Talk Left: Tobin's (NJ Phone Jamming) Conviction Reversed Today

[deminks]

Now amid concern that the case was mishandled and involved in the USA scandal.

http://www.talkleft.com/story/2007/3/21/201547/980

RNC Regional Director James Tobin's phone jamming conviction has been reversed. It's remanded for a new trial. The opinion is here. (pdf).

Tobin was sentenced to 10 months in prison on charges of telephone harassment. But the 1st U.S. Circuit Court of Appeals 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 intended to harass. A Justice Department spokesman said prosecutors were reviewing the decision, and did not say if they planned to appeal.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=468542&mesg_id=468542

[Botany]

1. WTF?

A Justice Department spokesman said prosecutors were reviewing the decision, and
did not say if they planned to appeal.

This is why bush & company packed the courts and the D o J.

[Kagemusha]

4. The case really does read like a stretch in some ways

If it was Democrats being sued DU'ers would say it looks thin on paper. The thing is, they were prosecuting on the grounds of telephone harassment, not conspiracy to deny of civil rights (the right to vote) which would've fit the intent and the actual deed a lot more. But that's the prosecutorial decision that was made. Until now, I didn't think it was anything but an honest but somewhat weak decision. Now? I dunno...

[originalpckelly]

6. Excuse me, but contacting a phone number hundreds of times within a short period of time...

is intended as harassment.

[Botany]

7. They have Tobin dead to rights

They have the phone records, the companies he hired to clog the lines,
and his calls to Mehlmen.

Although i am not a lawyer this case was heard in front of a jury and they
found him guilty .....

Besides the RNC has picked up his legal tab ... this happened in 02 ... .Tobin
was given a raise and a promotion after he was arrested on this charge.

Once again I am worried about the D o J and the judge who hears the case ...
the last 2 weeks showed that "they" wanted to control the courts too.

[Kagemusha]

8. Well I'm saying I see the line of attack. It's not totally nuts.

It's also pretty weak and it's trying to say that if there's no actual crime for denying people the right to vote, you shouldn't prosecute people for harassment for the intent to deny people the right to vote because, er, well, because it's TOO COMPLICATED.

Al Capone would love these lawyers and judges.

Hopefully there's ample justification for higher appeals to reinstate the conviction but, who knows. It's messier now. I'm wondering if it's messier because the original prosecution decisions were unecessarily weak.

[Justice]

2. are you kidding me!?? no intent to harass??!!

[BlooInBloo]

3. Oh Jeez.

[JBear]

5. Don't forget....

We got "not counting ballots" as "equal treatment under the law." This is sad, but not surprising. The courts are stacked.

:bounce: