Unbelievable scandal convergence today on the phonejamming saga. The conviction of phonejamming strategist James Tobin has been overturned:
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.
Read that paragraph carefully, folks. I'm not a lawyer, but to me, that sounds like the prosecutor messed up. Accidentally on purpose?
I wouldn't make light of it if this didn't come right on the heels of the NHDP pressing for a new investigation into why it took sooo long for the Justice Dept. to pursue indicting Tobin:
"Why did it take so long for the indictment against Mr. Tobin to be brought?" she asked. "His name was apparently out there and known to the Department of Justice for several months and yet nothing was done with him until after the 2004 election."
Sullivan said a request to the Senate Judiciary Committee, led by Democratic Sen. Patrick Leahy of Vermont, should go out in a day or two.
This stinks to high heaven, folks. It's obvious that something is rotten here, and it is poisoning justice in our state. This needs to be addressed by Congress NOW.
Update: Betsy Devine's got a top rec'd diary on dKos on the second part of this story, but with lots more info.
Update #2: Here's a link via TPM Muckraker to the ten page letter the NHDP sent to Leahy and Hodes.
Update #3 Kathy Sullivan's statement on the overturned conviction below the fold.
Update #4: Here's a thought: so is this why Sununu was the first to call for Gonzo's head? Getting out ahead of this early before it utterly ruins his re-election chances?
Update #5: The amazing Betsy Devine (clearly the local go-to person on this) not only predicted this overturned conviction back in January but has a text file of today's court decision. |
