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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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At the very least Edwards is guilty of tax evasion. If these were not campaign contributions, then they have to be considered gifts. Since they were in excess of the legal $13,000 per person amount, then they would be subject to gift tax. Since he did not file a gift tax return or pay the tax, that constitutes tax evasion.
The FBI knew in 2010 from Bunny Mellon interview that she gave the money to John Edwards for personal use not campaign and she knew about the affair. But the Prosecutor went to far on his witch hunt with the hope that Mr. Young would be believed and the scandal of cheating on his wife would be enough to find his guilty. But Young got caught him his lie and we learned he just used the money from Bunny for himself. To spare the Prosecution the Judge wouldn't allow the audit that proved none of Bunny's money was included in campaign money federal records. So now the Prosecutors has not proved the 6 counts they filed and hope the jury will just fine him guilty anyway because he cheated on his wife. Americans might not look at the rule of law and just decide he needs to go to jail for cheating. Just think 90% of our current Law Makers are guilty of that crime but Americans don't seem to mine that.
Edwards is a worm.
edwards can be found not guilty but he will not be found innocent. he is guilty of disgraceful behavior. he deprived his wife of a good death surrounded by a loving husband who lived up to the trust and respect she gave to him all those years of marriage. instead he made a sham of their marriage and stole from her what we all want at the end of our days. the love and respect from those to whom we have devoted our lives---to be able to look back with the knowledge of a life well lived. mr. edwards is a thief. he stole from his wife and children -he took their love and respect that he betrayed and publicly humiliated them. living with this guilt should be his punishment and he should spend the rest of his life trying to make amends to his family.
AND then string him up !
Go Go Granny this guy is an *^^$@#&^&&^^#@%&^&*
As Granny says Edwards is a thief and should be punished. Not only did he steal from his wife and children an honorable death for the former and a proud legacy for the latter but the campaign donation fraud is absolutely correct in that if he had not hidden the affair he would never have gotten elected! His wife's support was integral to his winning the campaign. She supported him while being treated for cancer, and was better liked than "His Hairness". I liked his message, I liked hers more. She was his best asset and together they might have been quite a team, aka, Bill and Hillary. His argument that he was trying to hide the affair from his wife is true; due to his need for his marriage not to implode while he was running for a major election! The tax evasion issue is also very real, there are a number of crimes here and the rich donors are guilty, also. They were hiding his affair to help him get elected and doing so using mislabeled checks funneled through his political campaign staff. Case closed. The Youngs profited and paid no taxes or legal penalties, the moneybags donors hoped to profit with reward invitations and hobnobbing plus favors for pet interests, but the fact remains that hiding this affair was central to getting elected! I well recall how human and gracious Elizabeth was, an antidote to reports of Johnny's vanity and "too slick" image. She propped him up and made many of us willing to overlook his millionaire status by telling a story of a couple who made their own way, lost their teen son to an innocent traffic accident, her subsequent desire to be a mom again late in life and dropping to the store crying in the grocery store when she spotted her late son's favorite soda! He needed her to remain his support, loyal, human and immensely brave and selfless to support him. A defense that claims he only laundered money through campaign staff to hide it from her undermines her unfaltering support of him and the indisputable fact he would have no chance of winning if she found out the whole truth and abandoned him, as he so publicly (videos of him muff diving Rielle?) abandoned and betrayed her and their children in their time of need. This democrat wants him in jail.
42many.....I agree with what you said 100%.
Just another lying liberal.
30 years in Prison for this wonderful Democrat and give him an extra large jar of Vaseline on his way into the blessed land.
The guy is a low down sack of puke! This is the kind of politicians are given support. What else was the money for???Certainly wasn't to make his wife comfortable while she was dying.
What a piece of work.
I would like to cheat with a thirty something hot bodied blonde. Preferably one who has a college degree and makes her own money!
Go to some corporate functions, fancy restaurants....
We'll keep it on the downlow....
can someone explain why edwards' intent can't be determined by two things: 1) whether or not the donors took tax deductions for campaign donations and 2) did edwards and his buddy claim it as income? wouldn't both of those prove it one way or another?
