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There was quite a bit of discussion last week about the NPR report on the Massey Energy FBI probe stemming from the Upper Big Branch mining incident. There was no question (or controversy) as to there being an FBI investigation, the question is whether or not it extended to possible bribery of federal regulators.
Bloomberg published this original reporting by Chris Stratton and Margaret Cronin Fisk yesterday that goes one step further than the earlier NPR story (emphasis mine):
Massey Energy Co., dealing with the death of 29 miners at one of its West Virginia coal mines, is being investigated by the FBI for possible bribery of state and federal inspectors, a person familiar with the probe said.
An April 5 explosion at the Richmond, Virginia-based company's Upper Big Branch Mine resulted in the deaths and sparked the investigation by the bureau, a second person familiar with the matter said April 30, asking not to be identified because the matter is confidential.
At least two dozen Massey employees, federal and state officials and mine union members have been interviewed by agents of the Federal Bureau of Investigation, the first person familiar with the investigation said.
The mine and its operators could be held criminally responsible for the explosion if there were any "overt acts," such as falsification of inspection documents or evidence of tampering with monitors and recording devices, said Bruce Stanley, a Pittsburgh attorney who represents the widows of two miners killed in an earlier incident.
"It's too early to provide any comment at this point," Massey spokesman Roger Hendriksen said in a phone interview today.
Should the FBI interview turn up evidence of criminal conduct, the matter would be referred to the U.S. Attorney in the Southern District of West Virginia, the first person said.
With an increasing number of government agencies being implicated in this mining incident, there's even more good reason for the investigation to occur out in the open. As Ken Ward, Jr. recently posted on Facebook:
Still no word from MSHA on making Massey mine disaster investigation public. Call 202-693-9400 to demand transparency.
In past investigations of disasters and even single mining deaths, MSHA allowed coal company lawyers to sit in on interviews with miners, mine managers and government inspectors. So the company knew what was being asked and answered - some believe the company lawyers intimidate witnesses by their very presence. Other times, government ... See Moreinvestigators conveniently skipped questions that probed their own failures of enforcement.
Congress gave MSHA authority to conduct investigations as public hearings, but the agency seldom does so.
Two UBB widows have asked for a public hearing, as has the UMWA and a collection of news organizations, including the Gazette.
A public hearing also gives MSHA subpoena power, something it doesn't otherwise have, to compel people to answer questions.
Wrongful death suits will give families power to get some answers through discovery. But a public hearing is the only way the public will ever find out what really happened.
Sources familiar with the investigation say the FBI is looking into possible bribery of officials of the Mine Safety and Health Administration, the federal agency that inspects and regulates mining. The sources say FBI agents are also exploring potential criminal negligence on the part of Massey Energy, the owner of the Upper Big Branch mine.
While everyone in this country is inooncent until proven guilty, the alleged actions of two FBI workers in Marion County, WV should have everyone up in arms.
This is awful and a prime example as to why the ACLU challenges closed circuit video surveillance in addition to other forms of government spying.
Those who espose the necessity of vidieo surveillance often do so by maintaining those in charge of policing it will do no wrong. Time and time again, as this incident points out, that rationale is proven incorrect.
On September 12th, the guidelines governing how the FBI begins investigations were dramatically changed in a way that gives the FBI the ability to begin investigations without factual evidence, stating that a generalized threat is enough to use certain techniques.
Amongst other things, the threshold for beginning an "assessment" (precursor to an investigation) will be lowered as well as the standards governing when the FBI can begin surveillance and gather evidence. Last month, the New York Times covered the story.
The new guidelines allow a person's race or ethnic background to be used as a factor in opening up an investigation against them, making racial profiling a matter of policy at the FBI. In the words of Anthony Romero, Executive Director of the ACLU National:
"The new guidelines offer no specifics on how the FBI will ensure that race and religion are not used improperly as proxies for suspicion, nor do they sufficiently limit the extent to which government agents can infiltrate groups exercising their First Amendment rights. The Bush administration's message once again is 'trust us.' After eight years of historic civil liberties abuses, the American people know better. From the U.S. attorney purges to the abuse of national security letters, the Department of Justice and the FBI have repeatedly shown that they are incapable of policing themselves."
For a quick discussion as to why these new guidelines are really bad for effective law enforcement, please follow me below the jump.
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