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  • 29
    May
    2012
    2:47pm, EDT

    Scheduling concerns suggest John Edwards jury not near verdict

    NBC News and msnbc.com legal analyst Hampton Dellinger and Melinda Henneberger of The Washington Post discuss the long deliberations in the John Edwards trial, and the speculation surrounding a verdict.

    By Lisa Myers, NBC News, and M. Alex Johnson, msnbc.com

    Updated at 6:38 p.m.: The judge in the campaign finance corruption trial of former presidential candidate John Edwards indicated Tuesday that proceedings could stretch well into June after a second closed-door meeting with prosecutors and defense attorneys.

    Analysis: John Edwards jury speaks with its silence


    Stacey Klein of NBC News contributed to this report by Lisa Myers of NBC News and M. Alex Johnson of msnbc.com. Follow M. Alex Johnson on Twitter and Facebook.


    For the second straight court day — there was no session Monday because of the Memorial Day holiday — U.S. District Judge Catherine Eagles closed the courtroom in Greensboro, N.C., for about 45 minutes Tuesday morning. Court officials told NBC News she was discussing a "juror issue" with attorneys in the case.


    For several days, Eagles has taken extra care to remind jurors that all deliberations must take place in the jury room with all 12 jurors present and only there, raising speculation that one or more of the eight men and four women on the panel may have been discussing the case outside the courthouse. The judge said if jurors talk in small groups it can be divisive and make it more difficult for the group to reach a verdict.

    • Full trial coverage on msnbc.com
    • Full transcripts of closing arguments
    • Analysis by Hampton Dellinger

    Follow @msnbc_us

    The original 12 jurors were still in place Tuesday, however, and the strain they were under was obvious, said Hampton Dellinger, a legal analyst for NBC News and msnbc.com.

    "They realize they've got a tremendous weight on them, and they don't know what to do with it," Dellinger said on MSNBC-TV's "Hardball."

    Before breaking for lunch, Eagles referred to some juror scheduling conflicts, noting that it is "high school graduation season." She asked the jury members to pass along notes with their scheduling needs through the end of next week, suggesting deliberations could drag on well into June, raising the prospect that a trial that started in April could still be in process when summer begins on June 20.

    Deliberations resume Wednesday morning.

    Slideshow: Edwards' public life

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

    Launch slideshow

    Edwards, 58 — a former U.S. senator from North Carolina and the Democrats' 2004 vice presidential nominee — is charged with six felony counts of accepting about $1 million in illegal and unreported donations during his 2008 presidential campaign from two wealthy supporters at a time when individual donations were limited to $2,300.

    If convicted on all counts, Edwards could face 30 years in prison and $1.5 million in fines. As he headed for lunch Tuesday, a confident-looking Edwards told Ben Thompson of NBC station WCNC in Charlotte, N.C., "I feel fine."

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    • Analysis: John Edwards jury speaks with its silence

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    19 comments

    Looking like a hung jury and a retrial

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  • 25
    May
    2012
    4:45pm, EDT

    After closed discussion of 'jury matter,' John Edwards trial breaks for weekend

    The judge in the John Edwards trial calls a closed door meeting with jurors on Friday. NBC's Gabe Gutierrez reports.

    By NBC News and msnbc.com staff

    Updated at 5 p.m. ET: Jurors in the campaign finance corruption trial for former presidential candidate John Edwards went home for the holiday weekend without having reached a verdict, but not before the judge closed the courtroom for a private meeting with prosecutors and defense attorneys.

    • Full trial coverage on msnbc.com
    • Full transcripts of closing arguments
    • Analysis by Hampton Dellinger

    U.S. District Judge Catherine Eagles told the lawyers that she had "a jury matter to discuss" with them. Thirty-seven minutes later, she sent the jurors home for the weekend, giving them extra instructions about the importance of not talking about the case outside their official deliberations.

    She reminded them that they mustn't discuss the case with anyone — "as you walk back to your cars" or "in small groups."  


    Eagles said she could hold another closed session to talk "about this same juror issue" when deliberations resume at 9 a.m. ET Tuesday, after the Memorial Day holiday.

     


    Follow @msnbc_us

    It will be the beginning of the second full week of deliberations in Edwards' trial in U.S. District Court in Greensboro, N.C., where he is charged with six felony counts of accepting about $1 million in illegal and unreported campaign donations from two wealthy supporters during his 2008 presidential campaign at a time when individual donations were limited to $2,300.

    By Stacey Klein of NBC News in Greensboro, N.C., and M. Alex Johnson of msnbc.com.

