A quick guide to the John Edwards trial

GREENSBORO, N.C. — If you're just tuning (back) in to the federal prosecution of John Edwards on charges stemming from $900,000-plus in payments from two Edwards political supporters to his mistress, Rielle Hunter, here's what's going on:


Hampton Dellinger

Hampton Dellinger, a litigation partner with Robinson Bradshaw & Hinson of Charlotte and Chapel Hil, N.C., is former deputy attorney general of North Carolina and has taught election law at Duke University Law School. In 2008, he sought the Democratic nomination for lieutenant governor.


Who
• Defendant Johnny Reid Edwards (a Democrat and arguably the most famous lawyer to face a criminal trial since Clarence Darrow). U.S. senator from North Carolina from 1999 to 2005. John Kerry's running mate in 2004. One state away (Ohio) from being vice president of the United States.

• Edwards' lawyers: Washington-based Abbe Lowell, aided by North Carolina litigators Allison Van Laningham and Alan Duncan.

• The prosecutors: David Harbach of the Justice Department's Public Integrity Section and Robert Higdon Jr., a longtime federal prosecutor based in North Carolina.

Why
According to the arrest warrant (.pdf) and the indictment (.pdf), the financial support for Edwards' mistress constituted unreported, excessive and, thus, illegal campaign donations. Prosecutors say Edwards bears criminal responsibility for his role in the arrangement.

When
Money from two Edwards supporters — Fred Baron and Rachel "Bunny" Mellon — was used for the travel and living expenses of Hunter (as well as of political aide Andrew Young and his family) in 2007 and 2008 while Edwards was seeking the Democratic nomination for president. Edwards was indicted in June 2011. Jury selection started in April. Opening arguments were to begin Monday.

Where
U.S. District Court in Greensboro, N.C., on the third floor of the 80-year-old federal courthouse on Market Street).

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Former Democratic presidential candidate, John Edwards, has faced public and private challenges throughout his life and career.

The Stakes
Edwards faces six felony counts (five of accepting excessive contributions, one of filing a false report with the Federal Election Commission), each of which carries a maximum sentence of five years in prison and a $250,000 fine. As for the government, this is the highest-profile case for the Public Integrity Section since the bungled prosecution of the late Sen. Ted Stevens, R-Alaska, in 2008.

The Arguments
In pretrial motions, Edwards complained about being tried for activity (money transferred from third parties to third parties) for which no one before has ever faced election law-related criminal charges and about alleged bias on the part of the prosecutor — who drove the investigation and indictment and then stepped down to run for Congress. Prosecutors disputed both claims, and the judge ruled in the government's favor. You can read Edwards's arguments here (.pdf) and here (.pdf) and the government's responses here (.pdf) and here (.pdf). In mid-April, the sides summarized their arguments in trial briefs; the defense's are here (.pdf), and the prosecution's are here (.pdf).

The Judge
U.S. District Judge Catherine Eagles spent a dozen years in private practice and 17 years as a state trial judge before being appointed to the federal bench by President Barack Obama in 2010.

The Jury

We won't know the demographics of the 12 jurors and the four alternates until the trial starts Monday, but extensive efforts have been made to find a fair and impartial group. A lengthy questionnaire followed by days of individual questioning resulted in Eagles' narrowing the initial 185-person pool to 42, all of whom she believes can be fair to Edwards and to the government. Each side is now set to exercise its peremptory challenges, meaning it can strike potential jurors without giving a reason.

Want to read more? Hampton Dellinger previewed the trial for The Atlantic:

Why the John Edwards Trial Is a Bigger Deal Than You Think

He has previously blogged about the trial for WTVD-TV of Raleigh-Durham, N.C.

An index identifying every legal motion and summarizing every court ruling from the indictment until the eve of trial is here (.pdf).

Discuss this post

My My, that slut on the side can get costly!

  • 2 votes
Reply#1 - Sun Apr 22, 2012 10:31 PM EDT

Proven again and again> Keep it in you trousers and avoid the arousers.