What a bloody lie! John Edwards is truly a criminal and a damned despicable husband and father. He made a living while living on the edge of crime. He robbed the poor and gave to the rich, putting his ill-gotten gain into his own pockets. He is a lawyer, and the only good lawyer is one who lives in a cemetary. John Edwards deserves to be in prison with all the big bucks who will make him pay in the only way he will ever understand. Bend over, John Edwards, you sorry SOB.
spendthrift-----some lawyers deserve a break-my daughters a lawyer and she doesn't like many in her profession. can't lump them all together.
Looking forward to this POS going to jail. Thank god daughter Cate is a Harvard Law grad as she may need to lend Daddy some cash....forever. His southern charm BS should of been a warning to anyone thinking about voting for him. "Y'all mind if I cover up $1 million to help hide my crazy, freaky mistress? Don't worry, when my wife dies, I'll act sad and cry. Then my campaign comittee will advise me when the "appropriate" time is to get remarried. Yeeeehaaaawwwww!!"
Morty, I think you are spot on.
it's George bush's fault i know it!
I doubt he will walk away from this case a free man. I am sure the jurors know he knew what was going on. I think he is as guilty as Judas.
Hang the jack wad to the flag pole , for scamming the American people , There should be a law for him being a scum sucker and running for ( OF ALL THINGS POTUS. )
I don't much care for any polition but GOOD GRIEF !
Hes got some Balls to run for an office that we need someone in that we can trust knowing hes an ASS !
Wonder if Rielle Hunter reported and paid income tax on these gifts of money and support.
The fact that Edwards is an attorney leads me to believe that he had firsthand knowledge of the manipulation of those funds and quite possibly orchestrated this entire fiasco. The sad part is, I don't really care about the money or whether or not it was illegal. What I think most everyone with a modicum of human decency deplores about this man is the fact that he cheated on his wife, had a child out of wedlock, and did all of this while his wife was suffering with cancer. Unfortunately, that's not a crime. It's just a damn shame.
Lawful1 It is also effing appalling that a person running for a high office can accept such a large gift. It should be illegal itself. Nothing good can come from making such a large gift legal. When one accepts it they are then on the hook to this person. I doubt that everyone involved claimed this money and paid the taxes on it, well that is if it was a gift to begin with.
Just think Obama was thinking of having this arse for his VP. Boy Obama is a real bad judge of character, first claiming Corzine is the most honest person he knows in Washington(and so on) then then this jerk. Boy you can polish a turd but it's still just a turd
Bunch of effing crooks, every last one of them. And their not happy with just taking all your money, they want your freedom also.
He might be a real dog for what he did to his wife but the Procecution was insane to bring these charges against him. I don't see where they can say the money was campaign contributions. I would vote to acquit if I were on that jury. Total waste of taxpayers money.
Mom2...perhaps not in the truest sense of the word...but it was in essence money used for his campaign. He HAD to hide all his mess to try to stay electable. He knew it and his supporters forked over tons of money to help him FOR THIS PURPOSE. Do you really think they gave him millions out of the goodness of their hearts just because they liked him...was it a Christmas present? A birthday present? It was a COVER UP. What a louse he is on so many levels.
This is a waste of our tax dollars. Go after those who caused the financial meltdown. Stop this BS litigation, an
obvious ploy to minimize any emphasis regarding banking and investment broker fraud. We americans are not impressed.
When is a national political figure going to shock the nation and do a decent act for once, instead of these constant stories of crime and deceit?
all of their ivy league diplomas seem to vanish once women and money gets involved.
truly sad.
If it was all that human, perhaps it wouldn't be considered so shameful....
that a lie ; he was a bad actor, put him in jail for stealing
I hope the people on the jury are smart. All I had to read was page two of the Federal Election Law, section 8, (A), (i) to know accepting gifts is considered a campaign contribution. The "Bunny money" was indeed a gift to John Edwards' campaign. A campaign contribution is any money given that is to help a candidate get elected. This is pretty simple and straight forward.