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    9 comments

    even though Edwards is a *ackass.,,,,,he didn't do anything illegal. The trial is just a waste of taxpayers money. He has created his own hell.

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  • 24
    May
    2012
    1:56pm, EDT

    John Edwards jury appears to be settling in for the long haul

    John Adkisson / Reuters

    John Edwards has worn what appears to be the same green tie all week to court in Greensboro, N.C. Asked whether it's his 'lucky tie,' Edwards replied, 'I'm not saying.'

    By Stacey Klein, NBC News, and M. Alex Johnson, msnbc.com

    Updated at 4:49 p.m. ET: The jury in the campaign finance corruption trial of former presidential candidate John Edwards signaled Thursday that it may not be near a verdict.


    Stacey Klein is a producer for NBC News. M. Alex Johnson is a reporter for msnbc.com. Follow M. Alex Johnson on Twitter and Facebook.


    As they broke for lunch on their fifth day of deliberations in U.S. District Court in Greensboro, N.C., jurors asked Judge Catherine Eagles for 20 more exhibits to produced for review. 

    Most of the requested exhibits relate to money provided by the late Fred Baron, the finance chief of Edwards' 2008 presidential campaign, that was used to pay for hotel rooms, private jets and other transportation expenses rung up as campaign officials moved Edwards' mistress, Rielle Hunter, around the country in an attempt to conceal their affair from the public.


    The new request was so expansive that Eagles asked jurors whether it would simply be quicker to have all of the trial's exhibits — more than 500 documents — sent to the jury room. The foreman replied, "Sounds like a good idea," and Eagles agreed to provide all of them.

    The jury headed home for the day without reaching a verdict Thursday afternoon. Deliberations resume Friday morning.

    Edwards, a former U.S. senator from North Carolina who was the 2004 Democratic vice presidential nominee, is charged with six felony counts of accepting about $1 million in illegal and unreported campaign donations from Baron and billionaire heiress Rachel "Bunny" Mellon at a time when federal campaign donations were capped at $2,300.

    • Full trial coverage on msnbc.com
    • Full transcripts of closing arguments
    • Analysis by Hampton Dellinger

    Hampton Dellinger, a legal analyst for NBC news and msnbc.com, said the request made it clear that there's "no verdict in sight." 

    Watch US News videos on msnbc.com

    Slideshow: Edwards' public life

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

    Launch slideshow

    The four-week trial established that the Federal Election Commission — which cleared the contributions in its audit of Edwards' campaign — and the Justice Department were unable to agree on whether the donations from Mellon and Baron constituted campaign contributions subject to regulation under a 1971 election law. And the "jury can't yet, either," Dellinger said.


    Follow @msnbc_us

    As the deliberations have stretched on, scores of reporters and camera crews outside the courthouse have taken to speculating on the significance of even minor clues.

    Wednesday, one reporter was overheard asking whether it meant anything that three of the jurors had shown up wearing orange. 

    And after Edwards showed up Thursday wearing what appeared to be the same green tie he's been wearing all week, a reporter asked him whether it was his "lucky tie."

    Edwards responded, "I'm not saying."

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    34 comments

    Let me get this straight: one sitting president lies to the American people, spends billions on a needless war, gets our young soldiers killed, crippled, tortured...signs secret memos to spy on us and gets re-elected to office and then after leaving office writes a couple of books and makes a few ex …

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  • 21
    May
    2012
    5:25pm, EDT

    No verdict in John Edwards trial as jurors focus on Bunny Mellon

    By Stacey Klein, NBC News, and M. Alex Johnson, msnbc.com

    Shawn Rocco / AP

    John Edwards last week at the U.S. courthouse in Greensboro, N.C.

    Jurors in the campaign finance corruption trial of former presidential candidate John Edwards were sent home for the day on Monday without having reached a verdict.

    A third day of deliberations will begin Tuesday at 9:30 a.m. ET in U.S. District Court in Greensboro, N.C., where Edwards — a former U.S. senator and the 2004 Democratic vice presidential nominee — is charged with six felony counts of accepting about $1 million in illegal and unreported campaign donations from two wealthy supporters at a time when individual contributions were limited to $2,300.


    Jurors appeared particularly interested in one of those donors, billionaire heiress Rachel "Bunny" Mellon, asking the judge for seven exhibits that appeared to be related to the roughly $750,000 she gave an aide to Edwards to help conceal Edwards' affair with Rielle Hunter, a videographer on his 2008 presidential campaign staff.


    Follow @msnbc_us

    Analysis: Possible outcomes for John Edwards

    Watch US News videos on msnbc.com

    Mellon, who is 101 years old, didn't testify during the trial, but her attorney and financial adviser, Alex Forger, offered extensive testimony that Mellon knew that her donations were intended to fund the "Hunter problem" and weren't given as campaign contributions.