    Reply#2 - Sun Apr 22, 2012 11:07 PM EDT

    Too many men let the little head do the thinking for the big head. At least that is in my case.LOL

    • 1 vote
    Reply#3 - Sun Apr 22, 2012 11:12 PM EDT

    roc . Just because she is looking for love does not make a Woman a slut. Otherwise many men should have the title of slut.

      Reply#4 - Sun Apr 22, 2012 11:16 PM EDT

      I agree on one point there, the man that cheats is no better A Pig. Call me a little old fashioned but I believe in being faithful to ones marriage. If the person on the side knows your married well then they are not any better than the one who is doing the cheating. I was just making a reference to what it is going to cost him now because of his little escape, let alone fathering a child.

        #4.1 - Mon Apr 23, 2012 6:59 AM EDT
        Reply

        Interestingly, the number of Republicans that have done the same thing and NOT been indicted is telling. Can you say Sanford, Ensen?

        Women that sleep with married men are sluts. Men that are married and sleep with these sluts are pigs. Just my opinion.

          Reply#5 - Mon Apr 23, 2012 12:33 AM EDT

          Yeah, we can say "Ensen" -- can you spell ENSIGN? #FAIL!

          Stay In School!!!

            #5.1 - Mon Apr 23, 2012 1:04 AM EDT

            Yes Bill, it is just your opinion. I love sluts and sleep with them whenever I can.

              #5.2 - Mon Apr 23, 2012 10:30 AM EDT
              Reply

              How do they know what the money was givin to him for?

                Reply#6 - Mon Apr 23, 2012 8:15 AM EDT

                They are trying to railroad this guy.

                  Reply#7 - Mon Apr 23, 2012 10:29 AM EDT

                  I find it very interesting that when those on the right do this, the child is considered to be "illegitimate"; but from those on the left (ie...Edwards, Jessie Jackson) they are viewed at a "love child." Many keep calling Edwards a pig and it's the pigs who should be most upset about that! Let's not forget that this was the Edwards who stood in front of the news cameras with his wife and lied to everyone as he proclaimed his love for his family. It's plain to see that Edwards has the sense of entitlement to do what ever he wants because of who he is, just like someone else who lied to get into the highest office.

                    Reply#8 - Mon Apr 23, 2012 11:20 AM EDT

                    It appears to me that the guy Young is nothing but greedy indiviual trying to take advantage of situation to enrich himself. He collected $1.2 millions and pocket $1 million. Not even half of one third of the money, he pocketed 80% of the money suppossedly for Hunter. I wonder if this guy have any soul. He even wrote a book to make more money and trying to expose Edward. What a moron!!! Smart people make mistake too, but to take advantage of the situation this way is a travesty. To me Edward made mistake that anybody can make under any circumstances. He did not deserve to be persecuted like this.

                      Reply#9 - Sat Apr 28, 2012 2:13 AM EDT

                      JOB REQUIREMENTS FOR A POLITICIAN

                      #1) Must be a narcissistic sociopath. You have to be in order to want to go into politics in the first place.

                      #2) Must be able to change your stance/opinion in a heartbeat if it becomes apparent that it will get you more votes.

                      #3) Must be able to make extravagant promises and readily be able to lie in order to get money/votes.

                      #4) Be very good at being deceitful and putting spins on the truth. Also at making situations seem better (or worse) than they are in order to get out of undesirable circumstances.

                      #5) Must be currently very wealthy or else you will not even be considered.

                      #6) Be able to dissociate with current issues/problems facing the country such as poverty, unemployment, and anything else that would require a major change in politics.

                      #7) Most Importantly, be able to successfully trick people into following you by creating divisions such as differing political parties, social status, religious views, economics, racism and the like in order to create followings where people will never suspect that you are behind it all.

                        Reply#10 - Tue May 1, 2012 12:08 AM EDT

                        Guys don't get married...you can have all the kids that you want with you paying child support and all the women that you like ha ha ..50/50 deal the safest for everybody. Earnings should be pretty close on both sides. Marriage don't have existence no more like it used to

                          Reply#11 - Thu May 31, 2012 7:31 PM EDT
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