We're keeping a really close eye on the trial this week of James Tobin, former New England Chair of Bush-Cheney '04 and former Northeast field director for the RNC and the NRSC in 2002.
Tobin's on trial for his role in the GOP attempt to knock out Democratic and union phone banks on election day 2002 in New Hampshire.
Below the fold is a run-down of what happened today in the trial from a TPM Reader who's been following the case closely for some time.
Good day for the home team. [Former NH GOP Executive Director Chuck] McGee was less of an idiot and [former GOP Marketplace owner, Allen] Raymond was a mensch.
No. Make that an ubermensch.
Highlights.
- McGee said they discussed the crime with "Mr. McCabe of DCI" prior to election day. Mr. McCabe is just about definitely Bruce McCabe of DCI, who is from New Hampshire. That puts DCI in discussions of the phone jamming crime prior to offense and then giving Tobin a job afterwards. (Of course, if the links between DCI and CSE through Boydon Grey are real, they gave jobs to both Tobin and McGee.)
- McGee said that after the jamming was called off on election day he has a conversation with Darrell Henry of American Gas Association. For some reason I had remembered him as being form the American Petroleum Institute, but whichever, he is the same person who we were told long ago came into town the last two weeks of the election and took over. McGee said that in this same conversation on election day, when he told Henry that Dowd had called it off, Henry said they would have their own people finish it up. (In fact, while the intensity abated to a great degree, the Dems were subject to hang-ups throughout the day).
- Raymond said that he talked to Tobin after McGee told him Dowd had pulled the plug in order to get his take on it. And Tobin told him the same thing (he knew Dowd had pulled the plug etc.) This is unfortunate for Tobin because it shows that Tobin was still in the loop and his involvement wasn't limited to the initial referral.
- Raymond also says that two weeks later, after being contacted by Manchester police, he called Tobin who pretended not to know what the NH program was. Raymond says he persisted and the Tobin admitted he knew what Raymond was talking about. This is very unfortunate for Tobin-- that attempt to pretend he didn't know about it is evidence of consciousness of guilt
- Raymond said he ran the scheme by a lawyer, Kenneth Gross who was ID'd as a former associate general counsel of the FEC. He wasn't allowed to talk about the advice given by the lawyer, but the clear implication wasi that he OK'd it. Of course the clear implication is sometimes wrong. But as Desi Arnaz would say, "Someone got some Splainin' to do." Including Gross, Henry and McCabe.
Comments (5)
Thanks for the update. This case illustrates the GOP methodology perfectly.
December 7, 2005 5:11 PM | Reply | Permalink
"McAuliffe said he will not allow Tobin’s attorneys to tell the jury what Raymond’s lawyer advised because, the judge said, it was irrelevant to Tobin’s actions." (http://unionleader.com/article.aspx?headline =Attorneys%20want%20no%20talk%20of%20RNC%20in%20phone%20trial& ;articleId=4e2006e0-c904-4523-8589-eb588dc39fb8 Union Leader, Dec. 3, 2005)
Despite Tobin's clear prohibition, the defense introduced this information in their opening statement on December 6, and clearly repeated it on December 7. They have now enjoyed two refreshing bites from that forbidden apple. I hope McCauliffe will push back harder on this. He did offer a very mild rebuke on Wednesday, after the jury had gone.
The defense spent much of the long pre-trial period trying to claim the phone barrage was legal, by stretching far into suspended disbelief about what our federal laws are meant to prohibit. If Raymond's lawyer told him the scheme was "legal", he must have been dredging up similar longshot theories.
That's why the defense is tap-dancing around an assertion, instead sending out repeated, subtle hints that a lawyer assured people their plan was "legal."
December 7, 2005 6:20 PM | Reply | Permalink
Sorry, McAuliffe rebuked the defense on Tuesday, December 6.
I spent that day in court, blogging the action at http:betsydevine.weblogger.com
The Globe has now posted Beverley Wang's December 7 AP story: http://www.boston.com/news/local/new_hampshire/articl
es/2005/12/07/accounts_differ_on_tobins_role_in_phone_jamming_113
4004950/
December 7, 2005 7:02 PM | Reply | Permalink
Italics
December 7, 2005 8:06 PM | Reply | Permalink
I thought this bit from the Bangor News story was interesting:
McGee and Raymond pleaded guilty earlier this year to one count each of conspiracy in the phone-jamming operation. McGee, who now lives in Manchester, N.H., was released shortly before Thanksgiving after serving seven months in a maximum-security prison in Brooklyn, N.Y. His sentence included a $2,000 fine and 200 hours of community service.
Maximum security. In New York City. No wonder McGee looked miserable on the stand. For a podgy white guy from New England, that must have been a very long seven months. Tobin's looking at up to 19 years. You gotta wonder how much trust he has in his RNC-paid lawyers at this point.
December 8, 2005 1:03 PM | Reply | Permalink