Maynard gets spiked

Oh well, at least they’ll always have Monaco…

With most of the votes in, W.Va. Supreme Court Chief Justice Elliot “Spike” Maynard has been soundly defeated in his bid for reelection.

All the pro-Maynard ads from the Chamber of Commerce couldn’t save him from the photos with Blankenship. Neither could hiring Blankenship's chief political consultant.

The result pretty much writes off Don Blankenship as an electoral force in W.Va.

The Massey CEO’s venture into politics began in 2004 when he targeted Supreme Court Justice Warren McGraw for defeat.

Under the front of a supposed children’s advocacy group “For the Sake of the Kids,” Blankenship hit McGraw with a barrage of negative and misleading ads. It worked. The $3.5 million the he put into the race elected Republican Brent Benjamin to the court.

However, Blankenship would soon become a victim of his own success.

As a result of the Benjamin victory, Political observers took notice and immediately began to profile him as a bold new force to be reckoned with in West Virginia politics.

The deceptive nature of For the Sake of the Kids, combined with Blankenship’s anonymity in the group’s message was the real reason for his success.

Blankenship was able to remain behind the scenes for the most part in the McGraw campaign, but now he was in the spotlight and his agenda was fully on display.

And voters didn’t like what they saw.

His next effort, in 2006, to deliver both houses of the legislature to the GOP failed miserably.

All of the Democratic candidates Blankenship targeted for defeat were reelected, except Margarette Leach, whose defeat was due to her ill health and not Blankenship’s ads.

Candidates who accepted donations from Blankenship were the subject of controversy and the Democrats gained seats.

Shortly after 2006, Air America’s Mike Papantonio shared his thoughts with me on why voters rejected Blankenship’s legislative campaign.

“[It was] because of his credibility. It was a character-based revolt. They said, "This guy is revolting to me," Papantonio said.


And that brings us to today.

For the Sake of the Kids is nearly defunct (the organization's Web site hasn’t been update since 2006). The W.Va. GOP has, at least publicly, rejected support from Blankenship in 2008.

In four short years, Blankenship has gone from being perceived as a powerhouse, to being viewed as an ineffective advocate to being electoral poison.

The photos of Maynard and Blankenship, coupled with Blankenship’s bizarre, thuggish behavior in an ABC News segment sealed the deal and sent Maynard packing.

At this point, not only are Blankenship’s efforts politically worthless, but the view by voters that a candidate is friendly to the Massey CEO is a surefire recipe for defeat on election day.

Photo: This 2006 file photo that has been entered into evidence as part of a court motion by lawyers seeking to remove West Virginia Supreme Court Chief Justice Elliott "Spike" Maynard, left, from hearing a case involving Massey Energy Inc., show the justice and Massey CEO Don Blankenship together in Monaco.

A look at the Supreme Court race

Orion Strategies has released a poll on the WV court race.

Before going into this, bear in mind that only 368 were questioned and the poll has a margin of error of +/- 5 points, which covers the spread between the top 3 candidates. Also 40% are undecided.

The poll has Ketchum in the lead (apparently, heavy advertising pays off, especially when its focus is to get voters to know your name.)

Workman follows, already being a well-known name and having formerly served on the court.

Maynard and Bastress take up the rear. Bastress has nowhere near the financing of Ketchum, so that's no surprise.

Probably not a good sign for Maynard, who as chief justice is already well-known. He's also got an ad blitz in his favor going on. (and a sizeable one against him, too) If the vote plays out anything like this poll, the Blankenship photos are going to sink him.

From the Gazette:

The poll asked voters to name their top two choices for the office. Ketchum was named easily led as the first choice of 24 percent of poll respondents. Workman was named more times as the second choice than the others, with 18 percent.

Pollsters then combined the two rankings for each candidate, leaving Ketchum at 18 percent and Workman at 17 percent.

Incumbent Justice Elliott "Spike" Maynard ran third in the poll with 13 percent, just ahead of West Virginia University law professor Bob Bastress, who polled at 12 percent.

