John Edwards case goes to the jury

John 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.


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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i would suggest that,the court system give edwards the same treatment they gave swertz@!$%#---nothing-damn the man was only running for president-swartz@!$%# was a govenor of california-what r u going 2 do 2 him,or r u sweeping it under the rug because he's a republican.

    Reply#108 - Thu May 17, 2012 11:11 PM EDT

    Most of you are only concerned about someone either being a Dem or Repub. If the guy is of your party, well then he did nothing wrong. But if he is of the other party, hang the bastard. Hold Edwards accountable for what HE did, quit comparing him to someone else.

      Reply#109 - Thu May 17, 2012 11:28 PM EDT

      scumbag

        Reply#110 - Fri May 18, 2012 12:07 AM EDT

        For the record, I have never been a John Edwards supporter, just like a lot of things I post statements about. I am an inquisitive type of person, and often I will take whichever side which will result in me learning more about either what is going on, or why people feel so strongly, one way or the other. I'm sure it makes me look bad on occassion, but I have learned much, my friends...and I am better for it.

        I fail to see why the prosecution would want an interpretation of the law other than the way it has always been interpreted.

        ...and you can't possibly see how this can come back to bite you in the keester one day? Maybe not you, but what of your children and grandchildren...what of their political aspirations? What about friends of yours that you know have proclivates? Do you think you are being a bit selfish...even if the plan was just to put a spotlight on Edwards, knowing this case was a loser from the start?

        (Be) Careful what you wish...you just might get it ~Metallica, King Nothing

          Reply#111 - Fri May 18, 2012 12:11 AM EDT

          Ha! Typical liberal "leader"

            Reply#112 - Fri May 18, 2012 12:25 AM EDT

            United States Senator John McCain, who I refer to as Pain McCain and United State Representative Nu-it Ging-Rich are liberals??

            • 1 vote
            #112.1 - Sat May 19, 2012 2:33 PM EDT
            Reply

            Editor-wannabe.....................HUH? for reals?

              Reply#113 - Fri May 18, 2012 12:31 AM EDT

              Dear Friends:

              If you were reading a novel about this as in the Firm the response would be so different.

              First know that Edwards is and was a man that his wife was diagnosed with cancer. She was as occured during this public story came unraveled, suffering from a dark grave and terminal illness. This man and his inner self or spirit was dealing with not only the vast demand of his business, a very public one, but also the pain of a wife, marriage, dying. Not just ill, but dying. At a time of inner loss, despair, loneliness he also is running for President of the United States of America. Now in this novel take out the fact there all so many characters running for Presidency. He brings into his campaign people he counts on for advise and work. Yes, employment for his party and also those that would handle money. In the greying of death his relationship with his wife becomes one he cannot lie down with her and have sex, she is angry over cancer, suffering and in despair and conflict of the loss of her life. Just as the dear soal showed on TV.

              A man, a younger man in a leadership and father who is lost in the conflict and ravages of death of a spouce.

              He may have reached out at some point and the two not able to physically love. Painful. His daughter he loves so dearly as shown publically since is also distraught and swirling in the death. Soon her mother will be gone. The Senator now running for President must draw on all that is within him. Yet not able to show his true feelings. Leaves within and without to the mechanics of each deman. The marriage reaches a point while she is still in treatment and knowing she is dying, so too the marriage. Despair can do that to a person for survival and for the need to move forward. The spouse could have as she did publically attacks her spouse in concsious or subconcious ways. From the outside opinions and you should haves and expectations.

              But within the betrothol vows also is a man. A man that must survive! He cannot be chained to a person he does not want to be in the burial site with. As painful as that might seem.

              In those moments and time an employee whether a past friend or not (like those that seduced Viet Nam Veterans wives and mates) equally the adulty woman, equally whoredom. Is the result an offspring of this adultry person really his. Has a test for the courts been done? Either way, she is not this glamorous mistress as the press want her to be. In this novel, no matter what her looks are she is a whore. She is seducing, asking for money and has relationships that will hold her to this Senator, running for President and his business one of the biggest and famous in the USA high tech. Also money! Campaign money!

              Two or three even an FBI paid by the opposing party gets contacts and commitments for more than allowed. Well, the money per the court proceedings is given to the whore for her child. The money is a gift or black mail to her. And to her assessorers. A spouse on her part! Oh please! My baby! His money! Money for ever, after and his half. The FBI was he honest or in cahoots?

              All this and she can ruin his career and walk away! The wife has died.

              The Presidential candidate is numb, he loves his daughter an adult who is attacked and overcome emotionally by this. Let me tell you he also would love this new baby whether he stays or ever intended to be a future husband to this tramp. Yep! He also has parents from a family decent and older and wanting to not hurt anyone of these he truely loves.

              Camera action, tapes, black mail. Let me tell you something! The D ------ attorney at law either do your job or let another. The money did it go through his hands or was the Presidential candidate set up, black mailed and photographed. There are pills, gasses and psychological as well as high biotech that can alter a persons mind during actions without them remembering. There is date rape! drugs in their drinks, and worse.

              Including mind control as used by electrical impulsing. Fact.

              Do not when you read this novel confuse and glamorize the woman adultry person. She is not a decent person.

              Those the money came from 101 years old or very old Seniors that wanted to gift money and it went at a time of politics and greed and control and manipulation by a few. Well they cannot or do not call them into court.

              If this is passed on to John Edwards and or His Father and Motehr Wallace and Bobby Edwards, I hope you let them know I believe by the grace and will and knowledge of God's wisdom that this happens. For the past several years this nation has bought into the press trying persons and presenting it their way.

              John Edwards could not stop the death of his wife. No matter how many in the public wanted that to happen.

