This ad provides just a few of the extreme actions former President Obama and his cronies took to prevent the truth of the Upper Big Branch (UBB) coal mine explosion from coming to light. Like children who know they have done something wrong Obama and team immediately after the explosion blamed others for what they themselves had done. Obama said before any Mine Safety and Health Administration (MSHA) investigation team members could even go underground that management was at fault. Obama's chief coal mine regulator was equally child like essentially saying "they did it ---we didn't" when he emailed all UBB MSHA district mine inspectors. He incredibly wrote the most transparent untruth he could write, "the operator blew up the mine MSHA didn't."
But for the cover-up to be successful they also did not want a competing public voice disagreeing with them. Once I showed a willingness to disagree in a very public way they felt that more had to be done to shut me up. Following the release of my video documentary "UBB Never Again" and my development of safety enhancement recommendations that might prevent another UBB like tragedy, Obama and his appointees realized they had to do more.
U.S. Senator Joe Manchin rushed to demand that I be indicted, and so I was by Obama appointed prosecutors. The lead prosecutor Booth Goodwin is the son of one of the federal judges in the district I was indicted in. The trial was banana republic like. The federal judge, Irene Berger, had been appointed by Obama and did everything she could to help the prosecution. One of her law clerks had already declared me guilty in a published document. She placed individuals on the jury she knew would find me guilty. Union members, an individual associated with Black Lives Matter, and even the adjacent county’s prosecutor were selected for the jury.
The prosecutors then broke nearly every rule of conduct and ethics in the book. Brady material supporting my innocence was withheld, they misled the jury continually, they had discussions with Judge Berger without my attorneys present, and they even threatened to indict individuals if they agreed to testify on my behalf. Since the trial, they have even lied to the Department of Justice and have admitted they lied.
It was no surprise that Obama’s appointed Fourth Circuit Court of Appeals Judges agreed with Judge Berger that I was not entitled to cross exam the lead witness when 42 new exhibits were introduced on re-direct examination. They also agreed that I did not have to have committed a crime, but rather that I was guilty if I did not prevent others from committing a crime. It is not possible in this short release to explain how corrupt the trial and appeals process was, but I can tell you with 100% truth I am innocent of the charge of which I was convicted. In fact, I personally, along with the Massey Energy Company, did more to improve miner safety in Central Appalachia than any individual or company during the three decades I managed Massey.
Readers should reflect on the facts. The United States government’s prosecutors actually said in a U.S. court that I should be treated more harshly because my free speech troubles the United States. An American citizen's constitutional right to free speech is exactly for that purpose.
Readers too should reflect on the pressure all the judges had on them to get and confirm a conviction. The individuals that appointed these Judges and could promote them were saying on national television that the accused is guilty, does not deserve a fair trial, and has blood on his hands. Add to these facts that the trial judge works daily with the lead prosecutor's father (on the same floor), in the same building, sharing the same elevator, attending the same meetings, and sharing time at the same social gatherings. Yes, a trial judge who regularly shares time with the prosecutor’s father. A father who is a political ally and who is prosecuting a case in her court, which the father hoped would catapult his son into becoming the Governor of West Virginia.
Corruption in America is pandemic. It is pandemic not just in the legislative branch or in the regulatory arms of our government, but also in the judicial branch.