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Abernathy Strategies
RepublicanGazette
Friday, April 4, 2008 "When news breaks, we fix it" Published daily except some days
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Starcher's recusal costs Harman a win
ABC invades Massey personal property, then claims it was attacked by The Don
"Ambush journalism" was made popular by CBS' "60 Minutes," and has been a tool of television reporters ever since. It reached new heights of absurdity this week when an ABC News crew apparently followed Massey Energy CEO to his headquarters in Kentucky and attempted to force him to comment for a report it has been working on this week.The absurdity comes into play via the headline ABC originally placed on its website, saying, "Coal Boss Confronts ABC News Reporter."Wait a minute. ABC News pulls into the Massey parking lot. They jump out of their vehicle, run up to Blankenship, and shove a camera in his face. Who is confronting who here?Then, according to ABC, Blankenship said, "If you're going to start taking pictures of me, you're liable to get shot." Is there a West Virginian from anywhere in the state who can't relate to that comment, faced with an uninvited intruder on his or her private property rushing up to him with camera in tow?To back up its claim, ABC posted a series of photos on its website, including those at right. (The only two photos not included here but posted at abcnews.com are one with the camera lens completely covered by Blankenship's hand, and another that apparently shows a picture of the ground.)Blankenship had apparently refused all interview requests from ABC, but ABC wouldn't take no for an answer. In its quest for exciting footage, it did what network TV news does best -- it provoked Blankenship into behavior it could later claim was an attack on a reporter. But examine these photos. The top photo clearly shows Blankenship carrying his jacket, minding his own business and heading toward his office. The next photo shows a smiling Blankenship putting on his jacket and obviously still trying to make his way toward his office door.The third, fourth, fifth and sixth photos show Blankenship reaching with his hand to cover up the camera lens. He does not want to be photographed, which is the right of anyone on their private property. He appears to be smiling throughout the ambush, and is hardly in "attack" mode. His body position indicates he is still trying to reach his office.The seventh photo shows an extended arm -- apparently belonging to the cameraman -- grabbing Blankenship by his jacket, as Blankenship continues to try to steer the camera in a different direction. If anyone appears to be under attack, it would be Blankenship.The last two photos show the altercation apparently at an end, and Blankenship, pictured beside an unidentified man, warily watches the ABC News crew finally move away.There's a reason that only TV news crews engage in ambush journalism. Print reporters typically don't do it. Why? Because there's no point in it. It's the provocative pictures TV news people want, and ABC got them. Of course, ABC will paint Blankenship as the villain in this encounter. Their camera was pointed at him throughout the episode. But it would be more interesting if a camera had been pointed at themselves, so we could see them emerge from their vehicle, rush up to Blankenship, and start firing their questions. The confrontation with Blankenship was part of an ABC news story on the controversy involving Blankenship, Massey Energy, and Justice Spike Maynard, with Justice Brent Benjamin and especially Justice Larry Starcher -- the apparent instigator of ABC's interest in the story -- thrown in for good measure. ABC says it will air its story Monday on its "World News Tonight" and "Nightline" shows. Let's see if we can anticipate the script:Scene One: A reference to John Grisham's book, "The Appeal," about a powerful corporate executive "buying" a seat on the Supreme Court.Scene Two: Reporter Brian Ross saying, "Fiction? Maybe. But in West Virginia, such a scenario seems to be playing out in real life."Scene Three: Interview with Justice Larry Starcher. Starcher says there is today "a cancer on the court" because of the financial involvement of Blankenship to elect Brent Benjamin and Blankenship's close friendship with Spike Maynard. The infamous photos of Blankenship and Maynard vacationing together will be inserted here.Scene Four: Interview with Spike Maynard. Maynard will say his friendship with Blankenship has had no effect on his rulings. ABC will then present only those rulings by Maynard that appear to contradict what Maynard says.Scene Five: Brian Ross will say, "We tried to interview Don Blankenship for this report. When we showed up at his Massey Energy headquarters, here's what happened." Roll footage of the confrontation between Blankenship and the ABC news crew. Ross will conclude by assuring viewers comfortingly that, "Neither our cameraman or reporter were seriously injured in the scuffle."Scene Six: Likely another reference to the Grisham book, and an ominous sign off, something like, "There are still Massey cases pending before the West Virginia Supreme Court. Justice Benjamin -- the one who is on the court because of the $3.5 million campaign by Massey Energy -- continues to refuse to recuse himself from those cases. Justice Starcher -- who says there is a cancer on the court and is trying to heal the divisions --has scheduled an open hearing on April 10 to consider recusal petitions by Massey in regard to his own ability to hear Massey cases. This is Brian Ross reporting."Let's hope the actual report is more fair than that. Sadly, it probably won't beStory on Massey-Maynard, etc., scheduled to air Monday evening
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Ambush journalism in action
Justice Larry Starcher's decision to recuse himself from re-hearing the Harman Mining v. Massey Energy case ended up costing Harman a victory, based on the court's findings in the case released on Thursday.Ironically, the judge appointed by acting Chief Justice Brent Benjamin to replace Spike Maynard voted the opposite of how Maynard had originally voted in the case, while the judge appointed by Benjamin to replace Starcher voted the opposite of how Starcher had voted. If Starcher had stayed on the case and voted the same way he did the first time around, Harman would be enjoying a 3-2 victory today.What it also means is Benjamin apparently did an excellent job choosing impartial judges to replace Maynard and Starcher.The irony of it is that Starcher apparently only recused himself in the hopes that Benjamin would be forced to follow suit. He even said as much in his recusal statement. But Benjamin refused to cave to the pressure. He and justices Robin Davis and Joe Albright all voted the second time around as they did in the first hearing of the case -- Benjamin and Davis for Massey, Albright for Harman. Judge Donald Cookman, subbing for Maynard, voted in Harman's favor, while Judge Fred Fox, subbing for Starcher, voted for Massey. 
