Appeals court reverses conviction in phone-jamming case

[MaineDem]

Source: Concord Monitor/AP

CONCORD, N.H. (AP) -- A federal appeals court on Wednesday reversed the conviction and sentence of James Tobin, the former regional chairman of President Bush's re-election campaign, who was sentenced to 10 months in prison for his role in an Election Day phone-jamming plot against New Hampshire Democrats.

Tobin, of Bangor, Maine, was convicted in December 2005 on two criminal charges of telephone harassment in the scheme, which tied up phone lines set up by the state Democratic Party and the Manchester firefighters' union for more than an hour when Republican John Sununu won a hotly contested U.S. Senate race against then-Gov. Jeanne Shaheen, a Democrat.

The U.S. Court of Appeals for the First Circuit in Boston ruled that the statute under which Tobin was convicted "is not a close fit" for what Tobin did and questioned whether the government showed that Tobin showed an intent or purpose to harass.

"Oh my God, wow, you know sometimes there is no justice," said New Hampshire Democratic Party Chairwoman Kathy Sullivan, who on Tuesday announced that Democrats will ask Congress to investigate whether prosecution of the scheme was intentionally delayed until after the presidential election in 2004.

Read more: http://hosted.ap.org/dynamic/stories/N/NH_PHONE_JAMMING_TOBIN_NHOL-?SITE=NHCON&SECTION=HOME&TEMPLATE=DEFAULT

---

DAMN!

Now I'm really wondering about the US Attorneys who stayed on the job.

[Ian David]

1. This is why the prosecutors and DAs are not supposed to be politicized...

because even if this actually was a legitimate decision, Bush's Pearl Harbor Day Massacre has so discredited the Judicial branch, that now we REALLY don't trust them.

[BridgeTheGap]

2. No, I didn't trust them

somewhere around, oh, say before the year 2000?

[rodeodance]

3. crap!!

[Hekate]

4. Can this ruling be appealed, or is it final?

Jeez louise, just when I was smiling over Barbara Boxer reminding Inhofe who's in charge now .... ugh, more news of corrupt, fascist Bushworld.

Hekate

[MaineDem]

6. The article says it goes back to District Court

At least it isn't over but I wish the Appeals Court had agreed with the verdict.

[sellitman]

5. Is the Judge one of the 8 the Chimp replaced?

If so then this could actually be another headlight shining light onto the wrongful firings?

[notadmblnd]

9. I don't think so, but I'll bet he was on the list

until they persuaded him to tow the line.

[LiberalFighter]

14. Are you thinking US Attorney or Judge?

If the 8 US Attorneys they don't decide the outcome... the judge or judges do.

[cassiepriam]

7. One of Bush's dancing bears?

[Up2Late]

8. I doubt this will be the last court to hear this.

This sort of thing always seem to go through 3 or 4 levels of the legal system before it's settled.

[annabanana]

10. Aha! Clearly a "loyal Bushie" per design. One of the ones

who didn't lose a job!

[stillcool]

11. here's another wonker..

Enron Class Action Suit Denied By Federal Appeals Court, Signaling Narrowed Scope Of Liability For Bankers

March 20, 2007 10:52 a.m. EST

Jacob Cherian - All Headline News Staff Writer

New Orleans, LA (AHN) - A federal appeal court ruled Monday that Enron Corp. shareholders cannot proceed with a class action suit against investment banks for their supposed role in the accounting fraud that led to Enron's collapse in 2001.

The 5th U.S. Circuit Court of Appeals opinion turned around a previous decision by U.S. District Judge Melinda Harmon in Houston, who ruled that shareholders could sue as a class.
http://www.allheadlinenews.com/articles/7006800055

[aquart]

15. BushCo's done a first-class job.

Now how do we put these traitors in jail?

[Gman]

12. Questioned if there was intent to harrass???

WTF? Then what the hell was he doing? I wouldn't think the government needs to say more than 2 words about it for even the stupidest among us to understand.

[GETPLANING]

13. Trust the justice system any more?

Just another example of how Bush has fucked up our country

[Joe Bacon]

16. Another case of IOKIYAR

Once again, Republic Party members can do whatever they want because the law does NOT apply to them.