    One of the exhibits they sought was a handwritten note from Mellon dated Sept. 17, 2007. Jurors requested a typed version, but U.S. District Judge Catherine Eagles denied the request, saying one didn't exist, so they would have to do with the handwritten version. The contents of that note haven't been made public.

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    12 comments

    Day 2 of deliberations. The longer they take to return a verdict, the more favorable it usually is for the defendant.

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  • 18
    May
    2012
    2:12pm, EDT

    Jury retires for weekend in John Edwards trial; quick verdict not expected

    After 17 days of testimony, much of it focusing on Edwards' secret affair with Rielle Hunter, jurors made requests for specific evidence and deliberated for about five hours Friday. NBC's Lester Holt reports.

    By Stacey Klein, NBC News, and M. Alex Johnson, msnbc.com

    Updated at 6:51 p.m. ET: A jury of eight men and four women began deliberations Friday in the trial of former Sen. John Edwards and retired for the weekend after signaling that it could be some time before they reach a verdict.


    Chris Vaughn of NBC station WXII in Winston-Salem, N.C., and Ben Thompson of NBC station WCNC in Charlotte, N.C., contributed to this report by Stacey Klein of NBC News and M. Alex Johnson of msnbc.com. Follow M. Alex Johnson on Twitter and Facebook.


    The racially diverse jury, which includes three members with finance-related jobs, is considering whether Edwards, the 2004 Democratic vice presidential nominee, "knowingly and willfully" violated a 1971 campaign finance law by orchestrating a scheme in which two wealthy donors provided almost $1 million to hide his pregnant mistress, Rielle Hunter, while he sought the Democratic nomination for president in 2008.


    Jurors got the case late Thursday afternoon and were sent home for the weekend Friday afternoon. Deliberations were scheduled to resume Monday at 9:30 a.m. ET in U.S. District Court in Greensboro, N.C.

    Although hundreds of journalists from across the nation filled the square outside the courthouse and microphones were set up, Edwards didn't stop to talk to reporters as he returned to court for the end of the day's proceedings.

    A quick verdict "would be surprising considering the complexity of the case," said Hampton Dellinger, a legal analyst for NBC News and msnbc.com. "I think a rush to judgment is not what they want."

    • Full trial coverage on msnbc.com
    • Full transcripts of closing arguments (.pdf)
    • Analysis by Hampton Dellinger

    Shortly after they retired to the jury room, the jurors indicated that they intended to take their time reviewing the four weeks of evidence. They asked U.S. District Judge Catherine Eagles for a list of all exhibits published by the defense and the prosecution — which runs to hundreds of items — and eight specific exhibits.

    • Full list of prosecution exhibits
    • Full list of defense exhibits

    The also requested "other notes from Bunny Mellon" — a reference to evidence related to nearly $750,000 contributed by billionaire Edwards supporter Rachel "Bunny" Mellon.

    Follow US News on msnbc.com on Twitter and Facebook

    Mellon, who is 101 years old, didn't testify during the trial, but her attorney and financial adviser, Alex Forger, offered extensive testimony that Mellon knew that her donations were intended to fund the "Hunter problem" and weren't given as campaign contributions.

    Slideshow: Edwards' public life

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

    Launch slideshow

    The jurors also requested a transcript of Forger's testimony, but Eagles refused to provide it. She said that if they still need it by the middle of next week, she would reconsider that ruling.

    The jury comprises eight men and four women. Six of them are white, five are African-American and one is Hispanic.

    Dellinger said the makeup probably suited Edwards. The majority of the jurors are from lower-middle and middle-class backgrounds — Edwards' main constituency when he served as a U.S. senator from North Carolina.

    And he probably "wanted a jury with as many men as possible who might sympathize with his desire to keep the affair quiet from his wife," Dellinger said.

    Edwards faces as long as 30 years in federal prison and fines up to $1.5 million if he is convicted on all counts.

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    34 comments

    Hopefully the Breck boy is found guilty.

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  • 17
    May
    2012
    1:46pm, EDT

    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.

    By Lisa Myers, NBC News, and M. Alex Johnson, msnbc.com

    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.

    • Full trial coverage on msnbc.com
    • Analysis by Hampton Dellinger

    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.


    Follow @msnbc_us

    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.

    Slideshow: Edwards' public life

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

    Launch slideshow

    "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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    213 comments

    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?

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  • 16
    May
    2012
    11:16am, EDT

    John Edwards case swings on two little words: 'the' or 'a'

    The defense rested Wednesday without calling John Edwards or his daughter Cate to the stand. Analysts say not testifying carries risks. NBC's Lisa Myers reports from Greensboro, N.C.

    By Lisa Myers, NBC News, and M. Alex Johnson, msnbc.com

    Updated at 6:56 p.m. ET: John Edwards' fate could rest on what the word "the" means when his corruption trial enters its final phase Thursday morning. 


    Stacey Klein and Michael Austin of NBC News and Ben Edwards of NBC station WCNC of Charlotte, N.C., contributed to this report. Follow M. Alex Johnson on Twitter and Facebook.


    Closing statements in the former Democratic presidential candidate's trial begin Thursday at 9:15 a.m. ET in U.S. District Court in Greensboro, N.C. That's where Edwards — a former U.S. senator and the 2004 Democratic vice presidential nominee — is charged with six felony counts of accepting about $1 million in unreported campaign donations from two wealthy supporters at a time when federal election law limited individual political contributions to $2,300 per election cycle. 

    Jury deliberations are expected to begin Friday.


    The trial unexpectedly moved closer to a conclusion when Edwards' lawyers abruptly rested their case Wednesday morning without calling Edwards or his onetime mistress, Rielle Hunter.

     

    • Full trial coverage on msnbc.com
    • Analysis by Hampton Dellinger

    After the jury was dismissed for the day, David Harbach, the chief prosecutor for the Justice Department, and Abbe Lowell, Edwards' lead attorney, haggled for more than two hours about the instructions U.S. District Judge Catherine Eagles will read to the jury after closing statements. 

    Perhaps the most contested issue centers on the language of the Federal Election Campaign Act of 1971 (.pdf), the statute Edwards is accused of having violated, which specifies that excess 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 argue that it means the jury must find that Edwards conspired to accept illegal contributions solely to help his presidential election campaign. 

    The government, by contrast, essentially argued that it can be read to mean "a purpose," contending that the contributions were illegal if Edwards used the money to influence the election along with other purposes, such as sparing his wife, the late Elizabeth Edwards, the humiliation of the affair.

    Eagles indicated late Wednesday afternoon that she will instruct jurors that the government doesn't have to prove that the payments by billionaire heiress Rachel "Bunny" Mellon and the late Fred Baron were for the "sole benefit" of influencing primary elections in January 2008. 


    Follow @msnbc_us

    But she said she would also tell them that a guilty verdict should be based on something more than just a side benefit to the Edwards campaign. Specifically, Eagles suggested that the jurors should be told that if they find that the real purpose of the payments was personal, the money cannot be considered an unlawful contribution.

    Eagles could still change her mind about some issues before she files the final instructions Wednesday evening. They won't be made public until Eagles gives them to the jury after closing arguments, which are expected to stretch well into Thursday afternoon.

    No Edwards or Hunter
    It was a subdued ending to the defense phase of the trial, disappointing scores of people who had lined up  two hours before court opened, anticipating they might get an opportunity to hear from Edwards, Hunter and Edwards' daughter Cate Edwards Upham.

    Legal analysts had predicted that Upham would certainly testify Wednesday and that Edwards was likely to.

    But Lowell rested the defense case after Eagles denied another attempt to introduce evidence that Donald McGahn, a member of the Federal Election Commission, disagrees with the government's theory that the payments for Hunter constituted illegal campaign contributions.

    Watch US News videos on msnbc.com

    Lowell tried to introduce an audiotape of McGahn saying at a July 2011 FEC meeting that, even assuming everything the government claims is true, the payments were contributions that should have been reported.

    The audio is available here from the FEC's website.

    But Eagles said, "I don't think the opinions of others ... are particularly helpful to this jury" — essentially the same reasoning she gave last week in ruling out testimony from former FEC members who had been expected to say they also thought the contributions were legal.

    The jury was left with the final testimony of Jim Walsh, a former FBI agent hired by the defense who traced the money trail.

    Walsh testified Tuesday that Baron, finance director for his presidential campaign, gave Hunter monthly payments totaling $74,000 in the second half of 2008 — well after the campaign had ended and some of it even after Edwards publicly admitted the affair.

    Slideshow: Edwards' public life

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

    Launch slideshow

    "The only logical reason for making these payments at the time they were made was exactly what John Edwards has been saying: 'I'm trying to protect my wife from finding out that I'm the father of Rielle Hunter's baby,'" said Kieran Shanahan, a former federal prosecutor.

    Another major point of the defense argument is that Edwards didn't know what the money from Baron and Mellon was being used for, a contention that was supported Tuesday by John Moylan, who worked in both of Edwards' presidential campaigns.