JONATHAN MILLER
Two wrongs don't make a right
Bob Graham may not have technically broken the laws of West Virginia, but that might simply mean that the laws of West Virginia need to be changed, and a complete audit of taxpayer dollars is in order
By JONATHAN MILLER
Regardless of whether he technically broke the law or not, what Bob Graham did as director of the Wyoming County Council on Aging was wrong. But the real travesty in this whole saga is not Bob Graham’s behavior. It is the failure of state government to be an honest and effective steward of taxpayer dollars. Graham’s behavior is no different than an off-duty police officer driving 90 miles per hour down the interstate while an on-duty police officer lets him go. Sure, the one police officer should not break the law by driving 90 miles per hour, but the other police officer is guilty of negligence because he did not arrest the speeding off-duty officer. Even though both people are police officers, that does not mean that one has to look the other way while the other breaks the law.Our state government and the elected officials in charge of the state government were extremely negligent in the Bob Graham case, just as the on-duty police officer was negligent in not arresting the off-duty officer. Graham was Director of the Wyoming County Council on Aging, Inc. for over 25 years. He did not wake up one night and decide to give himself a large salary with lucrative benefits. It was a practice that grew over time until it finally got so ridiculous that our state government could no longer ignore it.The West Virginia Legislature approved the appropriation of hundreds of thousands if not millions of taxpayer dollars for Graham’s Council on Aging throughout his tenure. Only in 2004, after nearly three decades of service for the Wyoming County Council on Aging, did the state government decide to go after Graham. Surely there were red flags popping up about Graham’s behavior well before 2004; and if no red flags existed, then that is even further proof of how ineffective our state government is at protecting the public’s money.
With such ineffectiveness and negligence apparent in our state government during the Graham saga, how much more of the taxpayers’ dollars are being squandered, wasted, and abused? How many state agencies are failing to effectively spend the public’s money and how many taxpayer dollars are still going to non-profits only to be abused and wasted? Are there other instances of the West Virginia government and its elected officials aiding and abetting corruption? Only through an exhaustive and thorough independent investigation will we know the answers to these important questions and subsequently the extent of the ineffectiveness and negligence of our state government and the elected officials serving the people of West Virginia.I am calling on an independent audit and investigation of all public monies. Any taxpayer dollar that is spent must be accounted for after this audit and investigation is complete. This audit and investigation must leave no stone unturned.As an elected official and public servant of West Virginia, I understand the importance of accountability in government. Performing an independent audit and investigation of all taxpayer dollars serves as a great way to hold the government and its officials accountable. It will only increase the credibility of the government and the elected officials who serve the people. The people of West Virginia deserve to know how their hard-earned tax dollars are being spent. No better way exists to let them know this important truth than through an independent audit and investigation. Jonathan Miller is a member of the House of Delegates from the 53rd District.Lawmakers from the Eastern Panhandle of West Virginia share a laugh with Washington County legislator Sen. Donald F. Munson, R-Washington, third from right, and Maryland Sen. President Thomas V. Mike Miller Jr., second from right, during a visit to Annapolis Wednesday. Pictured from left are Del. Jonathan Miller, R-Berkeley; Del. Craig Blair, R-Berkeley; Del. Walter Duke R-Berkeley; Sen. Locke Wysong, D-Jefferson; Munson, Miller and Del. John Overington, R-Berkeley.
EP lawmakers visit Maryland legislature
Risking the wrath of Gov. Joe Manchin for going out of state, West Virginia lawmakers from the Eastern Panhandle visited their Maryland counterparts on Wednesday.The idea for the interstate field trip developed out of the annual Quad-State Legislative Conference, when lawmakers from Maryland, West Virginia, Virginia and Pennsylvania discuss issues in common. In Annapolis, the legislators toured the governor's mansion, saw House and Senate floor sessions, went to committee hearings and met with members of the Western Maryland delegation. They also caught a peek of Sen. John McCain, because the GOP presidential nominee was also in Annapolis that day. Find a full recap with comments here. 