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Subscribe to RSSJohn Edwards' defense team asked jurors to distinguish between a sin and a felony, attempting to pick apart the government's case against him. NBC's Lisa Myers reports from Greensboro, N.C.
Updated at 6:46 p.m. ET: John Edwards' fate is now in the hands of 12 anonymous jurors who will begin wading Friday through three weeks of at-times emotional, dramatic and intricate testimony about the former presidential candidate's affair with Rielle Hunter.
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Lisa Myers of NBC News and Ben Thompson of NBC station WCNC of Charlotte, N.C. contributed to this report by M. Alex Johnson of msnbc.com. Follow M. Alex Johnson on Twitter and Facebook. |
Edwards is charged in U.S. District Court in Greensboro, N.C., with six felony counts of accepting about $1 million in unreported campaign donations from two wealthy supporters at a time when election law limited individual donations to a candidate to $2,300.
Deliberations begin Friday morning after a day of closing arguments in which attorneys for both sides painted Edwards as a liar and a bad husband. Where they differed was over whether the scheme to hide his affair amounted to a crime.
"As many are his moral wrongs," none of Edwards' misdeeds was "a legal one," lead defense attorney Abbe Lowell said in his closing argument. Drawing a comparison with the chief prosecution witness, Lowell said: "John's conduct is shameful, but it's human. Andrew Young's lies on the stand and the government sponsoring those lies is worse."
Prosecutors alleged in their closing argument that Edwards manipulated the campaign finance system to hide his affair with Hunter, a videographer on his 2008 presidential campaign staff.
He "clearly knew the law and decided to violate it in order to salvage his campaign," Assistant U.S. Attorney Robert Higdon said, accusing Edwards, a former U.S. senator from North Carolina, of cynically seeking to "hide Hunter and keep her quiet" until the 2008 presidential election was over "and his wife (had) passed away."
Elizabeth Edwards died of cancer in December 2010.
Higdon traced the cover-up to early 2006, 10 months before Edwards announced his presidential campaign in North Carolina in December 2006. Both Hunter and Elizabeth Edwards were in the audience that day, but the "seeds of destruction" were sewn earlier that year when John Edwards and his top aide, Andrew Young, hatched plans to make sure "the public would never find out" about the affair, he said.
Higdon said that for the next two years, Edwards manipulated Young — the prosecution's star witness — to extract money from billionaire heiress Rachel "Bunny" Mellon and Fred Baron, the campaign's finance director, to keep Hunter out of sight as he ran for the White House.
He accused Edwards of having abandoned his own campaign rhetoric, which sought to bridge what he called "the two Americas" — the rich and the poor — saying Edwards "had no problem separating the two Americas when it served his purpose."
But Lowell contended that the government was seeking to criminalize misbehavior in a marriage, saying, "If what John Edwards did is a federal crime, we better build a lot more courthouses and jails."
The defense argues that Edwards didn't know what the contributions were intended for and that because they were used to conceal the affair with Hunter — not to pay for election expenses — they didn't constitute campaign contributions subject to regulation under the Federal Election Campaign Act of 1971 (.pdf).
What Edwards was "consciously trying to avoid was not the law, but his wife, whom he had damaged and damaged and damaged," Lowell said.
Lowell attacked Young as an embittered ex-admirer of Edwards out to make a quick buck by peddling a book about the affair. Young also pocketed most of the money the government claims was given to hide Hunter, he said, using some of it to build a $1.6 million home for himself and his family.
Former Democratic presidential candidate John Edwards has faced public and private challenges throughout his life and career.
"You'd run out of paper in your notebooks" writing down all the times Young lied, Lowell said.
In the government's rebuttal late Thursday afternoon, the chief prosecutor, David Harbach II of the Justice Department's Public Integrity Section, essentially threw Young under the bus, saying his testimony had to be true because "he's not very smart" and couldn't have dreamed up the story on his own.
"This guy is a criminal mastermind? Andrew Young? That's nonsense," Harbach said.
