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Edwards’ team seeks dismissal of charges

Thursday, October 27, 2011
(Updated 11:29 am)

— Former presidential candidate John Edwards could get an inkling today whether he’ll eventually face trial on criminal charges stemming from efforts to conceal an extramarital affair during his campaign for the 2008 nomination.

Edwards, his lawyers and federal prosecutors will return this morning to a third-floor courtroom in the Preyer Federal Building, where they spent about six hours Wednesday disputing whether the U.S. government acted properly in charging him with conspiracy to accept illicit campaign contributions.

U.S. District Judge Catherine C. Eagles said before adjourning Wednesday evening that she planned to “see what I can take care of and what might need more time” when the hearing resumes at 10 a.m.

Edwards’ lawyer Abbe Lowell of Washington said afterward that with numerous motions pending, the judge could rule on some issues and leave others for later.

“She clearly has stuff she wants to consider,” said Lowell, referring to the five defense motions seeking dismissal of the charges before they go to trial.

Edwards is scheduled for trial in January on charges he conspired with a campaign aide in persuading two wealthy political donors to provide nearly $1 million in hush money to conceal his pregnant mistress in 2007 and early 2008.

Edwards sat quietly at the defense table beside Lowell and several other defense lawyers. The former rising star in the national political firmament drew few spectators to the daylong proceedings focused on technicalities of campaign-finance law.

About 25 people watched at various times, many of them broadcast and print journalists.

Clad in a dark suit and red tie, former U.S. Sen. Edwards declined to comment after the hearing. But as he left the courthouse later, he attracted notice from a group of Occupy Greensboro protesters marching across the street. One man with a bullhorn called the former candidate, who made his fortune as a personal injury lawyer, a “washed-up capitalist.”

“I’m not a washed-up anything,” Edwards said.

Lowell argued during the lengthy hearing that in charging Edwards, prosecutors distorted campaign finance laws by miscasting as political donations the payments to former mistress Rielle Hunter by Edwards’ wealthy friends.

The money went to her from Edwards’ 2008 national campaign finance chairman, Texas lawyer Fred Baron, and millionaire donor Bunny Mellon. Each already had given Edwards the maximum $2,300 individual campaign contribution allowed by law.

Edwards didn’t know about the checks, cash and private jets they provided to Hunter, Lowell claimed. But even if Edwards had known, he would not have broken campaign laws, which aim to prevent donors from improperly influencing elections .

“Criminal laws are supposed to be written on the desks of Congress,” Lowell said. “They’re not supposed to be written on the desks of prosecutors.”

Among other arguments seeking dismissal, Lowell claimed the charges against Democrat Edwards stemmed from “an abuse of discretion” because parts of the Edwards investigation involved George Holding, a Republican appointee who was then the U.S. Attorney for North Carolina’s Eastern District and who made political contributions to some of Edwards’ political foes.

Assistant U.S. Attorneys David Harbach, Robert Higdon and Justin Shur countered that the criticism was groundless. Many other prosecutors were heavily involved in the Edwards investigation, the case was carefully screened by the Justice Department’s public integrity section, and Edwards’ lawyers sat in on many pre-indictment review sessions, Higdon said.

Fellow prosecutor Harbach suggested that Lowell and the rest of Edwards’ defense team wrongly portrayed what is really a simple, straightforward case as full of complexity.

“We have a candidate who asked two donors for money,” Harbach said. “That candidate doesn’t insulate himself from responsibility because someone else cashes the checks.”

Part of Wednesday’s hearing took place behind closed doors because it covered secret proceedings of the grand jury that indicted Edwards .

Eagles made one ruling in the case Wednesday, deciding that Lowell could continue to represent Edwards in the case despite the prosecutors’ concern that the Washington lawyer previously had advised two potential witnesses in the case when they testified to the grand jury.

The judge approved Lowell’s continuation after making sure that Edwards understood the conflict could affect some aspects of Lowell’s role in any potential trial.

The Associated Press contributed to this report.

Contact Taft Wireback at 373-7100 or taft.wireback@news-record.com

Accompanying Photos

Jerry Wolford (News & Record)

Photo Caption: Former U.S. Sen. John Edwards outside U.S. District Court in Greensboro with his attorney Abbe Lowell.

Comments

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Get A Clue

October 27, 2011 - 7:02 am EDT

“I’m not a washed-up anything,” Edwards said.

Oh, yes you are. You're a shame, an embarrassment, a hypocrite and a crook. Prison is exactly where you belong.

nemo0037

October 27, 2011 - 11:32 am EDT

It's a shame that this guy strayed from his stated principles. Had he stuck with his election promises, he'd have had a great future. He was smart enough to see the danger, but his hormones sure made him way too stupid to survive. Jail for him? Sure sounds like it. Sad. Such potential wasted.

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