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NYT calls phone-jamming "voter fraud", plus new Tobin outrage

by: Betsy Devine

Mon Sep 17, 2007 at 15:10:34 PM EDT


(Another great update by Betsy. And please consider thanking Paul Hodes for drawing attention to this crime by contributing to him through ActBlue (look for "ActBlue Hampshire" on the left-hand margin). - promoted by Dean Barker)

"The Bush administration has spent a lot of time talking about mythical cases of voter fraud and election improprieties," says the editorial in today's NY Times, "but the New Hampshire phone jamming case was the real thing."

Amen!!

The Times is endorsing the recent request by Representative Paul Hodes for a Congressional investigation, citing multiple actions by the now-disgraced Department of Justice that left many avenues unexplored or even blocked.

In other phone-jamming news, James Tobin's lawyers filed a motion (on September 14) for a Judgment of Acquittal on grounds that seem to me completely outrageous...more below the fold.

Betsy Devine :: NYT calls phone-jamming "voter fraud", plus new Tobin outrage
On Election Day, 2002, non-stop hang-up phone calls blocked Democrats' phones for hours -- the investigation was probably "slow-walked" though some small-fry did get jail terms--the biggest fish caught was political consultant James Tobin of Maine, a stringer for DCI Group who had been friends with the Virginia-based consultant Allen Raymond at least since the two of them worked to try to make Steve Forbes president.

Indicted shortly after the 2004 Presidential election (Tobin had moved up the political food chain to be New England Chair for Bush/Cheney 2004), James Tobin was quickly lawyered up at the expense of the Republican National Committee and has consistently refused to testify about what he did or who else knew of the plan to jam phones in NH. Appeals Court in Boston overturned Tobin's conviction by a NH jury, saying the NH Judge's charge to the jury defined "harassment" too broadly.  Tobin was sent back to NH for re-trial; jury selection will start in early December.

As of September 14, Tobin's lawyers now claim that a new trial would contravene the intent of the Appeals Court and furthermore violate Tobin's Fifth Amendment rights.

Even more outrageous, at least to this non-lawyer, is their claim that Tobin is innocent unless his goal with the phone-jamming was to cause Democrats emotional distress. Never mind that any reasonable person would have known that non-stop hang-up calls on election day would cause distress. It's still not a crime unless Tobin's purpose was causing distress, say Tobin's lawyers. Goals like stopping Democrats from getting out their voters or disrupting the ability of Democrats to talk to one another on Election Day or keeping people who don't own cars from getting a ride to the polls--those seem perfectly fine to Tobin's lawyers.

I am not a lawyer, and I have not read all 32 pages of the appeal or the additional 32 pages of their Exhibit A and etc. If you are a lawyer and/or you want all the details, go the the NH Federal District Court website and sign up for an account with PACER.

I'd link to a mainstream news article on this if I could--but there's nothing yet. Maybe with this new push from the New York Times, there will be.

p.s. I also posted this story on Daily Kos.

Tags: , , , , , , (All Tags)
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For more on the DOJ "slow-walk" of the phone-jamming investigation.. (0.00 / 0)
  • An excellent summary by the NH Democrats created 20070321

  • http://www.bluehamps... of the phone-jamming slow-walk, created 20070403

  • What finally forced the US Attorney to move forward?



"Making trouble today for a better tomorrow" http://BetsyDevine.com/blog

whoa, got a little tangled up in my html there. (0.00 / 0)
the second list item should read...

Timeline of the phone-jamming slow-walk, created 20070403

"Making trouble today for a better tomorrow" http://BetsyDevine.com/blog


[ Parent ]
Jammin' (0.00 / 0)


Next time, there may be no next time.

[ Parent ]
Betsy, You Are the Best! (0.00 / 0)
And another four star member of the phone jammer fighter club! 


"When you get to the end of your rope, tie a knot and hang on."  Franklin D. Roosevelt    

Thanks, Kathy--and congrats (0.00 / 0)
.. your hard work and persistence kept this thing alive despite the combined efforts of a horde of ill-wishers--many of them, alas, paid salaries out of your tax dollars and mine.

"Making trouble today for a better tomorrow" http://BetsyDevine.com/blog

[ Parent ]
thanks for the timeline (0.00 / 0)
Betsy, I agree with Kathy, the materials you have put together
have been consistently very helpful throughout the way too long history of this case.

"But, in the unlikely story that is America, there has never been anything false about hope." Si se puede. Yes we can.  

