Contrary to the RNC’s claim that “Jim Tobin told us he was innocent”, his lawyers fought a narrow and legalistic battle about the exact meaning of the statutes in question.
- They argued at length that the phone calls would only be harassing if they were intended to frighten people.
- They argued that Tobin didn’t know the phones would be jammed by repeated phone calls, he might have thought they’d be jammed by some other method.
- They argued that Tobin didn’t know that the phones to be jammed were get out the vote lines, he might have thought it was a plan to interfere with other Democratic GOTV stuff.
- They told the jury that knowledge a crime is going to be committed does not constitute conspiracy.
- They told the jury the state had not proved that James Tobin made a direct call to Allen Raymond about Chuck McGee and his plan–even though the clear language of their appeal makes it clear they knew exactly that did happen.
Thanks to the NH State Legislature for clearing up that little matter for people who are so ethically challenged that they don’t understand that what Tobin and his cronies did on Election Day 2002 was wrong.
Interestingly, the vote was unanimous. Not one legislator was confused or uncertain about whether such behavior was basically OK. Too bad James Tobin and his RNC backers still don’t agree.