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Dick and Ed and the NH Phone-Jamming

Now that we know that Dick Cheney’s lawyer was working DOJ to make sure that James Tobin would not be indicted until after the 2004 election, it’s probably worth returning to another few aspects of this story that involve the White House.

First, recall that the RNC paid for Tobin’s legal bills–to the tune of $3 million, most of that to Cheney’s lawyer’s firm.

The Republican National Committee, in turn, has paid $3 million in legal fees in criminal and civil cases growing out of the controversy. The RNC has paid at least $2.8 million to Williams & Connolly and other firms for Tobin’s defense, and about $150,000 to Covington & Burling to defend the RNC in a civil suit brought by the New Hampshire Democratic Party.

The RNC’s legal fees exceed the $2.4 million spent by Sununu, the winner of the U.S. Senate race.

Also recall that the NH GOP was on the phone with the White House just as the phone-jamming scandal was blowing up in its face.

Most tantalizingly to Democrats, evidence filed in Tobin’s trial in December shows 22 phone calls from Tobin to the White House between 11:20 a.m. Election Day, two hours after the phone jamming was shut down, and 2:17 a.m. the next day, four hours after the outcome of the election was announced.

Obviously, both details would seem to point to direct White House involvement. But conveniently for the White House, Ed Gillespie hid the White House’s direct involvement by claiming he made the decision to have the RNC pay Tobin’s bills.

Former RNC chairman Ed Gillespie decided to pay Tobin’s legal fees. "He was accused of doing something in his capacity as an RNC consultant, and we believed him to be innocent," Gillespie said. While the RNC had no contractual obligation, "it’s the custom, not written anywhere, that you covered your people," Gillespie said.

Gillespie said he informed the White House, but did not seek formal approval, before authorizing the payments. Mehlman said that under his chairmanship, consulting contracts now explicitly declare that independent contractors must be prepared to pay their own legal costs in civil and criminal cases.

Though, the New Hampshire Union Leader (from their paid archives; story date is May 19, 2006) notes that Gillespie’s story about whether he informed the White House before or after he authorized the payments changed a bit. Read more