    Moylan testified that Edwards was shocked to learn in August 2008 — several months after the fact — that Mellon had been paying to help support Hunter and keep her from the public eye. The money was given through checks falsely labeled as furniture purchases through Andrew Young, who was once a top aide to Edwards and is now his chief accuser.

    Referring to Young as "that damn Andrew," Edwards told Mellon, "Bunny, you should not be sending money to anyone," Moylan testified.

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    167 comments

    Regardless of the outcome of this trial, he's a Bum with a capital B.

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  • 15
    May
    2012
    8:27am, EDT

    John Edwards and Rielle Hunter both could testify Wednesday, lawyers say

    A former FBI agent testifying for John Edwards said Edwards paid his mistress, Rielle Hunter, well after his presidential campaign had ended, supporting the defense contention that Edwards' support for Hunter was based on a personal relationship, not his political fortune. NBC's Lisa Myers reports from Greensboro, N.C.

    By M. Alex Johnson, msnbc.com

    Updated at 6:55 p.m. ET: John Edwards' defense lawyers said Tuesday they might call both Edwards and Rielle Hunter, his mistress and the mother of his youngest daughter, to the stand Wednesday in his campaign finance corruption trial.


    Lisa Myers of NBC News, Stephanie Berzinski of NBC station WXII of Winston-Salem, N.C., 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.


    Both have been on the defense's potential witness list from the beginning, as has Edwards' eldest daughter, Cate Edwards Upham. But speculation had swirled around the trial in Greensboro, N.C., that it might be too risky for the defense to call any of them to the stand.

    Their names were on an updated list of possible witnesses that Edwards' lawyers gave the judge late Tuesday. Their appearance on the list doesn't mean they'll definitely testify; crafty defense lawyers have been known to list possible witnesses whom they have no intention of calling to throw prosecutors off the trail.


    Tuesday, a large crowd gathered at the federal courthouse anticipating Upham's testimony, but a parade of other witnesses pushed her appearance on the stand back a day. She is likely to be one of the first witnesses called Wednesday.

    Upham is expected to say that despite the lies and betrayal, her father still cared for her mother, Elizabeth, and was trying to protect the family.

    "Taking the stand, talking about her father, how much family mattered — I think it could be powerful evidence for John Edwards," said Hampton Dellinger, a legal analyst for NBC News and msnbc.com.

    The focus instead was on the money trail Tuesday, as a longtime friend and former campaign aide testified that Edwards was surprised to learn that billionaire oil heiress "Rachel "Bunny" Mellon had given almost $750,000 to help conceal the affair with Hunter.

    • Full trial coverage on msnbc.com
    • Analysis by Hampton Dellinger

    Edwards, a former U.S. senator from North Carolina who was the 2004 Democratic vice presidential nominee, is on trial in U.S. District Court on six felony counts of accepting about $1 million in illegal and unreported campaign donations from Mellon and the late Fred Baron, finance chief for his 2008 presidential campaign.


    Follow @msnbc_us

    A major point of the defense argument is that Edwards didn't know what the money from Mellon and Baron was being used for, a contention that was supported Tuesday by John Moylan, who worked in both of Edwards' presidential campaigns.

    Moylan testified that Edwards was shocked to learn in August 2008 — several months after the fact — that Mellon had been paying to help support Hunter and keep her from the public eye. The money was given through checks falsely labeled as furniture purchases through Andrew Young, who was once a top aide to Edwards and is now his chief accuser.

    Referring to Young as "that damn Andrew," Edwards told Mellon, "Bunny, you should not be sending money to anyone," Moylan testified.

    Slideshow: Edwards' public life

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

    Launch slideshow

    Edwards' lawyers also called former FBI agent Jim Walsh to provide an analysis of Edwards' and Hunter's finances that appeared to show that most of the money from Mellon and Baron stayed in the hands of Young and his wife, while "Rielle Hunter saw little" of it, Dellinger said.

    Financial records showed that the Youngs got about $1 million from Baron and Mellon in 2007 and 2008, but tax returns suggested they gave Hunter only $191,000 of it.

    Other records showed that rather than deal with Young, Baron paid Hunter through direct deposits into her checking account. That money accounted for $74,000 over seven months.

    Other defense witnesses also questioned the credibility of Young, calling him "untrustworthy" and "dishonest."

    That could be Edwards' best angle after U.S. District Judge Catherine Eagles ruled out a major part of the defense case Monday, saying jurors wouldn't be allowed to hear about a federal audit that concluded that the money for the Hunter operation didn't amount to campaign contributions subject to federal regulation.

