Judge won't dismiss John Edwards charges

Former presidential candidate and Sen. John Edwards and his daughter Cate Edwards arrive at a federal courthouse in Greensboro, N.C., Friday, May 11, 2012. / AP Photo/Gerry Broome

RALEIGH, N.C. -- A federal judge refused to throw out campaign corruption charges against John Edwards on Friday, meaning the former presidential hopeful will have to present his case to a jury.

Lawyers for Edwards argued before U.S. District Court Judge Catherine C. Eagles that prosecutors failed to prove Edwards intentionally violated the law.

After two-and-a-half hours of arguments from prosecutors and the defense, the judge ruled immediately from the bench that there was enough evidence to let jurors decide.

Motions to dismiss are routine in criminal trials, but rarely granted. The decision means Edwards' lawyers will begin calling witnesses Monday.

Edwards has pleaded not guilty to six criminal counts related to campaign finance violations. He is accused of masterminding a scheme to use nearly $1 million in secret payments from two wealthy donors to help hide his pregnant mistress as he sought the Democratic presidential nomination in 2008. He faces up to 30 years in prison if convicted on all counts.

After 14 days of testimony and evidence presented by prosecutors, legal observers in the North Carolina courtroom said the government's case was weak.

"They have established their case enough to get to a jury, but it has holes in it," said Kieran J. Shanahan, a Raleigh defense lawyer and former federal prosecutor. "He is not charged with being a liar and he is not charged with having a baby out of wedlock. He is charged with breaking campaign finance laws."

To prove guilt, prosecutors must show that Edwards not only knew about the money used in the cover-up orchestrated by two members of his campaign, which he denies, but also that the former trial lawyer knew he was violating the law.

Prosecutors rested their case Thursday by playing a tape of a 2008 national television interview in which the Democrat repeatedly lied about his extramarital affair with the woman, Rielle Hunter, and denied fathering her baby. Earlier testimony from a parade of former aides and advisors also showed an unappealing side of Edwards, casting him as a liar and lousy husband.

"It is rare the jury gets to see the defendant talking about the main issues of a case in a televised videotape, especially with the defendant watching himself talking about the issues in the videotape," said Steven Friedland, a former prosecutor and professor as Elon University School of Law. "The defense must somehow counteract that lasting impression."

A key question is whether Edwards will take the stand in his own defense.

Before winning a U.S. Senate seat in 1998, Edwards made a fortune as a personal injury lawyer renowned for his ability to sway jurors. However, in doing so Edwards would also expose himself to what would likely be a withering cross-examination about his many past lies and personal failings.

The defense could also call Hunter to the stand, which prosecutors declined to do. She could potentially echo Edwards' position that he didn't have direct knowledge of the secret effort to care for her and keep her out of the public eye.

However, Friedland said he'd be surprised to see the mistress take the stand.

"She will simply call more attention to the lies surrounding her affair and pregnancy," he said.

[JV1970]

Edwards might as well pack his bags right now and get his affairs in order and prepare his children and family because "his goose is cooked"! He's too arrogant to think so but he's on his way to jail!

I believe that he thinks he can do anything he wants to and get by with it but I think he's about to find out differently! You can't do the things that he's done and get by with them for long!

I think this jury's probably already made up their minds and probably everytime they look at him they seeth with anger. It'll likely take them just about five minutes to convict him!

[marychgo]

We all agree that John Edwards is pond scum, but the commenters here who are so certain he'll be in jail soon may have a problem. Based on the news stories I've read, the prosecutor doesn't seem to have proven that the Baron/Mellon contributions were "campaign funds," and if they weren't "campaign funds," there's no CRIME here! It's not a crime to give money to a friend (even if he happens to be a presidential candidate) and, from what I've read, Bunny Mellon even paid gift tax on her "gifts." (Not sure about Baron....)

[cbsnews_viewer]

Do people give you $900,000 (381 times the $2,300 limit) marrychgo? (of course, they do not) He recieved the money because he was a politician preaching to change society and the United States through a political campaign.
He is a deciever and a liar, and won 4 million votes in the 2008 because he is world class manipulator for nit picking to dolts like yourself. This lawbreaker was lobbying the Obama campaign to be a Supreme court judge (the chief decider on law) while moaning that the National Equiror caught him (Hey, idiot Edwards that is what the free press does. To even think as a candidate you could cheat and succeed shows what a MONUMENTAL HEAD CASE this less-than-man is)
The prosecution has already proven CONSPIRACY. He needs to lose his practice to law with a felony conviction for a better America and Great Justice.

[marychgo]

Was there a "conspiracy" to cover up Rielle Hunter's pregnancy? Sure. But that's not against the law; thousands of American men have covered up out-of-wedlock kids, and no one even tried to put them in jail. Edwards only goes to jail if the prosecution proves the money was "campaign funds," and I haven't seen any EVIDENCE that it was. So Edwards is an idiot, an adulterer, a delusional narcissist, and one of the least trustworthy human beings on the planet. But none of that puts him in jail; only being convicted of committing a crime puts him in jail.

[bbarnes5557]

The government is full of ignorant lawyers just looking to make a name for themselves. As far as Edwards is concerned he is a turd and to think he was almost President....His dead wife is finally being exposed for what she was, a power hungry witch who was willing to sell the country out in order for her to be the first lady. The media is being too kind to her in this regard. Doesnt matter that she had cancer nor that she is a women, she knew about his affair and let the campaign continue. If she had said it has to stop all this crap could of been avoided.

[cbsnews_viewer]

Interesting point

[jwilsonteaolcom]

When was last time feds lost case not often ,maybe hung jury,retry,all the lies john edwards told will be enough for jury to figure hes lieing bout everything . 10 to 1 hes found guilty!!convictions are not about evidence all the time!!

[cbsnews_viewer]

Yes. I read an antiwar story where they showed that when the Federal government gets a trial. Its 231 to 1 that it will result in a guilty verdict.

[formerlyluvnut]

He's just another southern alpha-male jewel.

[cbsnews_viewer]

I know the alpha-male thing is the philosophy of the year thing (they always change to keep it interesting). In prison, he is going to be lower down on the totem pole. He isn't nothing but a punk. A former pretty boy with flower words and an king size ego.

[rightontarget]

Ten to one he doesn't get covicted. Too bad. General consensus is that the government's case to prove he knowingly misused campaign funds is weak. Still I think he knew exactly what he was doing and definately deserves to go to jail!!!!!

[cbsnews_viewer]

I will take that bet. He not only knew it, he sent them out to do it. Just like the RICO and mafia cases, they usually get the men at the top even if his 'soldiers' so the dirty work. The top of the John Edwards campaign was a defacto Criminal organization.

[BinaryRecoil]

It will ALWAYS be too soon to hear about how some other Presidential Candidate (bites lips closed)is being tried- But George Bush Jr. is still a rich, retarded Free Man- Despite not counting the votes of African Americans in Florida, in the year 2000.

To the "Leaders" of my world. :: Fix the REAL Mistakes, the ones that put an entire Nation on it's knee's- or don't bother "fixing" anything else. I don't Like your styles.

[Skruffy1]

Edwards is a disgrace and an embarrassment to the male gender.

[thomasmc1957]

They should charge him with trying to con that old woman out of another $40-50 million after his campaign ended, too!

[samXXkiley]

coucou,

****Lawyers for Edwards "argued" before that prosecutors failed to prove Edwards "intentionally" violated the law
===============
what stupid argument !
John Edwards has violated the law, he used fraudulently the financial contributions, in such cases evidence are eay to find.
"au revoir"