[rumpel]

17. unfortunately with all the people

bush put into the judicial "sometimes there is no justice" will be common place, even though this sounds like an understatement of the century...

reminds us to pay close attention to all judgeship races, we have to locally vote for, as those are the ones that will climb up there to be nominated.

[Tesha]

18. (NH Republican phone-)Jamming conviction reversed

Source: AP

By BEVERLEY WANG, Associated Press

CONCORD, N.H. - A federal appeals court on Wednesday reversed
the conviction and sentence of James Tobin, the former regional
hairman of President Bush's re-election campaign, who was
sentenced to 10 months in prison for his role in an Election
Day phone-jamming plot against New Hampshire Democrats.

Tobin, of Bangor, Maine, was convicted in December 2005 on two
criminal charges of telephone harassment in the scheme, which
tied up campaign phone lines for more than an hour when Republican
John Sununu won a hotly contested U.S. Senate race against then-Gov.
Jeanne Shaheen, a Democrat. The lines had been set up by the state
Democratic Party and the Manchester firefighters' union.

The U.S. Court of Appeals for the First Circuit in Boston ruled
that the statute under which Tobin was convicted "is not a close
fit" for what Tobin did and questioned whether the government
showed that Tobin showed an intent to harass.

"Oh my God, wow, you know sometimes there is no justice," said
New Hampshire Democratic Party Chairwoman Kathy Sullivan, who
announced Tuesday that Democrats will ask Congress to investigate
whether prosecution was intentionally delayed until after the
presidential election in 2004.

<more>

Read more: http://pressherald.mainetoday.com/news/state/070322tobin.html

[Donnachaidh]

19. they ARE going to take this to the next level, aren't they?

A proclamation of *there is no justice* isn't going to cut it.

[Tesha]

23. I'm not sure what "the next level" would be.

> they ARE going to take this to the next level, aren't they?

I'm not sure what "the next level" would be. The civil
suit has already been settled (for $125,000 of the $4.1
million that was initially sought), so unless someone
can be creative in bringing new criminal charges, I
think it's done: The fat-cat walks, as per usual.

Tesha

[youngdem]

20. The question from now on unfortunately has to be who has gotten to this judge and for how much

Bush has irreparably damaged the independence of law enforcement and the judiciary. If he has intimidated and fired prosecutors, you can bet judges are getting much the same treatment.

[Tesha]

21. Here's the "Union Liar's" more-extensive story...

http://www.unionleader.com/article.aspx?headline=Tobin+conviction+overturned&articleId=79bed4a6-eb3a-4f6f-a0f1-0cc000db2aab

<snip>

Reporters' calls to Tobin and four defense lawyers were
not returned yesterday. The Republican National Committee
paid for Tobin's defense, despite maintaining a public
position that the party would not tolerate vote tampering.

"We are pleased for Jim and his family," said Dan Ronayne,
an RNC spokesman. He declined to comment further.

Tobin was the RNC's New England regional director at the
time of the phone jamming. He went on to serve as President
Bush's New England re-election campaign chairman in 2004,
but resigned after the allegations surfaced.

<more>

[cassiepriam]

22. Is this what happens when the judges are "loyal." ??

[Tesha]

24. Related thread from before this news broke...

Here's a thread that discusses an earlier story
from Tuesday, before the news of the reversal
broke:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2774300

Tesha

[MaineDem]

25. Here's an earlier thread after the news broke

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2775971

[polmaven]

26. All them stinkin' librul activist judges!

We just gotta do sumthin 'bout them!

[Vinca]

27. As a resident of New Hampshire, I'm extremely pissed off.

Chances are extremely high Sununu would not have won had it not been for the phone jamming. My only consolation is that bad guys seldom reform and Tobin will come around again. Damn, damn, damn, damn, damn.

[jcv1]

28. Appeal of reversal

The prosecutors should push it to the Supreme Court (oh wait.... never mind....)

[E-Z-B]

29. This sets a dangerous precedent. If Tobin's conviction isn't upheld, watch this happen everywhere

in 2008.