[ Parent ]
Full Text (0.00 / 0)
Editorial
The New Hampshire Phone Scam

Published: September 17, 2007

On Election Day in 2002, when New Hampshire voters were going to the polls in a hotly contested Senate race, the phone lines in Democratic get-out-the-vote offices were jammed. The executive director of the New Hampshire Republican Party pleaded guilty to phone harassment charges, but there has never been an adequate investigation of reports that the White House may have been involved.

Paul Hodes, a New Hampshire congressman, is asking the House Oversight and Government Reform Committee to investigate. It should conduct the searching inquiry that the Justice Department has not.

The Bush administration has spent a lot of time talking about mythical cases of voter fraud and election improprieties, but the New Hampshire phone jamming case was the real thing. Republican operatives hired an Idaho telemarketing firm to jam the lines to prevent people who needed help in voting from getting through. The scheme was a direct attack on American democracy.

After the guilty plea from its executive director, the New Hampshire Republican Party paid to settle a civil lawsuit filed by the state¹s Democrats. There is reason to believe, however, that the phone jamming ploy may have been coordinated out of the White House. Democrats say there were
22 phone calls between New Hampshire Republican officials and the White House Office of Political Affairs on election night and early the next morning.

Mr. Hodes says that rather than trying to learn the truth, the Justice Department has engaged in unlawful interference to block the investigation.
He reports that according to one of the defense lawyers, the attorney general personally had to sign off on all actions in the case, an extraordinary rule that would slow things down considerably. According to Mr. Hodes, the only F.B.I. agent assigned to the case was told that she could not pursue leads to Washington.

It is shocking to think that anyone in the White House was involved in a dirty trick designed to prevent Americans from exercising their democratic rights. Unfortunately, after this year¹s revelations about the firing of United States attorneys for partisan political reasons, the possibility cannot be dismissed out of hand.

Henry Waxman, the chairman of the House oversight committee, has a lot to investigate these days, but he should find time for the serious inquiry into the New Hampshire phone jamming case to which American voters are entitled.


Next time, there may be no next time.


Election day 2002 (4.00 / 1)
I will never forget the panic in the coordinated campaign office when I arrived there around 9 am after spending a couple of hours holding signs outside the polling place for my ward in Manchester. The damage was not just the lost calling time for period that the phone lines were down, but the collateral damage from the havoc that was caused. It threw the operation off.

 

I'm a Jeanne Shaheen friend and staffer.


The Shock (4.00 / 1)
I will forever be haunted by the stunned shock on the faces and in the voices of the young people charged with implimenting the election day work they were prevented from completing.

We will never know the full extent on the 2002 results but the spirit of countless dedicated young people was tatterted by the actions of the NH Republican Party - which is heinous.

Democrats solve problems, Republicans sit and say no.


[ Parent ]
Never Forget (0.00 / 0)
I'll never forget the Republicans jammed our phones.  But, as the brilliant Ivanka Trump said in The First Wives Club, don't get mad, get everything. 

Energy and persistence conquer all things.


Benjamin Franklin


 


[ Parent ]
A central tenet. (0.00 / 0)
I think it's a central tenet of the Republican ideology that it's the intent that counts, not the result or effect.  Which is why, even though killing a human is murder, if the intent is to punish, or if it's simply collateral damage, it doesn't qualify.
Next you'll hear Tobin argue that he hired his old consultant friend to do some last minute phoning and had no idea that the computers were going to dial the same numbers over and over again.
And besides, they were just trying to get the Republican elected and had no interest in messing with Democrats.  You see, that's the neat thing about intent; it's so damned hard to prove what someone was thinking, unless you get a confession.

Republicans always accuse others of what they intend themselves. 
Be that as it may, the trial of Brent Wilkes, associate of Randy "Duke" Cunningham, who's already gone to prison is about to get under way in the court of District Court Judge Larry A. Burns, whose nomination was approved by 91 Senators in September of 2004.  The nine non-voting were:
Dodd (D-CT)
Edwards (D-NC)
Graham (D-FL)
Gregg (R-NH)
Inhofe (R-OK)
Kerry (D-MA)
Lieberman (D-CT)
Specter (R-PA)
Sununu (R-NH)

Now, why would both NH Senators be in the non-voting group.  Surely this isn't one of those times when Sununu failed to support the President.


The intent thing (0.00 / 0)
I seem to recall commentary right after the case sent back for re-hearing that the prosecutors had been a little too cute, using phone harassment charges rather than something conspiracy to deny civil rights.

The phone harassment laws are aimed at jilted lovers and fired workers who go after those who supposedly wronged them. I don't know the wording of the specific statutes, but it seems plausible that there is an element of intent required.


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