Blankenship Issues Ultimatum

Unless he wins his pending federal lawsuit against Gov. Joe Manchin, Don Blankenship has vowed that he cannot remain atop Massey Energy Co. and stay involved in West Virginia politics.

As The Associated Press reports, his lawyers have told Manchin's that "governor has violated his free speech rights to the extent where, absent winning the lawsuit, 'he cannot, in good faith, continue to serve as the head of Massey and remain to be politically active in the state.'"

But in their Oct. 5 court filing, Blankenship's lawyers also said that "As such, he will no longer speak out on any issues of public interest or participate in any meaningful way in the political processes of the state."

(Given that he's expected to weigh in on next year's Supreme Court race, I asked him whether these statements mean no participation whatsoever. He replied that the filings speak for themselves, but also that the lengthy section of the filing that addresses this issue must be considered in its entirety.)

As noted earlier, Blankenship has spent an estimated $7.5 million on political activities in West Virginia since 2003. The court filing details more than $4 million of that spending, most of it after Blankenship alleges that Manchin chilled his speech rights.

"The filing also suggests that Blankenship increased his public statements after Manchin's alleged threat. It lists 22 speeches since the incident, compared with five in the preceding months, and 20 media interviews since compared to six beforehand," the AP article said.

But despite these appearances, the failed 2006 campaign targeting Democratic legislators and the like, Blankenship says he would be doing much more if not for the governor.

Blankenship otherwise would have attacked Manchin for "politicizing mine health and safety issues," failing to improve the state's business climate, and for his "continued placement of friends and family in government positions and otherwise engaging in cronyism.," the filing said.

Blankenship also sought to outline his damages in the filing, including $4.5 million from the drop of Massey stock and $25 million from lost chances to sit on corporate boards of directors -- all blamed on Manchin.