The U.S. Justice Department’s prosecution of former GOP political organizer James Tobin of Bangor came to an end last week, more than 6½ years after a phone-jamming incident during the November 2002 election in New Hampshire led to charges against him in two states.
The case formally ended Thursday when a mandate from the 1st U.S. Circuit Court of Appeals in Boston dismissing the latest appeal by federal prosecutors was filed in U.S. District Court in Portland.
Tobin, 48, was indicted in October by a federal grand jury in Portland on charges of lying to the FBI during an interview on Oct. 14, 2003, about the phone jamming. Those charges were brought just days before the statute of limitations would have prevented prosecutors from making them and nearly three years after Tobin was vindicated on far more serious charges in New Hampshire.
U.S. District Judge George Z. Singal in February dismissed the Maine charges on the basis of vindictive prosecution. Federal prosecutors on March 17 appealed Singal’s decision but on May 1 filed a motion to dismiss it.
“The government, with the concurrence of a duly-authorized deputy solicitor general, ultimately decided not to pursue the appeal,” stated the motion to dismiss the appeal, which was signed by Andrew Levchuk, the lead federal prosecutor in the Tobin cases.
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