Acknowledging that Young had lied in the past and had kept much of the money for himself, Harbach asked, "If Andrew Young could say anything to help the government's case, don't you think he could have done a better job?"
'The' vs. 'a'
The heart of the precedent-setting case is a phrase in the 1971 election law means more than it says on its face.
The law declares that contributions are illegal if they are made "for the purpose of influencing any election for federal office."
The most important word is "the." Edwards' lawyers say it means just that — that the jury must find that Edwards conspired to accept illegal contributions solely to help his presidential election campaign.
The government, by contrast, argues that it can be read to mean "a purpose," contending that the contributions were illegal if Edwards used the money not just to influence the election but also for other purposes, such as sparing his wife the humiliation of the affair.
"No jury has ever been asked to do this before — assess money to cover up an affair to see whether it's a campaign violation," said Hampton Dellinger, a legal analyst for NBC News and msnbc.com. "So we're in uncharted territory."
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A politician tried to hide an affair with another woman during an election -- WOW, what a shock!!! I'll bet that kind of thing never happened before!!! <sarc> What kind of argument uses such an obvious "DUHHHHH!!!" statement and hope to win?
One part of me wants John Edwards to go to jail. However, based on the evidence this guy did nothing wrong. I wonder how much money has been wasted on this trial. At this point, I hope they find him innocent so the informed public can help make the point to the government lawyers that this type of prosecution is a total waste of time and money to everyone involved. We really do need to rub $hit on the prosecutors involved in this case, they proved nothing other then they know how to waste tax dollars.
I think that Edward's decision to rest his case was a smart move. If the jury comes back 'not guilty', then it's over, but if they come back 'guilty', then they have a great basis for an appeal and retrial, since the judge refused to allow testimony that the Federal Elections Commission had determined that the money was NOT campaign contributions - which totally negates the government's case.
We'll soon see.
I'm sure many of JE's supporters are deeply disappointed, angry & even horrified. Here we had a candidate with an incredible message about the growing tyranny of corporatocracy, and we find out that he used the tools of oligarchy to conceal his own bad behavior. The deception and betrayal, not only to his wife but also his supporters, is unforgivable. Despite the presence of corporate donations, there are millions of people who pony up whatever they have for a candidate. To take that money and time from supporters is simply treachery.
The jury decision will no doubt rule on a technicality. But Edwards violated the spirit of the law by running a campaign that was nothing but a Scam.
Yeah Edwards is a douche but broke no law per FEC, amazing how the prosector can still charge him with breaking it anyways.
Just another victim of politics. Edwards will be a right wing talking point forever.
Gingrich? Why, he's an outstanding citizen and patriot of the United States, of course.
Sh*t he is a liar, thief and a politician; definitely a criminal by description and practice.
I think we can all agree his conduct was shameful. Despite what the lawyer says, the jury gets to decide if it was illegal.
Our election laws are a farce. Why so much money to run for office? And too much wiggle room to pull the kind of crap Edwards pulled weather it is determined legal or not. Each candidate should only be allowed a certain amount and the campaign time drastically reduced much like France allows. This would spare us to have to listen to a lot of BS.
If what Edwards did - moving money around - is not deemed illegal, then it is long past time that the laws governing campaign contributions and other "gifts" to politicians were tightened up. However, the chances of Congress ever making the TROUGH rules stricter are pretty near zero, even SCOTUS want trough access to be unregulated (for themselves).
As much as I cannot stand John Edwards, he is being railroaded buy his aide. The government gave his aid and the aides wife immunity for testifying against John Edwards, but they are the ones who accepted and spent the money on a lavish lifestyle by building a house, taking trips and buying cars. I think the government is prosecuting the wrong people by all the evidence made public. I am also sure that John Edwards is not foolish enough to use campaign money and no doubt he has access to personal bank accounts that only he knew about in order to try and keep this a secret from his wife. Having an affair along with a child as a result of that affair plus lying about is despicable and immoral but not a criminal offence.
