“Courtroom opponents fear the scorched-earth tactics of Williams & Connolly lawyers,” says The Washingtonian. But it’s hard to imagine a less scorched-earth, more just-folks fellow than W&C partner Dane Butswinkas, as he moseys forward to address the jury. My summary, with elisions–my fingers are tired!
Today, as I walked into the courthouse with James Tobin, who is facing the most important day of his life, I noticed that this courtroom had been labeled “US versus _John_ Tobin.”
And that reminded me that sometimes the government makes mistakes. Sometimes, witnesses don’t tell the truth. And when this happens, and a citizen is in danger, we depend on a jury. [Praise of juries in general and the dedication of this panel of jurors in particular.]
I mention my appreciation of juries because I need to make clear that the law says we can’t chat or interact with you outside this courtroom. So if I pass you without making eye contact–I’m not being unfriendly. It’s the law. It’s the law for my associates and for Mr. Tobin. If you happen to pass Mr. Tobin’s wife in the hallway (he gestures toward bench where Tobin’s family and friends are sitting). Or Mr. Tobin’s fine sons. Or his mother and father, who are here. We need you to understand, it’s just the law.
I’m going to write down three guideposts that describe what you’ll see in this case. Now, I’m not from around here, so if I go outside this courtroom I need people to help me find my way. I need guideposts. For instance, I might ask someone to tell me about places in NH to vacation. And he might tell me, go see the beautiful Shaker Village. And while you’re there enjoy the Creamery. Or he might tell me [several more glowing descriptions of NH tourist attractions]..he’d give me guideposts.
So here’s the first guidepost. [Taking a big felt-tip pen, he scrawls in capital letters on a big newsprint tablet] “1. JIM DID NOT AGREE TO JOIN A CRIMINAL CONSPIRACY OR TO HELP TO COMMIT A CRIME.”
In 2002, Jim was working 80 to 100 hours a week. He was raising money, arranging state visits by dignitaries, and working with state parties to help them function on their own. He was making more than 100 phone calls per day.
McGee told Tobin a vague idea. McGee’s plan was to get legal advice and run it by his boss John Dowd before implementing it. McGee tried to do both these things.
Now, you have heard that Tobin was on a higher level than McGee and Raymond. I disagree. Allen Raymond was a national political figure, the head of the Republican Leadership Committee, a prestigious group that included Christie Todd Whitman. Raymond was making a six-figure salary and running a very profitable business.
You will hear from Allen Raymond that John Tobin called him, told him a vague idea, said you can expect a call from Chuck McGee.
Guidepost: [writing it] “2. JIM HAD NO INVOLVEMENT IN THE INTERACTIONS BETWEEN RAYMOND AND MCGEE, OR IN THE AGREEMENTS THEY MADE.”
McGee and Raymond and others discussed four things
- They designed a specific telephone program.
- They negotiated cost.
- They consulted with legal counsel.
- They agreed to go forward.
On the day before the election, McGee asked Republican State Chairman John Dowd’s permission to go forward. Dowd said, “Can I cancel at the last minute?” McGee takes this as endorsement to go ahead. At 7:30 a.m., McGee gets a phone call from Dowd, “We need to stop this, I think it’s illegal.” McGee tries to reach Raymond. Raymond says he will stop it, but doesn’t do so immediately because he’s afraid he won’t get paid if the calls stop as soon as they started. Then Raymond calls a bunch of people to complain about this, including Jim.
Guidepost. [Writing] “3. MR RAYMOND IS HERE IN THIS COURTROOM TO SAVE HIMSELF FROM FEDERAL PRISON.” When Mr. Raymond gets here–I don’t know what he’ll say. It’s hard to predict, based on what he’s said in the past. Mr. Raymond has a 5 month sentence hanging over his head like a grand piano. He asked the start of his sentence to be held off until after this trial so that he could give, and I quote Mr. Raymond here, “valuable testimony.”
My client Jim Tobin is 42 years old. He spent the first half of his life in Windham, Maine and the next half in Bangor, Maine.* He and his wife met in church–when he was 5 years old and she was 4. They have been married for 19 years. They have 4 kids–the “two bigs”, their teenage sons, and the “two littles”, aged 4 and 7. Jim is very active in the church…[more anecdotes about Jim, the church, mentoring…]
Ladies and gentlemen, this case must be decided on law, not on emotion. It must be decided based on reason and fact. That is what we are here to do.
But when this trial concludes I am confident that you, based on law, not on emotion, will find Jim not guilty and send him home with his family, through that door.
* Sourcewatch says that, despite “living” in Bangor, Maine, Jim Tobin is employed by the DCI group in Washington, DC, a top Republican PR firm.
Quote from NH lawyer, who shall be unnamed: “Lots of guys from big law firms come up here to NH. They think they’re so smart, and NH folks are so stupid, that all they have to do is to play violins, hearts and flowers stuff. Well, NH juries can see right through that violin-playing hearts and flowers stuff!”