DOJ taking hard line on any Edwards plea deal

John Edwards arrives at a memorial for U.S. Sen. Edward Kennedy at the John F. Kennedy Presidential Library August 28, 2009, in Boston, Massachusetts.

/ Chris Hondros/Getty Images

Sources close to the case tell CBS News that a criminal indictment of John Edwards for violating federal campaign finance law could come as soon as Wednesday, when the grand jury meets in Raleigh. A plea deal before the indictment still is a possibility, the sources say, but the Justice Department is taking a hard line that he plead guilty to a felony for taking about $1 million from two different donors to keep his mistress secret during his presidential run.

Prosecutors are arguing that the money should have been treated as a campaign contribution, and not a gift, because it was designed to further his campaign for the presidency. Campaign contributions can't be spent for personal use.

Edwards' legal team argues that the prosecution's theory is unprecedented and wrong. They say there is only one case involving gifts to federal candidates that's even remotely comparable -- and it not only is distinguishable, but also was merely an advisory opinion by the FEC that never has been cited as authority for a criminal prosecution.

In that case, the FEC said a proposed gift to a federal candidate was illegal because the donor wouldn't have made it if the candidate weren't running for office. Edwards, on the other hand, had long-standing personal relationships with donors Fred Baron and Bunny Mellon that continued after he withdrew from the race. In fact, Edwards had lunch with Mellon on Thursday.

As Edwards weighs whether to take a plea, he has to game out whether he believes he can win the case. There's no question the case against Edwards will be difficult for prosecutors as Baron is dead, and Mellon is 100 years old. And a key witness, Andrew Young, could have credibility problems. On the other hand, Edwards isn't a sympathetic figure -- so he could find himself before a hostile jury.

[ammo17]

never trust a politician who spends too much time on their hair.they are very vain.

[FreshxWater]

Obama/Holder are prosecuting Edwards when...
Oil companies, food companies conspiring to illegally inflate prices; Corporate Banks having just ripped off millions of Americans then bailed out with American's money then them getting record salaries and bonuses year after year; and Obama and Eric Holder are using out tax dollars to go after Edwards and NOT after REAL Criminals! Obama should be impeached! We need the money to be spent on real criminals and to rebuild our roads, schools, and factories!

[cherubimii]

Thank you, for posting this truth.
I agree with you.
John Edwards has been an eloquent spokesman against corporate greed.
I guess that's why he's facing prison and the thieves on Wall Street are not.

[deepimpact2]

The US Attorney that is prosecuting Edwards is a republican who was appointed by the Bush administration. Therefore, it is unfair and inaccurate to state that "Obama and Holder are prosecuting Edwards when..." President Obama has already selected someone to replace Holding, the US Attorney who is prosecuting Edwards. However, Republican senators are holding on to their "blue slips" to prevent the appointment so that Holding can complete what he started. Might I add that Holding also prosecuted Easley. The conflict of interest in this situation is astounding to say the least. But now it makes everything extremely clear. Of course this republican would go after Edwards even though Edwards' crimes pale in comparison. What else would we expect? Fairness? Bipartisanship? Objectivity? I pray for the day when people actually look at situations like this based on the law. In this country overbreadth is enough to rule statutes and laws as being unconstitutional. The law under which Edwards is being prosecuted is being given too broad of an interpretation. This is completely unacceptable.

[skeezix06]

Obama and the republican party making sure no other politicians ever consider populism again. I also think the Obama DOJ is creating an "example" to make sure no one tries to challenge him in the primaries with some spite and pettiness on the side.

[thechooch1]

skeezix06 what? Obama and the republican party...? This is about using campaign funds illegally. Nothing more. Could you hear the screams if the DOJ didn't prosecute?

[skeezix06]

There are a lot of people who have done far worse things than Edwards that the DOJ has no plans to prosecute at all.

[mrmxltplk]

How the mighty have fallen

[pasha128]

Actually I believe a strong posture on this case leads to the next probable case against Senator Ensign where the same strong posture should be employed.

[skeezix06]

Don't kid yourself. Ensign is a republican and Obama has made it clear he doesn't prosecute republicans. It messes up his bipartisan delusion.

[justme2012]

Ensign had a kid out of wedlock while his wife was dying and used presidential politcal campaign money to cover it up????

Wow, the press really missed getting that story out. You must read the National Enquiror.