    Scott Thomas, a former chairman of the Federal Election Commission, had been ready to testify about the audit of Edwards' 2008 campaign, which found that the contributions were legal. But Eagles ruled that evidence inadmissible because there was no way to determine what FEC auditors knew or were told at the time.

    Thomas was allowed to testify Tuesday morning, but only in general terms. He said the commission had never before considered a case like Edwards'.

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    213 comments

    First, the smarmy bastard exploited his law clients to make his fortune, then he exploited his dying wife in his run for the Presidency, NOW the son-of-a-bitch wants to exploit his oldest daughter to help keep himself out of prison. What next? Will he be bringing his 3 youngest children -- includin …

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  • 14
    May
    2012
    2:30pm, EDT

    Judge rules out testimony on FEC audit that cleared money for John Edwards' mistress

    John Edwards' daughter Cate will speak in court as early as Tuesday as the defense team attacks accusations that Edwards accepted illegal campaign contributions. NBC's Brian Williams reports.

    By NBC News and msnbc.com staff

    Updated at 5:50 p.m. ET: Jurors in the campaign finance trial of former Sen. John Edwards won't hear about a federal audit that concluded that almost $1 million used to help conceal his affair with Rielle Hunter did not amount to campaign contributions subject to federal regulation, the judge ruled Monday.


    Lisa Myers, Michael Austin and Stacey Klein 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, 58, a former U.S. senator from North Carolina and the Democratic vice presidential nominee in 2004, is on trial in U.S. District Court in Greensboro, N.C., where he is charged with six felony counts of accepting about $1 million in illegal and unreported campaign donations from two wealthy supporters during his 2008 presidential campaign.


    The ruling came after prosecutors objected to testimony from Lora Haggard, who, as the campaign's chief financial officer, was in charge of compliance with FEC regulations. Haggard said the FEC had declared that it didn't consider the money to be campaign contributions.

    Haggard testified that she didn't even bother to amend campaign filings to report the payments because the money wasn't used to urge the public to vote for Edwards.

    After a long discussion with lawyers for both sides — outside the presence of the jury — U.S. District Judge Catherine Eagles ruled that evidence about the FEC audit was inadmissible because it couldn't be determined exactly what the FEC knew or was told at the time.

    Edwards' lawyers had been ready to call Scott Thomas, a former chairman of the FEC, who was to have testified about the audit of Edwards' 2008 campaign. His testimony would have been crucial to the defense, said Hampton Dellinger, a legal analyst for NBC News and msnbc.com.


    Follow @msnbc_us

    That's because "it would be compelling evidence that, no matter what else you think about John Edwards, there is no reason for him to think that the coverup of the affair was an election law crime," Dellinger said before the ruling was announced.

    After the ruling, the defense moved on, calling Harrison Hickman, Edwards' campaign pollster, who strongly denied prosecutors' contention that Edwards was the driving force behind the coverup.

    Hickman testified that it was the idea of the late Fred Baron — the campaign's finance chief and one of the two donors who provided the money — to hide Hunter from the public. 

    Former Edwards aide Andrew Young testified earlier in the trial that Edwards knew the money was intended to support Hunter in seclusion, but Hickman called Young "a liar."

    • Full trial coverage from NBC News and msnbc.com
    • Analysis: Denial of dismissal bid is anything but routine

    It remained unknown Monday whether Edwards will testify in his own defense or whether his attorneys will call Hunter to the stand — something the prosecution chose not to do. But the defense announced late Monday that Edwards' daughter Cate — who fled the courtroom in tears at one point during the prosecution's case — could testify as early as Tuesday.

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    62 comments

    If nothing else the lawyers need to appeal this judges order and have her butt thrown off the bench. She obviously has already decided this case and is obviously prejudicial.

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  • 11
    May
    2012
    12:26pm, EDT

    Judge rejects motion to dismiss charges against John Edwards

    John Edwards' defense team argued that the prosecution hasn't shown that Edwards knew about money going to his mistress, Rielle Hunter. NBC's Brian Williams reports.

    By M. Alex Johnson, msnbc.com

    Updated at 6:59 p.m. ET: The judge in John Edwards' federal campaign finance trial rejected a defense motion to dismiss the charges against him Friday, a day after the prosecution rested its case.


    Lisa Myers, Jay Gray and Michael Austin of NBC News contributed to this report by M. Alex Johnson of msnbc.com. Follow M. Alex Johnson on Twitter and Facebook.


    Edwards' defense team argued that prosecutors hadn't proven their case — an assessment many legal analysts agreed with, noting that many of the prosecution witnesses had actually bolstered Edwards' contention that nothing he did in accepting donations from prominent backers to support his mistress was actually a crime.


