A federal appeals court has upheld the acquittal
of a former Republican National Committee official charged in the
GOP phone-jamming scheme in New Hampshire’s 2002 election.
James Tobin of Bangor, Maine, had been convicted in 2005 of
federal charges of conspiring in, and aiding, a scheme to disrupt
election day get-out-the-vote efforts by the state Democratic Party
and a firefighters union. The groups’ telephone banks were jammed
by hundreds of hang-up calls.
Last year, U.S. District Judge Steven McAuliffe cleared Tobin,
ruling Tobin’s role did not fit the specific telephone harassment
statute which he had been convicted of violating. An appeals court
turned down the government appeal of McAuliffe’s ruling this week.
Meanwhile, Tobin has been indicted in Maine on charges of lying
to the FBI about the phone-jamming.