Steve Forbes has a few angry words about James Tobin’s trial in general and the conduct of Chief U.S. District Judge Steven McAuliffe in particular:
Before this trial Judge McAuliffe had a reputation for scrupulous fairness. Apparently, however, the Democrats’ effort to politicize this case nationally had an effect. McAuliffe’s instructions, his sentencing and his denial of bail were all thoroughly out of character, particularly when you consider that another federal court, in a case involving an activity similar to that charged against Tobin, ruled that it was not a violation of federal telephone harassment laws.
Judge McAuliffe was appointed to the court by President George Herbert Walker Bush. He seems an unlikely slave to NH Democrats. Mr. Forbes might like to read some of the remarks in the official Department of Justice press release on James Tobin’s sentence for phone jamming, remarks made by FBI Agents and others who investigated Tobin and sat through his trial. For example:
“As today’s sentencing demonstrates, .. illegal Election Election Day schemes will be prosecuted and punished appropriately.”
Steve Forbes seems to have published a personal summary of the point of view of Tobin’s defense lawyers. Do you suppose Forbes is the new white knight funding Tobin’s legal bills? The RNC has officially stepped away from the bad publicity of doing so.
One defense claim I’m pretty sure Forbes has heard wrong: Mr. Tobin’s actions weren’t “similar” to Mr. Bowker’s, the Sixth District Court turned down Bowker’s claim that “telephone harassment” was too broadly defined, and Mr. Bowker’s conviction was upheld. Yes, there is one sentence in that long verdict that could be read as “telephone harassment is about scaring people”–see page 18, and look for the words “instill fear.”
In conclusion, I’d like to refer Steve Forbes to a more relevant statement made by Steve Forbes:
Those intent on wrongdoing will easily find ways around paper barriers. In a free market this wrongdoing will eventually be found out. The best deterrent is what has already happened–stiff sentences for the guilty.
* As Senate Majority Project points out, Tobin and Raymond used to work together for Steve Forbes.