A former national Republican Party official
implicated in a 5-year-old phone jamming plot against New Hampshire
Democrats is asking a federal appeals court for the second time to
James Tobin of Bangor, Maine, has appealed U.S. District Judge
Stephen McAuliffe’s recent orders that set the stage for Tobin’s
new trial on phone harassment charges.
The trial is scheduled to begin Wednesday but is likely to be
delayed since the appeals court set a March 17th deadline for
Tobin was convicted in 2005 and faced 10 months in prison over
his alleged role in jamming get-out-the-vote phone banks run by
state Democrats and a union. Last year, an appeals court overturned
the conviction and sent it back to court in Concord, saying
McAuliffe’s jury instructions defining harassment were over-broad
and prejudicial to Tobin.
In September, Tobin’s attorneys asked McAuliffe to acquit Tobin,
saying his actions didn’t fit the statute and to try him again
under the same statute would mean double jeopardy. McAuliffe
instead issued orders scheduling a new trial.