No one is surprised there's a personal mess here, but it's not why he's on trial. I don't understand how you can think this trial is about his cheating. IT IS NOT. If the man had just used his own money to hide everything, he wouldn't be in court today. And if the defense says these funds were not used to alter the election, then I would ask did Bunny Mellon just give him this money out of the goodness of her heart? Do you think she had a stake in John Edwards' marriage? People complain all the time about how dirty Washington is, and now this issue is being tried, the taxpayer gets a chance to do some clean-up, and all of a sudden it's a waste of taxpayer's money. Hunh?
He will look dirty for life, no matter if he is guilty or not. He lied to everybody, and nobody believes him now. Not even his close friends.
Here's a question to ponder: If a person is a candidate for high office and accepts any money for any purpose from someone else during his candidacy, can that $ be deemed a campaign contribution? (In this case, Edwards didn't even accept the money himself, Andrews did.) Even if it doesn't pay any staff salaries, any advertisement expenses, any travel costs? You see the big mudpit we have here - some people have that kind of money running through their lives all the time; is it all grist for the mill, or can we draw the line at money actually used in the campaign? I think we the people should finance our elections and outlaw all contributions to a campaign, period. It would be a small price to pay to get clear of this cr@p, and just think, we could limit campaign season to six months prior to an actual election: skip a year of the dinner-time phone calls, the nasstee ads, the smears, the legislative posturing, not to mention the gawdawful windfall to the telecommunications industry.
Let the IRS get hold of both of these men, both Young and Edwards.
How can politics be honorable when the policians make the laws to protect themselves? Campaign money should be put into an escrow account and distributed by a third party business. Thus we have created a new sideline business for those unemployed to make some money. And of course they would be bonded and insured to do such a business.
The bottom line is: he was running for President, he shacked up with this shameless cougar, she didn't bother to use birth control and they made a child. Had he not been running for president would his backers have paid to hide this slut? Stop and think what he did...he betrayed the woman who loved him most, Elizabeth, and because he was running for President us. I cry everytime I think about what Elizabeth Edwards went through while she was fighting for her life. I pray she has peace. I don't know what punishment is correct but I pray that Elizabeth has peace and her children can live down their father.
Soooo GLAD this guy never got elected, nor will ever get elected President. He is such a damn fool.
How did this case make it to trial?
Yup, because he is and always was a scum bag! Should breath his air through bars in a prison. This type of person is despicable and will lie about anything, and that, is what his challenges throughout his life were. He is a liar and a cheat and to make it worse, a thief of funds in-trusted to him by even more stupid people than he is.
We the Jury found Johnless Edwards guilty!
according to his lawyers, Edwards is legally shameful.
The only way he could make a woman scream twice during sex is if put it in her butt then wiped it on the curtains.
absolutely hilarious
This trial has been a total waste of time. The GOP is wasting money. Adultery is almost a way of life in the United States. John joined the crowd. I felted sorry for his wife before she passed away, but 99.999 percent of men will cheat if given an opportunity, and try not to get caught.
I must be that .001 %
Actually the reason people aren't making a big deal of it is because it was a democrat who did it. If it had been a republican, you guys would all start the talk about hypocritical family values, etc. So does that mean that the democratic party is the party that just doesn't care?
Where are all the democrats on this?
Unhappy - I think the difference is that Democrats don't claim to be the party of moral purity and family values. But remember, we're not trying the man on whether or not he's a scumbag, we're trying him on whether or not he used campaign funds for his mistress. And I don't think he did.
So who paid the gift tax on the million?
I guess I would be considered a democrat and i think this whole thing is a sham. The man tried to cheat the system and failed miserably. Instead of fessing up and accepting responsibility, he is dragging his own name further into the dirt. Personally, I find most politicians despicable. The fact that his defense is trying to use the argument that the law says "the" and isn't more general is absurd. He broker the effing law, got caught, and now needs to spend some time in jail like any other normal criminal.