    But dismissal motions are a long shot, and U.S. District Court Judge Catherine Eagles said "we will let the jury decide" in a ruling that NBC News and msnbc.com legal analyst Hampton Dellinger said brought home the "risk of taking this case to trial for John Edwards."

    • Full trial coverage on msnbc.com
    • Analysis by Hampton Dellinger

    Edwards' lawyers are scheduled to begin presenting their case Monday.

    Edwards — the 2004 Democratic vice presidential nominee and a former senator from North Carolina — is charged in U.S. District Court in Greensboro with six felony counts of accepting about $1 million in illegal and unreported campaign donations from two wealthy supporters.

    The prosecution chose not to call Rielle Hunter, the campaign videographer with whom Edwards fathered a daughter, and Edwards' lawyers haven't said whether they intend to question her on the stand. They also haven't said whether Edwards himself might testify.


    Follow @msnbc_us

    The first phase of the controversial case came to a close after two weeks without testimony from a key witness — Hunter, the mother of Edwards' daughter Quinn.

    Prosecutors instead introduced a mountain of paper evidence to establish the two points they must prove to convict Edwards — that he knew the money from billionaire heiress Rachel "Bunny" Mellon and the late Fred Baron was being diverted to the "Hunter problem" and that he knew doing so was a violation of the law.

    Edwards denies he knew what his former top aide and chief accuser, Andrew Young, was up to, and his lawyers argue that every step of the way, the campaign was careful to keep the money separate from political funds.

    Prosecutors called a parade of witnesses they hoped would impeach Edwards' integrity by depicting him as a politician blinded by ambition and hubris.

    Even as rumors of the affair swirled in tabloid media, Edwards remained in the 2008 presidential race and was lobbying behind the scenes for a position in the administration of the eventual Democratic nominee, Barack Obama, said Leo Hindery, a former Edwards campaign adviser.

    Slideshow: Edwards' public life

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

    Launch slideshow

    The testimony showed that even as his career was crumbling around him, "John Edwards persisted in his efforts, if not to become president, to become vice president, attorney general and maybe even a Supreme Court justice," said Stephen Friedland, law professor at Elon University in Elon, N.C.

    Other evidence from federal agents outlined lavish shopping spending by Hunter on shopping sprees and trips to Florida, Colorado and California, all bankrolled by Mellon and Baron.

    Prosecutors closed their case Thursday by showing Edwards' interview with ABC News in August 2008, in which he flatly denied having fathered Quinn or that he ever asked for money for a coverup.

    Edwards' campaign spokeswoman, Jennifer Palmieri — now the White House deputy communications director — testified this week that she intentionally scheduled the interview during the opening ceremonies of the 2008 Summer Olympic Games because she knew Edwards would lie.

    "The jury has seen John Edwards on video, they've heard his voice on voice mails, they've seen emails from John Edwards, so Edwards is not just seen as the defendant, but he's been very much part of the testimony," Dellinger said of the prosecution's case.

    "I think that puts more pressure on Edwards to take the stand when the defense presents their part of the case," he said.

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    131 comments

    I can only hope that this "Vermin" of a man gets what he truly deserves. John Edwards was paid over $ 400,000 while on the board of one of the largest SUB-PRIME lenders in the world.

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  • 9
    May
    2012
    2:22pm, EDT

    Obama aide says she knew John Edwards was lying about affair

    During another emotional day at the John Edwards trial, Edwards' former press secretary recounted how Elizabeth Edwards angrily confronted a donor who was helping Rielle Hunter. NBC's Lisa Myers reports.

    Updated at 6:40 p.m. ET: President Barack Obama's deputy communications director testified Wednesday that she knew former Sen. John Edwards was lying about his affair when she served as his presidential campaign spokeswoman.


    Lisa Myers, Michael Austin and Stacey Klein 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.


    The aide, Jennifer Palmieri, told jurors that she intentionally scheduled Edwards' interview with ABC News in August 2008 during the opening ceremonies of the Summer Olympic Games to limit the potential audience for what she feared would be Edwards' intentional misstatements.

    Palmieri's testimony — a rare appearance by a sitting White House official in a criminal trial — came on the 13th day of Edwards' trial in U.S. District Court in Greensboro, N.C., where he is charged with six felony counts of accepting about $1 million in illegal and unreported campaign donations from two wealthy supporters.


    • Full trial coverage on msnbc.com
    • Analysis by Hampton Dellinger

    Palmieri related a heated exchange in an Iowa hotel room in 2007 during which Edwards' wife, Elizabeth, confronted the campaign's finance chairman, the late Fred Baron, over his payments to Edwards' mistress, Rielle Hunter. Baron and billionaire heiress Rachel "Bunny" Mellon, spent about $1 million to help Edwards cover up his affair.

