Bush campaign operative James Tobin of Bangor, Maine, arrives at U.S. District Court in Concord, N.H., Dec. 6, 2005, for trial on charges of helping jam Democrats get-out-the vote phone lines in New Hampshire on Election Day 2002. Democrats are scheduled to ask a federal judge Tuesday, April 11, 2006, to order GOP and White House officials to answer questions about the phone jamming in a civil lawsuit alleging voter fraud. (AP Photo/Jim Cole/File)
Key figures in a phone-jamming scheme designed to keep New Hampshire
Democrats from voting in 2002 had regular contact with the White House and Republican
Party as the plan was unfolding, phone records introduced in criminal court
The records show that Bush campaign operative James Tobin, who recently
was convicted in the case, made two dozen calls to the White House within a
three-day period around Election Day 2002 — as the phone jamming operation
was finalized, carried out and then abruptly shut down.
The national Republican Party, which paid millions in legal bills to defend Tobin,
says the contacts involved routine election business and that it was "preposterous"
to suggest the calls involved phone jamming.
The Justice Department has secured three convictions in the case but hasn't
accused any White House or national Republican officials of wrongdoing, nor
made any allegations suggesting party officials outside New Hampshire were involved.
The phone records of calls to the White House were exhibits in Tobin's trial
but prosecutors did not make them part of their case.
Democrats plan to ask a federal judge Tuesday to order GOP and White House
officials to answer questions about the phone jamming in a civil lawsuit alleging
Repeated hang-up calls that jammed telephone lines at a Democratic get-out-the-vote
center occurred in a Senate race in which Republican John Sununu defeated Democrat
Jeanne Shaheen, 51 percent to 46 percent, on Nov. 5, 2002.
Besides the conviction of Tobin, the Republicans' New England regional director,
prosecutors negotiated two plea bargains: one with a New Hampshire Republican
Party official and another with the owner of a telemarketing firm involved in
the scheme. The owner of the subcontractor firm whose employees made the hang-up
calls is under indictment.
The phone records show that most calls to the White House were from Tobin,
who became President Bush's presidential campaign chairman for the New England
region in 2004. Other calls from New Hampshire senatorial campaign offices to
the White House could have been made by a number of people.
A GOP campaign consultant in 2002, Jayne Millerick, made a 17-minute call to
the White House on Election Day, but said in an interview she did not recall
the subject. Millerick, who later became the New Hampshire GOP chairwoman, said
in an interview she did not learn of the jamming until after the election.
A Democratic analysis of phone records introduced at Tobin's criminal trial
show he made 115 outgoing calls — mostly to the same number in the White
House political affairs office — between Sept. 17 and Nov. 22, 2002. Two
dozen of the calls were made from 9:28 a.m. the day before the election through
2:17 a.m. the night after the voting.
There also were other calls between Republican officials during the period
that the scheme was hatched and canceled.
Prosecutors did not need the White House calls to convict Tobin and negotiate
the two guilty pleas.
Whatever the reason for not using the White House records, prosecutors "tried
a very narrow case," said Paul Twomey, who represented the Democratic Party
in the criminal and civil cases. The Justice Department did not say why the
White House records were not used.
The Democrats said in their civil case motion that they were entitled to know
the purpose of the calls to government offices "at the time of the planning
and implementation of the phone-jamming conspiracy ... and the timing of the
phone calls made by Mr. Tobin on Election Day."
While national Republican officials have said they deplore such operations,
the Republican National Committee said it paid for Tobin's defense because he
is a longtime supporter and told officials he had committed no crime.
By Nov. 4, 2002, the Monday before the election, an Idaho firm was hired to
make the hang-up calls. The Republican state chairman at the time, John Dowd,
said in an interview he learned of the scheme that day and tried to stop it.
Dowd, who blamed an aide for devising the scheme without his knowledge, contended
that the jamming began on Election Day despite his efforts. A police report
confirmed the Manchester Professional Fire Fighters Association reported the
hang-up calls began about 7:15 a.m. and continued for about two hours. The association
was offering rides to the polls.
Virtually all the calls to the White House went to the same number, which currently
rings inside the political affairs office. In 2002, White House political affairs
was led by now-RNC chairman Ken Mehlman. The White House declined to say which
staffer was assigned that phone number in 2002.
"As policy, we don't discuss ongoing legal proceedings within the courts,"
White House spokesman Ken Lisaius said.
Robert Kelner, a Washington lawyer representing the Republican National Committee
in the civil litigation, said there was no connection between the phone jamming
operation and the calls to the White House and party officials.
"On Election Day, as anybody involved in politics knows, there's a tremendous
volume of calls between political operatives in the field and political operatives
in Washington," Kelner said.
"If all you're pointing out is calls between Republican National Committee
regional political officials and the White House political office on Election
Day, you're pointing out nothing that hasn't been true on every Election Day,"