Category Archives: John Edwards

“Could John Edwards have been charged with something else?”

Allen Dickerson writes at Campaigns & Elections.

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“The John Edwards trial: where it is; where it’s going”

MSNBC reports.

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“Edwards Trial Could Be New Blow to Campaign Finance System”

The National Journal reports.

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“John Edwards Trial Expected to Set Precedents for Campaign-Finance Law”

PBS News Hour reports.

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Brad Smith on John Edwards Prosecution

Here.

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Why It Probably Doesn’t Matter What Bunny Mellon Thought in John Edwards Trial

Via Political Wire comes this Walter Shapiro TNR piece suggesting the prosecution will prove the Bunny Mellon did not know about the Edwards affair when she gave the money to Edwards. Shapiro asks: “If Bunny Mellon did not know about the affair, how could her contributions be personal rather than political?”

But I don’t think that’s the right question.  Let’s suppose Mellon did not know.  Even if Mellon intended the money to help Edwards’ campaign, it is Edwards intent that matters here. As I explained in a Slate piece last year, under the murky law on what constitutes “personal use” of funds received during the course of a campaign, Edwards has at least a plausible argument his intent was to save his marriage and not to help his campaign.  (My more technical post on this issue is here.)

Further, it should be pointed out that even if the jury convicts, there’s a good chance the conviction won’t stand.  See Rick Pilde’s award-winning post, Why John Edwards Probably Did Not Commit A Crime, Regardless of His Motives or Those of The Donors.

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“6 Things to Watch for at John Edwards Trial”

Josh Gerstein reports for Politico.

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John Edwards, Tom DeLay, Don Siegelman and the Criminalization of Politics

My new Slate jurisprudence column begins: “If politics makes for strange bedfellows, so too it seems do political prosecutions.”

Another snippet:

It is no wonder then that liberals and conservatives have rallied around these politicians, despite the fact that most wouldn’t win any popularity contests. (Edwards was cheating on his wife while she had breast cancer, and then later lied about it on national television.) Each of these cases, which feature prosecutors relying on novel theories to criminally prosecute prominent political figures, raises two distinct dangers.

First, if the law is murky, prosecutors with a political agenda could use criminal prosecutions to take down their political enemies. Siegelman, Edwards, and DeLay each claimed that the prosecutions against them were politically motivated: Siegelman and Edwards blame Bush administration Justice Department prosecutors, while DeLay blames former Travis County District Attorney Ronnie Earle, a Democrat.

We don’t know whether these prosecutions were politically motivated or not, and of course each of these defendants has every incentive to make such claims. But the point is that when judges allow prosecutors to rely on novel legal theories in these sorts of cases, they open up the possibility of politically motivated prosecutions. Better to leave the criminal cases to clear violations of the law, such as Rep. Randy “Duke” Cunningham’s yacht bribe or Rep. William Jefferson’s $10,000 stash hidden in his freezer. If prosecutors can’t produce clear-cut charges, politicians and their campaigns should only face the potential for civil liability.

Second, even if prosecutors are well-meaning and looking out solely for the public interest, there’s a fundamental unfairness in subjecting politicians to criminal liability for uncertain violations of campaign finance law. The threat of criminal liability can ruin a political career. Look at the overreaching by federal prosecutors in the trial of Ted Stevens; the Justice Department’s attorneys were so hungry to get the Republican senator from Alaska, they withheld key exculpatory evidence from the defense.

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“High stakes for John Edwards as trial begins”

CBS News reports.

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John Edwards Trial Previews

NYT: Edwards Trial Set to Begin, Reopening a Story of a Derailed Political Career

Reuters: Former presidential hopeful John Edwards faces trial

CBS News: John Edwards Incredible Gamble

My Slate piece from last year on the Edwards charges is here. Tomorrow, I will have a broader Slate piece posting on the criminalization of politics.

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“The Questionable Prosecution of John Edwards”

National Review editorializes.

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“Regular folks vs. John Edwards; A jury is likely to weigh what Edwards did in the Rielle Hunter affair much more harshly than the Federal Election Commission”

Great Stephen Weissman oped in the LA Times. It concludes: “Whatever the verdict, the Edwards trial will highlight the need to remedy weak FEC campaign law enforcement, which now only encourages campaigns to push the envelope. There are long-standing proposals by campaign finance groups to revamp the commission. For these to move forward, however, leaders would have to lead. Sadly, no presidential candidate and no congressional heavyweight, Democratic or Republican, is even talking about this.”

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“Does The Case Against John Edwards Go Too Far?”

Excellent Carrie Johnson report for NPR.

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“John Edwards Faces Hometown Jury in Campaign Finance Trial”

Bloomberg News reports.

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“Defining Campaign Spending Is at Heart of Edwards Trial”

NYT reports.

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“John Edwards 2008 presidential campaign still spending, despite $2.1 million debt to taxpayers”

AP reports.

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“Citing medical condition, Edwards seeks delay in trial”

WRAL reports.

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“Judge: Former FEC members might testify for Edwards”

The Raleigh News & Observer reports.