Unhappy, Man was caught with his pants literally around his ankles and is guilty of a huge moral lapse. That said since he is out of politics what exactly do you want from the Dems. As far as I know there is no law that stops him from having someone else pay for his girlfriend.
So taking that much money and using it illegally is ok with you? That is what you expect out of Lawmakers? You think this is about GOP versus Democrats? I thought Edwards was a Republican years ago..and I was born right down the road from his home.
This is not about the affair, its about violated Campaign laws. Its just icing on the cake that he was immoral.
Not to mention Woman have affairs also.
@ Unhappy-1583758
Wow, way to miss the point!
The trial is on Edwards possibly using campaign funds to buy off the crazy-woman that he was banging behind the back of his dying wife. Turns out campaign funds aren't meant for that.
The reason why this is doubly such a major issue is that Edwards was the DNC frontrunner for VP of the US!
Dem or Rep, if you're corrupt, I want you behind bars!
ghettoforever "This trial has been a total waste of time. The GOP is wasting money."
I guess you're a little bit confused - It was a Democratic administration that decided to prosecute the case.
Ghetto'sforevers quote "but 99.999 percent of men will cheat if given an opportunity, and try not to get caught"
That is so laughable, and is truly pathetic. I guess that what's living in the ghetto your whole life brings on such revelations. I have been married (only once) and I married at age 29, after my days as a single man. I have never cheated on my wife, here's an amazing fact, not all men cheat on their wives. I feel really sorry that you think so lowly of men. Real men love and respect their wives, sorry that you don't get out enough to realize that. Just like women, some men are cheaters, but 99.9%, your living in a dream world. And getting "caught" has nothing to do with it, it's called your "word". When I got married I meant what I said, my vows mean something, there not just words, and if you don't realize that "love" and "loyalty" are all there really is in this crazy world, I feel doubly sorry for you.
It's not about infidelity.
It's about the lies, deceit and the coverup.
Oh, and using campaign dollars for his little trysts.
ghettoforever - you are a fool for making a statement that the GOP is sponsoring this action. Not sure of your life style and the environment you grew up in, but I am confident that less than 10 percent of men cheat. Turn yourself in for drug testing.
Christ people the FEC says he broke no campaign law, read the effing article morons.
That's just pure Bull$hit!! ghettoforever, where the hell did you come up with your facts? Pulled them from thin air...
Just a little off with the estimate. The number is 20 - 25% of men will ever cheat on their wives.
ah falconear....John ran part of his campaign on family values,"Edwards believes that the way we strengthen America is to have a government that honors our values. Edwards understands that hard work, responsibility, faith, and family are the values that built America, and they are the values we should rely on to shape our future. Edwards' plan offers real solutions for America."
From his campaign booklet.
And ghettoforeer, is looking for justification of his own behaviour in numbers.
btw ghetto..it's not the gop doing this..its the DOJ (Eric Holder)
Seriously... No Really: Actually I didn't miss the point at all. If this had been a republican candidate, the comments would have been in the late hundreds or thousands mark by now. But what do you expect when this site is mostly ruled by democrats?
Falconear: Apparently only you and the eight people who voted with you think that!
Can I mention "Governer of South Carolina" for your republican, using state funds for trip abroad to see his mistress.
Well if we are going to play that game, then you should know about Governor Patterson of NY ( also a democrat), who used state funds for his mistress as well.
Been There - obviously no one paid the gift tax or reported the gift to the IRS. If they had, it would have taken about five seconds to prove the intent was a gift and not a campaign contribution.
Sorry Unhappy, but we could go rounds all night and as I see it both party's donate dishonor and we should hold them all responsible. Totally discharge them for theft, lying, and name calling. The Newsvine has more rules to keep people honorable than our politics.
Don't deflect, Edwards is a scum and was Obama's choice to be VP before this all started. Makes you question the Messiah's judgements (seriously, Newsweek?, nice job with the cover)
Speaking as a man, I never could understand why we have a certain lot of our sex that is only concerned with how many notches they can get on their bedpost. I’m 47 years old and proud to say I’ve never cheated on a woman. Lol…I’ve even had men make fun of me over this fact.
