Shaun Hansen (co-owner of Mylo Enterprises the company that did the jamming) goes on trial this month, and depending how Mr. Hansen's lawyer defends him, there could BIG BOMBSHELLS!
Here is more info on the case:
http://en.wikipedia.org/wiki/2002_New_Hampshire_Senate_election_phone_jamming_scandal#Subsequent_developmentsThese are the possible defenses Mr. Hansen's lawyer may use, with the important one in bold:
* Entrapment: If Hansen uses this defense, he will "assert that the government, or an agent thereof, actually induced the offenses". If Hansen chooses the entrapment defense, Hansen "may present evidence that he, Lee Leblanc, and others associated with his now-defunct firm of Mylo Enterprises were induced to commit the offenses through assurances by Allen Raymond, Chris Cupit, and an unknown “attorney,” that certain acts that he and his business were contracted to perform in November 2002 were completely legal."
* Derivative Entrapment: A related option is a "derivative entrapment defense", where Hansen would assert that "the government uses a private party as its agent." In this case, Hansen would "assert that the private parties which the government used as its agents were Allen Raymond, Chris Cupit, GOP Marketplace LLC, and an unknown “attorney.”"
* Entrapment by Estoppel: If Hansen opted for a "entrapment by estoppel" defense, he would seek to convince a jury: "(1) that a government official or officials (Messrs. Raymond, Cupit, GOP Marketplace LLC, and an unknown “attorney”) told him the acts he was being asked to perform were legal; (2) that he relied on their advice; (3) that his reliance was reasonable; and (4) that, given the reliance, prosecution would be unfair."
* Good Faith: For a "good faith" defense, Hansen would "assert that he was acting in good faith in committing" the phone jamming, and that "he had been assured by Messrs. Allen Raymond, Chris Cupit, and an unknown “attorney,” that certain acts that he and his business partner and employees were contracted to perform in November 2002 were completely legal."
* Reliance Upon Advice of Counsel: Hansen could also "assert that he relied in good faith upon the advice of counsel in committing certain acts in November 2002." If he chooses this defense strategy, Hansen "will present evidence that he had been assured by Messrs. Allen Raymond and Chris Cupit that these acts had been vetted by an attorney and were completely legal." In addition, "he will present evidence that he and his business partner, Lee Leblanc, were parties to a conference call in which Messrs. Raymond and Cupit and an unknown “attorney” provided further assurances that the acts which they and their business were contracted to perform in November 2002 were completely legal."
* Public Authority: Finally, Hansen can chose a "public authority" defense, and "assert that his actions in this case were taken under color of public authority." If this defense strategy is chosen, Hansen will seek to prove that "a government official makes some statement or performs some act and the defendant relies on it, possibly mistakenly, and commits an offense in so doing." If this route is chosen, "Hansen may assert at trial that he and his business had performed services for GOP Marketplace in the past and, based on its name and the type of work the business had been contracted toperform, he reasonably assumed that GOP Marketplace was a governmental entity or at least that the activities that his business was being asked to perform had been approved in advance by the national Republican party. Mr. Hansen may also present evidence that he and his business partner, Mr. Leblanc, were assured by Messrs. Raymond and Cupit and an unknown “attorney”that the actions they were being asked to perform were legal." (It appears that if the "public authority" defense strategy is chosen, Hansen is planning to present evidence of communication between the NHRSC, James Tobin, and the White House.)We know that James Tobin (a co-conspirator in the plot, already convicted) repeatedly contacted the White House, which is not out of the ordinary for an election manager on election day, but what is out the ordinary is that some of the calls were RIGHT AFTER calls to Mylo Enterprises, the company that did the actual phone-jamming.
Stay tuned!
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