    Palmieri said "Elizabeth was very upset" when she learned that Baron and his wife, Lisa Blue, were in contact with Hunter. Blue had even taken Hunter to Los Angeles on a shopping trip. 

    Slideshow: Edwards' public life

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

    Launch slideshow

    Elizabeth Edwards was worried that spending time and money on Hunter "makes John look even more guilty." 

    "Lisa was saying 'you gotta hold your friends close and your enemies even closer,'" Palmieri said, and that "Rielle was a loose cannon" who might go to the press.

    "It was a very emotional scene," she said. 

    Palmieri broke down in tears on the stand recounting the death in December 2010 of Elizabeth Edwards, her close friend. She recalled that when the Edwardses split, Elizabeth Edwards was worried that when she died, there would be no man there to love her.

    John Edwards was at his wife's side when she died and was in court to hear Palmieri's emotional story. But his daughter, Cate, had left the courthouse.

    Prosecutors were nearing the end of their witness list and could wrap up their case as early as Thursday. so far, they have given no indication that they intend to call Hunter to testify.

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    26 comments

    Oh that's right, when democrats do slimy stuff, we should all just look the other way, ignore it. Do you realize how little media coverage this is getting in relation to the scope of the importance of it, meaning this guy was incredibly close to being the VP of the USA?? Do you see the word "Democr …

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  • 8
    May
    2012
    2:31pm, EDT

    Donor warned Obama campaign against considering John Edwards as running mate

    A former Edwards confidant testified he and Andrew Young joked about making money from the sex tape Edwards had made with Rielle Hunter. NBC's Lisa Myers reports from Greensboro, N.C.

    By M. Alex Johnson, msnbc.com

    Updated at 6:50 p.m. ET: A donor to former Sen. John Edwards' 2008 presidential campaign testified Tuesday that he steered Barack Obama's campaign away from considering Edwards as a potential running mate or Cabinet member because of Edwards' affair with Rielle Hunter.


    Lisa Myers and Stacey Klein 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.


    The donor, Tim Toben, a prominent developer in Chapel Hill, N.C., said he called the Obama campaign in June 2008 after Edwards told him that he might be Obama's running mate. Toben said he warned Obama advisers because he feared that Edwards' affair would have "destroyed" Democratic chances in the general election.


    Edwards is on trial in U.S. District Court in Greensboro, N.C., where he is charged with six felony counts of accepting about $1 million in illegal and unreported campaign donations from two wealthy supporters.

    Toben was called as a prosecution witness because he was identified as the intermediary who spirited Hunter away in the middle of the night to a waiting jet after The National Enquirer reported her identity. He said he did it as a "big favor" to Edwards.

    • Full trial coverage on msnbc.com
    • Analysis by Hampton Dellinger

    Toben testified Monday that he broke ranks with Edwards after the candidate forced him to choose to remain loyal to him or to Andrew Young, the former Edwards aide who falsely claimed paternity for Hunter's daughter and is now Edwards' chief accuser.


    Follow @msnbc_us

    Toben said he chose Young, saying Edwards had betrayed the trust of "the people he spoke for." He said he thought Young was unwisely "taking a bullet for the team" and encouraged him to write the book because "this charade was ridiculous."

    Slideshow: Edwards' public life

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

    Launch slideshow

    Tuesday afternoon, Wendy Button, a former speechwriter for Edwards, testified she helped Edwards draft a 2009 speech admitting the affair and acknowledging that he knew that money provided by the late Fred Baron was intended to deal with the Hunter problem.

    That's one of the two key points prosecutors are trying to prove — that the money was handled as campaign contributions to his campaign and that Edwards knew what it was for.

    In the 2009 draft speech — which he never delivered — Edwards intended to confirm that "I stood by while my friend (Baron) supported my daughter and will reimburse his wife for all he had done," Button said.

    Mellon's lawyer testified Monday that Mellon considered her donations to be a gift to Edwards, not a campaign contribution. 

    Hampton Dellinger, a legal analyst for NBC News and msnbc.com, said her testimony could help jurors connect the dots between the former senator's actions and the crime he is accused of committing.

    "This is an admission that John Edwards said he knew all along that Fred Baron was paying to cover up his affair," Dellinger said. 

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    125 comments

    Why did I not see President Obama getting dragged into this? Edwards got caught with his pants down. Others covered up for him. Now it is a he say she say clown show. I can't wait for someone to say the President knew about this and had a hand in trying to cover it up. This is a none story.

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