PORTLAND -- Lawyers for a former Republican official accused of taking part in a plot to jam Democratic phone lines in New Hampshire on Election Day 2002 says he's the victim of vindictive prosecution.

James Tobin's conviction on telephone harassment charges in New Hampshire was overturned by a federal appeals court, but he was charged in Maine in October with lying to federal agents.

In seeking dismissal of those charges, Tobin's lawyers said they could have been brought long ago but the federal government decided against it. The issue was resurrected, the defense contends, only because the prosecution's case against Tobin had come up empty.

"The government has devoted substantial resources to this prosecution, which has received much public attention," the defense said in a motion last week. "The case has lasted more than four years, required one trial and two appeals. But because Mr. Tobin committed no crime, the government has nothing but disappointment to show for its extensive efforts."

The government has until Jan. 9 to reply to the defense motions.

Tobin's trial is tentatively set for February before U.S. District Judge George Singal in Portland. If convicted of lying to federal agents, Tobin faces up to five years in prison and a fine of $250,000.

Justice Department prosecutors in Washington, D.C., declined comment on the claims raised by the defense, citing a policy that bars discussion of pending cases with the media. The firm handling Tobin's defense, which is being paid by the Republican National Committee, would not talk to reporters, and Tobin has steadfastly maintained his silence since he was linked to the phone-jamming plot four years ago.

Tobin, 48, of Bangor, was accused of helping to arrange more than 800 hang-up calls that jammed get-out-the-vote phone lines set up by the New Hampshire Democratic Party and a local firefighters' union.