Tobin appeals conviction in election phone-jamming case

[MaineDem]

BOSTON - Defense attorneys filed an appeal Friday in U.S. 1st District Court of James Tobin's conviction in a scheme to jam New Hampshire Democrats' get-out-the-vote phone lines four years ago.

Attorneys for Tobin, 45, of Bangor argued in their 59-page brief that the telephone harassment statute should not have been used to prosecute him and three others. The attorneys also argued that the way the statute was used to prosecute Tobin violated the U.S. Constitution.

Tobin, who remains free pending the outcome of the appeal, was sentenced in April in U.S. District Court in Concord, N.H., to 10 months in federal prison. He also was fined $10,000 after being convicted in December after an eight-day jury trial.

The longtime Republican strategist was found guilty of conspiring to make more than 800 repeated hang-up calls and of aiding and abetting the making of those calls. He was acquitted of the more serious charge of conspiring to deprive New Hampshire residents of their right to vote.

...

A team of lawyers at Williams & Connolly, the Washington, D.C., law firm hired by the Republican National Committee to defend Tobin, worked on the brief. Democrats have criticized Republicans for reportedly paying the law firm $2.8 million for Tobin's defense.

http://www.bangornews.com/news/t/city.aspx?articleid=140179&zoneid=176


For the most part, the Democrats in NH had volunteer legal help. The DNC has helped recently with some legal counsel. The NH Democratic Party has been tremendous in going after this case. David vs. Goliath-like.

[tanyev]

1. It's not illegal when Republicans do it! It's more like a.....prank.

Yeah, that's it, an extreme prank.

[Demeter]

2. Fraternity Stuff

So what if there's a death or two, accidents happen! Or a fire--or a rape--or anything!

[acmejack]

3. Good to see you have the proper perspective on this.

Some many of your fellow Demorats, excuse me, democrats, are just so hysterical. :sarcasm:


edit to add the ever popular sarcasm smilie since nuance can be lost on many here :)

[stepnw1f]

4. This Prick SHould Be Put Away... Enough Already

He is guilty.

[Judi Lynn]

5. Looks as if we're headed for a whole new set of formal rules:

if a Republican does it, there will be absolutely no penalties, whatsoever. In fact, maybe he should be given a trophy, at the very least.

If a Democrat does it, punishment should be brutal, excessive, and instantaneous.

Is there any question at ALL what the upshot of this behavior, perpetrated by Democrats would have been during the election of 2002? No one would still be quibbling about it, trying to cheat the system of justice all these years later.



Madcap James Tobin

Stole Democratic votes
It's no big deal......

[EST]

6. Wow! He looks exactly as I pictured him.

Weak chinned, cheesy little jizz bag.
This rascal should be a poster boy for the "typical" republiclown. Maybe I'm putting too much into a photo, but he looks so...well...republican.

And he also (forgive my imagination) looks like a pedophihle. Yuck! The noodle burner is working overtime.

[gratuitous]

7. He doesn't claim innocence

Just that the law shouldn't apply to him. And that if it does, it's unconstitutional. And if it's constitutional, then I guess Congress was insane when it passed the law is the next step.

But he remains free pending his appeal. Isn't that nice for the criminal? I suppose if he conveniently dies before his appeals are exhausted, his lawyers will petition for his exoneration on the technicality that he hadn't begun serving his legally mandated sentence.

Have I mentioned lately how much I hate these guys?