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“Judge withholds decision on elections experts in Edwards case”

WRAL: “A federal judge said Friday that she wants to see how the case against former Democratic presidential contender John Edwards plays out before deciding whether to allow two potential defense witnesses to testify.”

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“John Edwards could win on experts issue”

Josh Gerstein: “At long last, John Edwards may finally have caught a break. While a federal court in North Carolina was considering the government’s motion to block his effort to call two campaign finance law experts to bolster his defense at his upcoming federal trial, the Fourth Circuit Court of Appeals (whose rulings are controlling in North Carolina) issued a ruling broadly affirming the role of legal experts in criminal trials. ‘Courts and commentators have consistently concluded that expert testimony that ordinarily might be excluded on the ground that it gives legal conclusions may nonetheless be admitted in cases that involve highly technical legal issues,’ a three-judge appellate panel wrote Tuesday in U.S. v. Offill (posted here).”

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“John Edwards’s lawyers defend calling campaign finance experts”

Josh Gerstein blogs.

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“Prosecutors try to keep former FEC chairmen from testifying in Edwards case”

News-Observer:“Federal prosecutors in the John Edwards case are trying to prevent two former Federal Elections Commission chairmen from testifying as expert witnesses in the criminal case against the former presidential candidate. In a document filed in federal court Monday, prosecutors contend that Scott Thomas and Robert Lenhard, former FEC chairmen who have raised questions about the prosecution’s definition of campaign contributions, should not be classified as expert witnesses. Prosecutors contend that what the two men would offer are legal conclusions that would usurp the authority of the judge, the trial court’s ‘own legal expert.’”

I am called fairly often by attorneys looking to retain me as an expert and I generally tell them the same thing: the judge is the expert on the law.  Election law specialists generally can be more useful as co-counsel than as designated experts.

That said, it seems the FEC Commissioners might be doing something different than testifying as to how to correctly understand the law: they could be testifying as to the understanding at the FEC of the laws and regulations on personal funds and contributions at the time of the Edwards payments.  This could go toward Edwards’ possible mental state at his trial.  I think we’d need to know more about the nature of the testimony and its relation to the charges to know if the government is right here.

Thanks to Jason Abel for the pointer.

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“John Edwards’s Trial Will Showcase a Novel Defense”

Newsweek reports.

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Rick Pildes ELB Guest Blog Post on John Edwards Case Chosen as One of the Best Legal Blog Postings of the Last Year

Details here. Congratulations Rick!

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“John Edwards charges won’t be dropped by judge”

Politico reports (includes comments on the case from Jan Baran).

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John Edwards to Trial? Maybe not.

John Edwards, putting the best face on a big loss, says he wants his day in court.  According to a Raleigh News & Observerarticle, the trial judge, while rejecting the motion to dismiss, “noted that some of the defense team’s arguments had merit that would be better decided at trial.”

For reasons noted in this Slate piece, I think Edwards ultimately has a good chance of prevailing on his argument.  (Rick Pildes–in an award winning post (to be featured in The Green Bag)– believes Edwards’ defense case is even stronger.)

My question for criminal procedure folks is the availability/wisdom of seeking some kind of interlocutory review of the legal question before trial in the 4th Circuit.  I know nothing on the criminal side of things, so I would welcome some education on this question.

Edwards doesn’t really want to go to trial, because jurors have reasons to hate him unrelated to his crime.  Can he avoid it through an interlocutory appeal?

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Breaking News: John Edwards Loses His Motions to Get Case Dismissed

See here.  I’ll be very interested to see the judge’s reasoning.

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“Edwards Fights Campaign Finance Case”

NYT reports.

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“John Edwards, his attorneys deny conflicts of interest”

Josh Gerstein blogs.

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“Defense says Obama team didn’t stand up for John Edwards”

Interesting Gerstein report.

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“John Edwards’s Lawyers: Prosecution is Political”

Josh Gerstein has the scoop, and the docs.

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No deadlock here

The FEC agrees unanimously with the audit report, ordering John Edwards’ campaign to repay $ 2.3 million to the Treasury (he’s reported to have had $ 2.6 million cash on hand as of June 30).

Every little bit helps the budget, right?

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“FEC Audit Report Says Edwards Campaign Should Repay $2.4 Million in Public Funds”

BNA’s report (subscription required) begins:

“The 2008 presidential campaign of former Sen. John Edwards (D-N.C.) should have to repay over $2.4 million to the U.S. treasury from the federal matching funds the campaign received, according to a draft audit report set to be considered by the Federal Election Commission July 21.

The draft report by FEC staff auditors was included on an agenda of items to be discussed at the commission’s next open meeting July 21.”

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“John Edwards Sought Millions From Heiress as Feds Closed In – ABC News Exclusive”

See, he’s not a candidate anymore and he still wants Mellon’s millions!  Maybe he wants to show the earlier money was not a contribution.

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“John Edwards: The Jerk, the Felony, and the Trouble With Transparency”

Mark Schmitt has written this piece for The New Republic.

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“John Edwards is Not a Criminal”

Steve Simpson has written this WSJ oped, which quotes my Slate commentary on the Edwards prosecution.

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“Elite Justice team walks prosecutorial tightrope”

WaPo reports on the Edwards prosecution decision.

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