting once again just what a parallel universe Virginians live in, federal probation officers have recommended an unusually lengthy sentence for Robert F. McDonnell, a Republican who was the first present or former governor  ever to be convicted of public corruption in the Old Dominion.

The recommended sentence is a minimum of 10 years and one month with the maximum being 12 years and seven months. If U.S. District Court Judge James R. Spencer follows the recommendations, which statistics show is likely during sentencing Jan. 6, McDonnell could technically be in jail until he is past 70 years old.

The irony, according to The Washington Post, is that McDonnell could have gotten a maximum sentence of three years and a minimum of probation had he accepted a plea deal a year ago. He could have pleaded guilty to lying on a bank application. His co-defendant, wife Maureen who was also convicted of corruption, would never have been charged had the deal gone through.

The federal process for recommending sentences is regarded as a thorough and rigorous process. It shows just how serious the convictions against McDonnell are.

This reality is in marked contrast to the series of opinions and wishful thinking one reads in the blogosphere (and here as well) that McDonnell is an innocent who was framed. Among the ideas are that the conviction is tainted because in one instance star prosecution witness Jonnie R. Williams gave conflicting information during his four days of testimony.

A more bizarre idea is that Spencer, a Reagan appointee, is conflicted because McDonnell and other Republican legislators voted down his wife’s nomination for a state supreme court judgeship back in the 1990s.

I gather they can all float away in their sea of delusions. We had to endure their insistence that there was no case against the McDonnells because everybody does it and this is Virginia. Well, the jury didn’t buy it and didn’t take all that long to come back with ringing guilty verdicts. Now federal probation officers are reminding us once again about what we’re really dealing with.

More Evidence of Parallel Universe!

By Peter Galuszka

Front Page, today’s Richmond Times Dispatch:

“Judge tosses one conviction against Maureen McDonnell

He finds evidence does not warrant obstruction verdict”

Page B-1, The Washington Post:

“McDonnells’ request for retrial denied

VA. EX-GOVERNOR, WIFE FACING PRISON TIME

Judge  throws out one count against former first lady”

And in which universe do you live?

Former Massey Coal Chief Indicted

DonBlankenshipBy Peter Galuszka

The indictment today in Charleston, W.Va. of coal baron Donald L. Blankenship, the former head of the notorious Massey Energy Company, for violating federal mine safety and securities laws, has been long awaited, especially by the families of the 29 miners who died on April 5, 2010 in a huge explosion at Massey’s Upper Big Branch mine in Montcoal, W.Va.

It was the worst coal mine disaster in this country in 40 years. It topped off a wild run by Blankenship, who thought he had political potential and spoke for the Appalachian coalfields while dodging safety violations and blowing away mountains in horrific surface mining practices.

He was a poster man for the view, popular among this country’s business elite, that cost cutting and productivity are sacrosanct, human lives are cheap and environmental concerns such as climate change are mere diversions from the country’s true goals. At one point he literally wrapped himself up in the American flag to push his ideas.

A federal grand jury today turned those arguments on their heads. The four charges accuse Blankenship of conspiracy in blunting the numerous federal safety violations that lead to the catastrophic disaster at the Upper Big Branch mine.

For several years leading up to that fateful day, Blankenship allegedly connived to ignore concerns that the mine had broken equipment and excessively high levels of highly inflammable coal dust. He also is accused of keeping federal mine inspectors from doing their jobs.

The grand jury also claims that Blankenship violated federal securities laws by giving investors misleading information about Massey stock.

Blankenship was a huge celebrity in the Appalachian coalfields. Tying himself to a reactionary ideal of doing what he thought was best for America, he spent a million dollars at what was an anti-Labor Day celebration in West Virginia in 2009. He wore a costume formed from an American flag and hired testosterone-infused country music stars Hank Williams Jr. and Ted Nugent to entertain his crowd.

The irony was that it was a holiday to celebrate labor unions while Blankenship and his firm were notorious for union-busting. He also had a habit of taking the chief justice of the West Virginia supreme court on vacation on the French Riviera.

Another irony is that Blankenship, like much of the U.S. coal industry, promotes the propaganda that there is a “War on Coal” and that coal is essential to “keeping our lights on.” Never mind that the free market and the flow of natural gas from hydraulic fracturing drilling from the very same area, not the U.S. Environmental Protection Agency, are what is really hurting the Appalachian steam coal market.

The coal mined at Upper Big Branch, however, had nothing to do with power generation. It was metallurgical coal that was exported to make steel in markets such as China. At the time of Upper Big Branch, China’s steel market was hot and met coal prices were going through the roof.

The indictment reads that the group of mines associated with Upper Big Branch “generated revenues of approximately $331 million, which represented 14 percent of Massey’s approximately $2.3 billion in in revenue.” Obviously, it was in Blankenship’s interest to keep the steel-making coal flowing.

In that process, according to the indictments, Blankenship oversaw efforts to cut corners, dodge safety issues and keep miners on edge. They are rich in detail about poor ventilation; flawed water sprays to keep explosive coal dust down and warning when federal coal inspectors were on the prowl.

After he was forced to resign from Massey Energy with an over-sized golden parachute, Blankenship kept quiet for a couple for of years. Recently he came back on the scene with a self-made documentary just on the eve of the fourth anniversary of the Upper Big Branch disaster. The movie was so tasteless that even Joe Manchin, a U.S. Senator from West Virginia who was quoted in the film, disassociated himself from it. Families of the dead mines were appalled.

The long-in-coming indictments illustrate the problems of coal as an energy and steel source and just how its issues have been ignored in the Appalachians for about 150 years. In the past, huge mine disasters, such as the 1968 blast at Farmington W.Va. that killed 78, sparked real safety reform.

Not so after Upper Big Branch. Pro-coal Republicans in Congress have blocked bills to toughen rules. This is a reason why the federal indictments are so important. They show that leading a culture of safety laxity will no longer be tolerated.

It may be curious that Blankenship’s indictments come just after President Barack Obama has just agreed to a turning point treaty with heavy polluter China to cut carbon emissions. But they should give some closure to long-festering problems in a part of the United States where industrial death and destruction are considered business as usual.