I would be tasting a lie if I said I’ve not had the chance, but dammit guys, how many temptations do we face a day and know better not to follow thru on? To those that cheat, you get what you got coming in my opinion. That goes for the ladies as well.
So he should go to jail because hes a ahole? Per the FEC he broke no law so yeah lets start down this road and get ready to jail everyone, here comes the jobs.
So what is "the" definition of "the"?
And why the hell is the government wasting our tax money on this politically motivated prosecution?
That all depends on the definition of "is". ;)
Because it wasn't like a $5000 donation, why didn't she just send the check to a super pac. The million was to help him get elected and do favors for her. Sick of politics - and was this as big of waste as the Steroids crap?
I don't believe this is politically motivated trial. Prosecution is weak, but pushes like it has a point to prove. This circus sounds like its personal. I think John Edwards truly pissed someone off and they are not going to let up till blood is spilled. No facts, just an opinion.
Make a plea deal. Drop the charges if he agrees to marry his crazy mistress, without a prenup of course. Let the punishment fit the crime ! Put up with her, or be broke.
For those of you concerned about a former candidate's affiar...may I draw your attention to the like of David Vitter of LA, a sitting senator who trampled all over his marriage vows and then lied about it until caught...
Yes, Rick...and let's not forget Thomas Jefferson, Franklin Roosevelt, Dwight Eisenhower and John Kennedy...OR their mistresses. I mean, powerful men have mistresses, that's how it has always been.
I love you Cassandra please marry me.
Cassandra85's quote "I mean, powerful men have mistresses, that's how it has always been"
That's a load of bull. I know plenty of powerful men, hell I used to have 280 people working for me, and I count only a fraction of the men I have known in business that "cheat" on their wives. Most powerful men I know love their wives and honor them with loyalty. You people watch to much TV, and buy this junk their selling. Yes men cheat, women cheat to, it takes two to tango, but "powerful men" don't cheat anymore than any other men, maybe less than poor men. That's just a made up "opinion" based on a load of garbage. Yeah Tiger Woods cheated, but show me the others on the PGA tour that cheat? You can't, because they don't or we would know about it.
How about the Mayor of San Francisco banging his campaign managers wife. Politicians are such scumbags.
Cassandra and Dan - you're both begging to be cheated on.
Thomas Jefferson really? Oh yeah, perhaps that's why atheists keep quoting from him about the constitution and the separation of church and state. Wouldn't want his family values to get copied in their too, right?
Jefferson was a deist, not an atheist. And they wanted seperation of church and state so the state wouldn't tell the church what to do, like the Dems are trying to do now.
I know the perfect way to spare anyone the humiliation of their spouse having an affair. Don't have an affair. I cannot wrap my faithful mind around HOW having affairs, male or female, has become normal and worse acceptable! Divorce is cheap these days so just get one if you feel the need to go outside of your marriage; NO ONE really respects a cheater and they will never again fully trust one.
I don't claim to understand the in's and out's of campaign law but he is a lawyer and he should and probably did; throw his lying butt in jail.
I tend to think that the people who cheat on their spouse are insecure, impulsive and idiotic.
Those types of people are too afraid to be on their own, so they enjoy the safety and guarantees of a marriage while venturing out to try and satisfy their desire to feel wanted by "new/other" people.
I happen to agree with you.
How could Young and Edwards, both very bright men, have even begun to believe no one would ever find out about Edwards' affair with Hunter? John Kennedy lived in a time when these issues weren't common fodder for the national press, but in our current age of media 24/7 only someone devoid of common sense would ever even consider the possibility of keeping such an affair quiet. Two remarkably stupid men!
The prosecution's case was weak when the trial began, and it was weak when the trial ended. The prosecution is hoping that the jury will dislike Edwards so much for his moral failings that they will disregard the facts and law and convict him.
