Federal and state agency officials today completed their fourth day of closed-door interviews in the investigation of the Massey Energy Upper Big Branch Mine Disaster.
While the interviews continued, U.S. District Judge Irene Berger has yet to schedule a hearing on a request from the United Mine Workers of America and families of two of the disaster’s victims that the interviews be opened to the public.
Judge Berger has given MSHA until Monday to file a response, an indication that a ruling isn’t coming at least until then … and meanwhile, investigative interviews continue — with MSHA and the state questioning their own mine inspectors about their actions at Upper Big Branch, all behind closed doors.
(Contrary to some reports, by the way, it is not especially unusual for federal prosecutors or the FBI to begin a criminal investigation in a mine safety case before the civil investigation by MSHA is finished … often, the civil and the criminal probes happen at the same time).
Now, one thing that Judge Berger did do is order the UMWA’s lawyers to file not only a motion for a temporary restraining order, but also a legal brief that is actually required by the local federal court rules (the union’s lawyers had initially failed to file such a brief). Judge Berger issued that order on May 10 (Monday), the same day the union’s lawsuit was filed. The judge gave the union until today to file its brief, but UMWA lawyers filed it on Tuesday. Once that brief was filed, Judge Berger then gave MSHA until next week to file its response.
As I write this, the docket for the case shows no date set for a hearing on the TRO request.
Contrast that to the timeline earlier this year, when Massey Energy lawyers sought a TRO from Judge Berger to stop the tree-sitters who were protesting mountaintop removal at a Massey site … Massey filed its request for a TRO on Jan. 25. Judge Berger held a hearing the next day, and issued the TRO the day after that …
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As a safety investigator (not in USA) I just wanted to comment that there are some advantages in having closed interviews or hearings in initial stages of an investigation. Critical evidence and testimony might be lost if all is made public too soon.
Good catch on the historical context there with your last paragraph. It certainly produces the appearance of selectivity. Kinda reminds me of how Jacqueline Quimby got arrested for her first time ever, nonviolently blocked a coal haul road for about four hours in the process, and was sentenced to 60 days in jail. Compare that no jail time given to Cordelia Ruth Tucker, who slapped Judy Bonds last summer in front of the Goals Prep Plant next to Marsh Fork Elementary School.