              Divorce during a time of illness or even involving a handicapped person is so emotional it leaves people torn and in tears even without alchohol, drugs or other. Do not make the adultry woman into a glamourous little princess. She knew exactly what she was doing. She is and was an adult. She was married right?

              Been there as a wife, Viet Nam. Now do not glamorize this case into putting a person that may not be guilty or his complete self. Who really handled the money?

              This is a real case and politics should not be the case in the final statement of the procsecution when he says he will serve time. How many whores and adultry woman does this nation have to ignore and We suffer and in this case, a man who was torn, his wife not just having cancer, dying and her face so grey and eyes sullen and dark and her body ravaged with disease, including her mind and emotion. As was his as a spouse. The spouse feels guilt, helpless and in conflict and despair does not always see what the closest people he is working with are capable of doing.

              The novel! True life. John Edwards. Please get this to him, his father and his mother.

              For the sake of God. Justice. Amen.

                Reply#114 - Fri May 18, 2012 12:39 AM EDT

                So sorry Mr Wonderful, but you are sooooo guilty and your wifes gonna haunt you forever. You will have nothing by the end of your life..tooo bad you almost fooled alot of people to vote for you. Very sad.

                • 1 vote
                Reply#115 - Fri May 18, 2012 12:44 AM EDT

                If you chose to lead in this Nation you should hold yourself to a higher moral standard. Been a womanizer is auto disqualification for high public office.

                  Reply#116 - Fri May 18, 2012 3:29 AM EDT

                  Hey Tex

                  Is been toopid also a disqualifier

                  Or

                  Is BEING a word u ever heard r know how to use

                  Ever hear the true story

                  LBJ trying to prove he is as much a man as JFK was

                  By banging his secretary in his office and lady turd walked in

                  she did not know what they were doing

                  • 1 vote
                  #116.1 - Sat May 19, 2012 2:38 PM EDT
                  Reply

                  Edward is a classic example of the kind of dirty evil politicians in DC. He lies about his affair, knocks up his campaign assistant, lies about the fatherhood of the child, uses political donations as slush funds to pay-off people including the pregnant assistant. All the while during his presidential campaign he portrays himself as the all-around clean-cut decent White Man from the South with strong moral conviction.

                  As an added bonus, his wife, loyal to the very end, was in the hospital dying from cancer but still gave public statements about her husband being a wonderful man to her and his family!

                  Cut off his shlong then hang him.

                    Reply#117 - Fri May 18, 2012 4:02 AM EDT

                    Sorry for my ignorance but, when did adultery become legal?

                      Reply#118 - Fri May 18, 2012 7:01 AM EDT

                      When did ADULTERY become ILLEGAL?

                        #118.1 - Sat May 19, 2012 9:23 PM EDT

                        Dear Rogerbeard,

                        Many states of The United States have stated statutes regarding adultery: enacted around the mid twentieth century, which makes it an offense punishable by incarceration and/or monetary penalties.

                          #118.2 - Sun May 20, 2012 9:00 AM EDT

                          Note that adultery is RARELY PROSECUTED in U.S.

                          In the United States, laws vary from state to state. In those states where adultery is still on the statute books (although rarely prosecuted), penalties vary from life sentence (Michigan)[43] to a $10 fine (Maryland) to a Class B misdemeanor (New York)[44] to a Class I felony (Wisconsin).[45]

                          Sodomy is also on the books in some states but is rarely prosecuted. Gays gotta get their pleasure you know!

                          I never figured out why a man would stick his penis in a sh-t hole.Not human is my conclusion.

                          • 1 vote
                          #118.3 - Sun May 20, 2012 12:51 PM EDT

                          Nevertheless Roger,

                          Just because everyone is doing it, and few are prosecuted, does not make in legal.

                          Sounds like you have an obsession with perverted sexual acts.

                          Let the buyer beware.

                            #118.4 - Mon May 21, 2012 8:57 AM EDT
                            Reply

                            I believe he is quilty, but most of all, I feel he is nothing buy a scum bag who cheated on his dying wife. I do not understand how is kids stand by him. Yes he is their Father, but what he did to their Mother in the months before her death, to me, can not be forgiven. If I were them I would have as little to do with him as possible. Let him go live with his Whore and their child. If anyone every wants this scum back in office they are just as much scum as he is

                              Reply#119 - Fri May 18, 2012 7:03 AM EDT

                              believe he is quilty, but most of all, I feel he is nothing buy a scum bag who cheated on his dying wife.

                              Soooo ~ what you are saying is that he is a "Newt Gingrich?" The parallel is quite distinct. If you focus on his alleged diverting campaign contributions for personal advantage then he is a "Tom Delay." I agree with you that Edwards is an immoral slug ~ it didn't require a trial to establish that fact. Hell, his own defense attorneys agree with both of us. But at day's (and deliberation's) end, the issue is whether Edwards broke black letter campaign law. If this had been proven, the prosecution would not be asking the jury to make an interpretation of the statutes. That is the responsibility of a judge, not a jury. Methinks too many people ~ including the prosecution ~ have been watching too many "Law and Order" episodes where a jury is allowed to "infer" statutory definition.

                              • 1 vote
                              #119.1 - Fri May 18, 2012 7:46 AM EDT
                              Reply

                              I feel they are wasteing MY HARD EARNED tax dollars on prosecuting this man that lost his wife after a battle with cancer and these troll prosecuters want to punish him for an affair. So what he had a donor that paid for his girlfriend to tag along on the trail. WHO CARES, I sure do NOT. $hit happens QUIT SPENDING MY TAX DOLLARS ON STUPID $HIT. Fire this prosecuter and have him get a real job flipping burgers.

                              TOTAL WASTE.

                              • 1 vote
                              Reply#120 - Fri May 18, 2012 3:42 PM EDT
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