Bastress at Firedoglake

One of the most successful bloggers in the nation (and W.Va. resident), Christy Hardin Smith, talks with W.Va. Supreme Court candidate and her former constitutional law professor, Bob Bastress about the race.


You can find it here.

Starcher refuses to recuse himself

From an upcoming Massey case. He's been very critical and outspoken on the issue of Don Blankenship.

He will step aside, he says. if The 3.5 Million Dollar Man does.

From the Gazette:

"I will step aside following the very moment that [Benjamin] does so, should he make that decision," Starcher wrote.

Starcher noted Massey CEO Don Blankenship spent or raised more than $3.5 million for Benjamin's 2004 election and Benjamin has since refused to recuse himself from hearing the company's litigation.

Starcher recused himself from an earlier case when Blankenship's vacation buddy, "Spike" Maynard did, but Benjamin refused to go.


The ruling turned out in Massey's favor. (Surprise!)

It's pretty sad when one justice's lack of even minimal ethics leads other members of the court to have to employ these kinds of strategies with recusals.

One stockholder is not pleased

And wants greater disclosure in Blankenship's electoral shenanigans.

From AP:

CHARLESTON, W.Va. -- With the political activities of its chief executive again in the spotlight, a Massey Energy Co. shareholder is pushing for greater disclosure of the coal producer's spending in that arena.

[...]

The stockholder is not identified in the statement, filed with the U.S. Securities and Exchange Commission. The resolution request cites a November 2006 news report on political spending that year by Massey President, Chairman and Chief Executive Don Blankenship.

Blankenship had sought to sweep Democrats from the majority in the West Virginia House of Delegates that year, through a statewide independent advertising campaign. The Democrats ended up gaining seats in that election, with at least some Republicans blaming Blankenship for their losses.

Blankenship had plowed $2.1 million into his legislative campaign, the proposed resolution said, citing the news report. Disclosures in a federal lawsuit later revealed that Blankenship's spending topped $3.8 million during that election cycle.

This image made from video and provided by ABCNews.com shows Massey Energy Co. CEO Don Blankenship before a confrontation with an ABC News producer, when the newsman made an unannounced attempt to interview him in a parking lot at one of the coal company's offices in eastern Belfry, Ky. Blankenship threatened to shoot the producer and tore his shirt collar, a network spokesman said Thursday, April 3, 2008. (AP Photo/ABCNews.com)

Update on ABC's Blankenship-Maynard coverage

Two Segments to air: One on ABC World News at 6:30p.m.

And Nightline will also focus on the issue.

Both tonight.

video here.

And the Supreme Court Follies continue...

Still reeling from the release of photos of his vacation that show him with Don Blankenship, Elliott "Spike" Maynard has decided to go on the offensive.

The best way to convince voters not to oust him because of perceived ties to the Massey chief?

Hire Blankenship's chief political consultant.


---

Also, ABC News' piece on Blankenship airs Monday.

Their version of the confrontation can be found by clicking here.

Photo: (This image made from video and provided by ABCNews.com shows Massey Energy Co. CEO Don Blankenship during a confrontation with an ABC News producer when the newsman made an unannounced attempt to interview him in a parking lot at one of the coal company's offices in eastern Belfry, Ky. Blankenship threatened to shoot the producer and tore his shirt collar, a network spokesman said Thursday, April 3, 2008. AP Photo/ABCNews.com)

It's official: Court verdicts cost $3.5 million

Seeing as how Brent Benjamin as acting chief justice, got to appoint temporary replacements for the recused justices. He probably would have been canceled out by Blankenship critic Starcher, who recused himself to avoid the appearance of being biased. Blankenship's vacation pal, "Spike" Maynard, withdrew due to the controversy. But Benjamin, whose election was funded by Massey's $3.5 million dollar ad campaign and is probably more in question than Maynard, doesn't seem to think even appearing to have ethics is a quality worth having and stayed on the case to rule in favor of the man who many believe bought his seat.