Well, Wilfred...I wouldn't be surprised to learn that you were fooling around with Rebecca, after being married to Rowena for awhile. :)
Rebecca was the better choice anyway; Rowena was booooring! I spent the last half of the book hoping that Ivanhoe would live up to his reputation, but he chickened.
I agree that if he used the contributions illegally then he deserves punishment, but, seriously, 30 years in jail????? child molesters don't even get sentences like that. I believe that there is something seriously wrong with a society whose laws are so unequal.
The only thing the prosecution has proved is that he lied, and had an affair and baby, they did not prove Campaign Finance fraud. This is a fishing expedition, they want this man to be convicted because he cheated. Prove your case if you want that to happen. This man is a sleze ball, a good for nothing. But you cannot put a person in jail because you don't like what they do. If he is put in jail, it is a miscarriage of justice, because of not proving the case.
Edwards can't be convicted he is a lib and a lawyer. The law doesn't apply to him.
@ Common Man-3493893
Whatever happened to those people that were using extreme rendition, wiretapping without warrants, water-boarding and indefinite detainment without trial or even an explanation of the charges against them?
Oh yeah! I remember now! ABSOLUTELY NOTHING
How many of those people who were blatantly disregarding US laws Democrats? Were they ALL Democrats/Liberals?
You fail at trolling...don't quit your day job...LOL
Actually you'd be surprised how many democrats got off, here in NY.
The scum that should have been prosecuted is Andrew Young and his wife. As usual, the DOJ went for the high-profile case (even though they knew they didn't have the evidence). And guess what, I'm betting the DOJ offered the Young sociopathic duo immunity from prosecution regarding any evidence in this case, for their duplicitous, disingenuous, (aka perjured) testimony.
Did Barron & Mellon consider them political contributions? Heck, it they themselves knew the gifts were too large to make politically, and yet they were doing it to get a president in their pocket - how dispicable. Did anyone (Edwards, Hunter, or Young) pay taxes on "gifts" that far exceeded the threshhold for reporting them as taxable income to the IRS? Does anyone recall that Ensign's parents made sure they each separately gave $12,000 to the mistress and to other members of her household to conceal and/or reimburse her for that affair.
I don't really give a crap if he's a Democrat or GOPER, throw the book at him, and start throwing the book at the rest of them. For too long the politicians in this country believe they are above the law and more then that above the people. Vitter and Craig all of them should have been tared and feathered but as usual they got a pass. So from the evidence Edwards knew dam good and well the money was going to his mistress and all the tadrey crap to cover up from the people and his wife. One can only hope the next one caught will get the same.
Democrats drag one of their own, Edwards, into court and try to put him away for using campaign money to bribe his shackup to be quiet.
Not even Republicans seem interested that Obama and team tried to use campaign money to bribe Reverend Wright to be quiet during the 2008 campaign. Hmmmmmm, could this Edwards fiasco have more to do with getting even than getting justice?
.. and it was reported Obama paid Jessie Jackson hush money to shut up on the Treyvon Martin issue.
he's guilty! at a minimum of tax fraud but also of campaign fraud. jmho..mw
The part I love is that he was waiting for his wife to die in 2004...and the poor woman lived till 2010. Nice guy. I haven't been following this trial at all, so I don't really have an informed opinion about whether or not he broke the law, but if he did, he should get his just desserts.
Yet another piece of sh*t scum bag ambulance chaser.
If Democrats were this vindictive George W. and company would be in jail....the only difference being they actually broke laws IMO.
If GW broke laws, he did it with full consent of the Congress.
sweet, it's dems doing this. DOH..headed by Eric Holder...a DEMOCRAT.
So it's the GOP prosecuting him? Do you even keep up with the truth?
Edwards...just another thief who got caught.
Just another White_Washinton crook !
This is one of those stories that people like MSN grab and play over and over. It leads their web site slot one position almost every day. Most of us without brain damage know only 15% of population is even mildly interested in this has been ambulance chaser.