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First Circuit Tosses Republican Phone Jammer's Conviction

By Jeralyn, Section Court Decisions
Posted on Wed Mar 21, 2007 at 07:15:47 PM EST
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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.

The Government will now decide whether to appeal.

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    First Circuit Tosses Republican Phone Jammer's Conviction | 5 comments (5 topical)

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    About the panel (none / 0) (#1)
    by Big Tent Democrat on Wed Mar 21, 2007 at 07:20:32 PM EST
    I've argued before those judges  on a number of occasions.

    Smart and fair. But, like all judges. Wrong on occasion.

    I know nothing of the law involved or the facts. I have not read the opinion.

    But I wll do this, vouch for the integrity of each of those panel members. I will vouch for their quality as judges.

    This result is not corrupt and almost certainly not stupid.

    Whether it is right or wrong I leave to more informed heads.

    The gist of the opinion (none / 0) (#2)
    by nolo on Wed Mar 21, 2007 at 08:05:32 PM EST
    has to do with statutory interpretation.  The panel clearly signaled its complete disapproval of Tobin's conduct.  What the panel got hung up on was the statutory language requiring an "intent to harass."  The jury instruction, apparently, set forth a broader interpretation of this language than the panel could endorse.  

    Tragedy for Justice (none / 0) (#3)
    by squeaky on Wed Mar 21, 2007 at 10:16:34 PM EST
    I am sure that you are right, with your up close experience with those judges, but it is a tragic decision. The RNC pulled off a crime and went scot free. Maybe not literaly, but in essence.

    phone jamming (none / 0) (#4)
    by diogenes on Wed Mar 21, 2007 at 10:28:07 PM EST
    Wasn't there talk a time ago that prosecutors "delayed" this case for political gain for republicans?  Now it seems that the prosecutors blew it, if you believe the appeals court panel.  Maybe the decision to pursue the ill-defined charge was what was political about all this.

    more Boston corruption (none / 0) (#5)
    by John B Brown on Wed Mar 21, 2007 at 10:31:02 PM EST
    Just as with the Whitey Bulger "disappearance", Boston has again proven its ability to screw things up to a fair thee well. It's par for the course. We now have an FBI run by the fellow who oversaw Whitey Bulger's informer/drug-boss days. Why should that part of justice be alone in it's corruption?

    First Circuit Tosses Republican Phone Jammer's Conviction | 5 comments (5 topical)

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