From AP:

CHARLESTON, W.Va. — Four months, two recusals and numerous national headlines later, West Virginia’s Supreme Court has echoed its earlier conclusion vacating a $76.3 million judgment against Massey Energy Co. in a coal contract dispute.

As it had in November, the court voted 3-2 to overturn a 2002 Boone County jury verdict that Harman Mining Co., and its president had won against the competing coal producer.

Thursday’s majority decision repeated the initial findings that a clause in the underlying supply contract and a related Virginia lawsuit should each have barred the Boone County case.

Spending $3.5 million and not having to pay $76.3 million ... looks like a good investment by Blankenship.

Calls for another Maynard recusal

From AP:

A Mingo County commissioner has joined the ranks of those asking state Supreme Court Chief Justice Elliott “Spike” Maynard to recuse himself from pending cases because of alleged conflicts of interest.

Commissioner Greg “Hootie” Smith cites a 2005 land deal in which Maynard sold a Williamson parcel to county Sheriff Lonnie Hannah for $40,000. Maynard was a circuit judge in that county before becoming a justice in 1996.

Hannah and county commissioner David Baisden are appealing a three-judge panel’s denial of their petition to remove Smith from office. The petition alleges improper conduct by Smith.

Smith also alleges that Hannah attended a Jan. 24 fundraiser for Maynard, who is seeking re-election, and contributed to his campaign.

Interesting ad from that ketchup guy

I notice after the TV ad for Democratic Supreme Court hopeful Menis Ketchum moves past the segment offering cutesy takes on how to pronounce his name, the narrator says he'll restore integrity to the court.

Usually when someone makes that claim, it's a veiled reference to a current controversy.

In this case the big one involving the court is the ties to Massey CEO Blankenship of Justices Maynard and Benjamin.

The ad doesn't mention Blankenship, though.

Wonder why?

From the Daily Mail in February:

At least two candidates for the state Supreme Court - Beth Walker and Menis Ketchum -met with Massey Energy chief Don Blankenship prior to filing for the election this year.

Massey case returns to court

The one at the heart of the Maynard-Blankenship story.

And Benjamin's still there.

From AP:

CHARLESTON -- In a case rocked by European vacation photos showing its chief executive with the chief justice, Massey Energy Co. asked West Virginia's Supreme Court on Wednesday to echo its earlier conclusion and reverse a $76 million judgment against it in a coal contract dispute.

Lawyer D.C. Offutt said that the high court got it right in November when it ruled that a clause in the underlying supply agreement should have precluded the case brought by Harman Mining Co.

In January, the court erased November's 3-2 ruling and voted to rehear the case.

Offutt also agreed with the November decision's finding that a Virginia lawsuit, filed by Harman over the contract, should have resolved all related issues.

Another call for investigation of Maynard-Blankenship

By opposing candidate WVU professor Bob Bastress

From WAVY-TV:

CHARLESTON, W.Va. (AP) - At least one fellow West Virginia Supreme Court candidate believes Chief Justice Elliott "Spike" Maynard has been less than forthcoming about his ties to Massey Energy Co. chief executive Don Blankenship.

Bob Bastress echoed calls Wednesday for an independent investigation in the wake of vacation photos that show the two men together in Monaco in 2006. The Richmond, Virginia, energy company had several cases pending or headed toward West Virginia's sole appeals court at the time.

Maynard has since recused himself from 3 of those cases, but Bastress believes unanswered questions remain about the trip and the pair's longtime friendship.

Quickies

- Nader announcing run tomorrow?

From the Meet The Press schedule:

In 2000, many think Ralph Nader's presidential candidacy helped George Bush win the White House. He ran again unsuccessfully in 2004. Will he make another run in 2008? Find out Sunday in an exclusive interview with Ralph Nader. Plus, a political roundtable with insights and analysis on Clinton vs. Obama and McCain vs. the New York Times -- featuring David Brooks, Doris Kearns Goodwin, Michele Norris and Chuck Todd.