He had his own money to hide Hunter and should have used it. But no, he used the money from Mellon and Baron to hide her. Thank goodness for the National Enquirer.
never thought anyone would be grateful for the national enquirer, but i am, too. :)
Some posters have raised valid points about how Bunny Mellon treated the contributions on her tax returns, and how Edwards and Young treated the receipt of the funds. Even if the donations were not made to influence the election itself, they were made with the intent of influencing the person they hoped would be the vice president. Trying to keep his mistress a secret is a form of influencing the election because if the voters had known at the time what an immoral person John Edwards is, he would have lost even more votes.
The only thing Edwards and his "assistant" are guilty of is tax fraud for not reporting all these gifts as income. If the money did not go directly into his campaign accounts as a donation and then the money removed for the cover up, then it's just a gift between individuals. I suggest the IRS look into this if not already done.
What I donot understand is that why are people only blaming edwards? A clap can never be done with one hand. You need two hands to clap. Nobody knows the dynamics of the relationship that Edwards had with his wife. Was she able to satisfy him emotionally and sexually, was she willing to do it? Was edwards willing to f**k her properly. Why did edwards feel the need to go out in a marriage. What was wrong with the marriage. May be the two did not get along well, may be she asked him to jerk off , if he asked for sx. Trust me, men and women are capable of acting like they are doing each other favors , whereas in a marriage , there is nothing like favors. If a wife gives sx to the man, even when she may not be in the mood, or vice versa, thats no favor. Thats your duty. The word DUTY is surely forgotten in this world of entitlements. But as soon as one of the persons in the marriage cheats , then immediately the other person, somehow becomes godly in the eyes of the public and the person cheating becomes a meany pig and the most rotten of all human beings. Why is it shameful also of edwards if he cheated. Once a person breaks one promise in a marriage, all other promises are also fair game. If a spouse, 'behaves' badly towards another person, and does NOT extend the love and affection and sx , that was 'promised' during the marriage, is that NOT cheating? I think anybody going back on their word is cheating. It does not necessarily have to do any thing with sx. May be elizabeth 'CHEATED' first ??? OK, I donot know and am not blaming anyone, but the point is, just get the hello out of judging people based on their sex partners inside and outside of marriage!. You donot know what other stuff had gone on in their marriage. Its nice that he tried to hide it from his wife. Any decent caring person, would try to hide information from their family, which can affect them negatively and greatly. Would it have been better, had he blatantly showed off that he did not care, and insulted liz more? I just donot get people's attitudes. - A caring , loving, and faithful husband , till wife behaves proper and does not 'cheat' (mind you, I donot consider only sex as cheating. but anything that was promised but not upheld when marriage was performed is cheatiiiiiing ) - thats how it will be fair for both sexes. I am tired of the double standards.
Human Bieng-You are an uniformed pig.
In sickness and in health? Heard about that promise?
His wife stood by him when it first came out. He still lied about the kid. Claimed it was Young's. Clearly you have a guilty conscience, if you have one at all, and do not belong here.
Go back to your video games and online porn. You are too stupid to fingertalk on this subject.
Human Bieng
I don't know about you but in vows I said
I promise to be true to you in good times and in bad, in sickness and in health. I will love you and honor you all the days of my life.
I would also think the similar was said by the Edwards. I don't know anyone that has anything about Fu(king in their vows. I'm also pretty sure about what was said that Elizabeth was not OK with it. If your wife is sick, dying/suffering from cancer you don't go out and does not give you the right to go out and eff around. I would rather "clap" my johnson then cheat on my dying wife. People that think like you are animals, as animals will hump anything that sits still long enough
Well said 42Many
Ask your buddy
Senator Paine McCain about the sickness and in health part of matrimony. Leave when their down was his attitude. Get a rich young one.
And then there was Representative Newt Ging-Rich who followed his lead.
Someone once said
It is better to spit your seed into the body of a whore
Than on the ground
fishyman and 42 sins
have a morality
one likes to masturbate and the other hates sex