Convicted Coal Mine CEO Is Taking His Case To The U.S. Supreme Court
Enlarge this image toggle caption John Raby/AP John Raby/AP
Former Massey Energy CEO Don Blankenship is marking his release from federal custody with an appeal for vindication by the U.S. Supreme Court.
Blankenship served a one-year federal prison sentence after being convicted of conspiracy to violate federal mine safety laws. The charges stemmed from the disaster at a Massey Energy mine in West Virginia in 2010 that left 29 coal miners dead.
"We never give up," says Blankenship attorney William Taylor, who notified the 4th Circuit Court of Appeals on Thursday that Blankenship will petition the U.S. Supreme Court to review the case.
In his first two days of freedom, Blankenship has posted a blizzard of tweets declaring his innocence and blaming the Upper Big Branch mine disaster on federal regulators and what he says was a natural inundation of natural gas.
Multiple investigations blamed the explosion that ripped through the mine on inadequate safety protections, including excessive explosive coal dust, inadequate ventilation and worn out equipment. Federal prosecutors cited Blankenship's micromanagement and obsessive focus on coal production in the conspiracy trial that resulted in his conviction and imprisonment. The charges were based on safety practices at Massey Energy and Upper Big Branch but were not directly related to the deadly explosion.
Blankenship's conviction was upheld by the federal appeals court. Taylor argued that the jury instructions during Blankenship's trial were unfair, pinning conviction on "reckless disregard" of mine safety laws rather than intent to violate the law.
As Ken Ward, Jr., reported in the Charleston Gazette-Mail, the defense argued on appeal that "the government fully exploited these novel willfulness instructions to obtain a conviction for not doing enough concerning safety rather than for intending to violate the law."
Taylor is confident the Supreme Court will take the case. "It's a pretty clear issue," he says. "We're either right or wrong about that."
Taylor also insists that the timing of the Supreme Court petition notice "has nothing to do with [Blankenship's] incarceration status," even though it was filed the day after Blankenship's release, and as Blankenship took to Twitter with a spirited defense.
Don Blankenship 
Businessman Don Blankenship of West Virginia, the U.S. Constitution Party's 2020 presidential nominee, answered some questions about his campaign from ''Wikinews'' accredited reporter William S. Saturn.

Blankenship, reportedly nicknamed the "king of coal", was chairman and CEO of  from 2000 to 2010.  During his tenure, the  occurred, which resulted in the deaths of 29 miners.  A jury convicted Blankenship of misdemeanor conspiracy to violate safety standards willfully, and he received a one year prison sentence in 2016.  He maintains his innocence and blames federal regulators for the disaster.  After his release from prison, Blankenship ran unsuccessfully for the Republican Party's US Senate  in West Virginia.  He subsequently sought the Constitution Party's nomination for President.  At the virtual 2020  this past May, Blankenship won the party's nomination on the second ballot.  He selected  chairman  as his running mate.  Mohr spoke about Blankenship with ''Wikinews'' in June, describing him as "a good man with vast knowledge in the political field who stands firm on his positions, aligns well with the party platform and has an abundance of ability to lead this nation in the direction it needs to go."  Mohr lauded Blankenship's "ability to influence leaders around him" and claimed the nominee "has a backbone superior to most men and will be the strongest President we have seen in decades." 

The Constitution Party was founded in 1991 as the U.S. Taxpayers Party.  It changed to its current name in 1999.  The party advocates , gun rights, limited government, protectionism, and non-interventionism. It strongly opposes abortion and illegal immigration.  In 2016, the party's presidential nominee  received 203,091 votes (0.15 percent) with ballot access in 24 states.  The Blankenship-Mohr ticket is on the ballot in 18 states with write-in access in a few others.

With ''Wikinews'', Blankenship discussed his background, the COVID-19 pandemic and its effect on his campaign, what a Blankenship presidency would entail, and policy matters. Additionally, he delivered his final plea to voters ahead of Election Day.