- Cartoon up at WVaBlue and 50 State blog roundup by me.

- Saturday Night Live has picked their Obama impersonator.

No recusal for the 3.5 Million Dollar Man

From AP:

Benjamin Declines to Withdraw From $240M Massey Case

CHARLESTON -- Supreme Court Justice Brent Benjamin on Thursday rejected the
latest bid seeking his recusal from a case involving Massey Energy Co. over the
millions the coal producer's chief executive spent to help Benjamin get elected
in 2004.

Benjamin decided to stay on Massey's appeal of a $240 million judgment
against it in Brooke County that Wheeling-Pittsburgh Steel Corp. and Mountain
State Carbon LLC. won in a coal contract dispute.

In turning down the plaintiffs' request, Benjamin cited his previous
refusals to disqualify himself from another pending appeal.

"I would further observe that inaccuracies and innuendo do not serve as a
proper basis for seeking the disqualification of a judicial office," Benjamin
wrote in his reply.

Supreme court candidates talk recusals at forum

From the AP via The H-D:

Chief Justice Elliott "Spike" Maynard on review of recusal decisions:

"We need some system to second-guess a justice on recusal," Maynard said at the event, hosted by the Independent Insurance Agents of West Virginia and broadcast by the MetroNews Radio Network.

Maynard appeared with Democratic candidates Bob Bastress and Margaret Workman and Republican Beth Walker.

Bastress, speaking on the issue of a pending motion to recuse justice Brent Benjamin:

"It's a question again, of appearance," said Bastress, a West Virginia University law professor. "That case is so public, so big, so much the object of public scrutiny. You have the appearance of Mr. Blankenship spending all that money and benefiting Justice Benjamin."

Starcher recuses himself from Massey case

Calls on Benjamin to do the same.

As The Herald-Dispatch reported Friday:

CHARLESTON -- A second Supreme Court justice has disqualified himself in a highly controversial case involving one of the state's most powerful coal companies, while simultaneously launching an assault on the company's head man.

Justice Larry V. Starcher joined Chief Justice Elliott "Spike" Maynard in bowing out of the re-hearing of a case that, at the circuit level, had awarded a $76 million verdict against Massey Energy. That verdict was initially overturned by a 3-2 margin by the West Virginia Supreme Court of Appeals in November, with Maynard and fellow Justice Brent Benjamin -- who also has been asked to step aside -- voting in favor of the coal giant. Starcher was in the minority.

Starcher released a statement Friday saying he is stepping aside "hoping that Justice Benjamin does the same" in order to restore faith in the state's high court.

In his notice of recusal, Starcher admitted he had "become part of the problem" in the case because of his opinions on Massey Chief Executive Officer Don Blankenship.

Blankenship meets the candidates

Despite the controversy with the Maynard situation, two candidates running for the WV Supreme Court have also met with Don Blankenship.

Republican Beth Walker and Democrat Menis Ketchum both met with the Massey chief prior to filing for the race.


The magazine Shepherdstown Observer said Walker has been "in talks" with Blankenship.

Beth Walker, who has announced that she will be trying to become a judge on the WV Supreme Court, says that she has been in talks with controversial political donor and CEO of Massey Energy, Don Blankenship. Walker would not say whether Mr. Blankenship has committed to supporting her campaign. She also would not discuss her values or which issues are important to her. “The Supreme Court should interpret the law, nothing more than that,” she said.

Walker said she met with Blankenship once, but told the Charleston Daily Mail that she's asked for a retraction from the Observer, claiming the two merely discussed issues and that it was not a discussion regarding support.

According to the Daily Mail's Thursday report, Blankenship met with at least three potential candidates for the bench.

Greg Thomas, a political consultant who has worked with Blankenship in past elections, said Blankenship met with Walker and Ketchum - a Democrat - and Cabell County Circuit Judge Dan O'Hanlon, another Democrat who was considering a Supreme Court run but didn't officially file for the election.