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Mostrando postagens com marcador Edwards. Mostrar todas as postagens

quinta-feira, 31 de maio de 2012

John Edwards jurors begin 9th day of deliberations

See it on TV? Check here. AP  by MICHAEL BIESECKERGREENSBORO, N.C. -- The jury in the John Edwards campaign corruption trial is expected to resume a ninth day of talks in North Carolina.

As the jury ended their eighth day of talks without a verdict Wednesday, the judge released four alternate jurors who garnered attention for their matching shirts. They have not participated in the deliberations.

U.S. District Court Judge Catherine C. Eagles did not give any indication of whether she believed the 12 jurors are any closer to deciding the fate of the two-time Democratic presidential candidate.

Edwards faces six felony charges in a case involving nearly $1 million provided by two wealthy political donors to help hide the Democrat's pregnant mistress as he sought the White House in 2008.

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sábado, 26 de maio de 2012

John Edwards juror issue arises

See it on TV? Check here. AP  by MICHAEL BIESECKERGREENSBORO, N.C. -- The judge in the John Edwards trial abruptly closed the courtroom Friday to talk to attorneys about an issue with a juror and sent the panel home after six days of deliberations with a stern warning not to talk about the case.

U.S. District Judge Catherine C. Eagles did not indicate what the problem was after meeting with prosecutors and defense lawyers for about 35 minutes, but when she reopened the courtroom, she admonished the jury before dismissing them until Tuesday.

"All of your deliberations should take place while you are in the jury room and together," Eagles said. "Don't discuss the case in small groups."

The jury's behavior drew attention Thursday when the four alternates all wore canary-yellow shirts. On Friday, they all wore bright red shirts, as did two of the 12 jurors deliberating the case.

One of the alternates, a young woman, has also frequently exchanged smiles with Edwards and nodded enthusiastically during closing arguments last week as the former presidential candidate's lawyer urged them to find his client not guilty.

Kieran J. Shanahan, a former federal prosecutor who has attended nearly every day of the trial, said he has never seen such unusual behavior as the color-coordinated clothing, or a juror so openly flirtatious with a defendant.

"It's seems harmless when the alternates are doing it, but if the jurors are doing it, that's a concern," said Shanahan, now a Raleigh defense attorney. "This case has enough issues already."

The alternate jurors are not supposed to talk about the case and they are kept separate from the other 12 jurors during their deliberations. All 16 of the jurors eat lunch together, but the judge has warned them not to deliberate or talk about the case then.

Eagles can dismiss an alternate juror without affecting the trial. But if she dismisses one of the 12 deliberating the case, deliberations would have to start all over with an alternate a part of the discussions, Shanahan said.

The judge scheduled court to start 30 minutes early Tuesday, after the Memorial Day holiday, and said she would possibly take up the juror issue again.

Prosecutors say Edwards masterminded a plan to use money from two wealthy donors to hide his pregnant mistress as he sought the 2008 Democratic presidential nomination. Edwards has denied knowing about the money, but his lawyers have argued that even if he did, it was a gift from friends, not a campaign contribution intended to influence the outcome of an election.

Edwards is charged with six felony counts related to illegal campaign contributions. He faces a maximum sentence of up to 30 years in prison, though legal experts say he is likely to serve no more than 5 years if convicted.

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segunda-feira, 21 de maio de 2012

John Edwards jury set to resume deliberations

AP  MICHAEL BIESECKERGREENSBORO, N.C. -- The jury deciding the fate of John Edwards is set to resume deliberations in North Carolina following a weekend break.

The former presidential candidate faces 30 years in prison after pleading not guilty to six campaign finance corruption charges. The jury began considering its decision Friday, after nearly four weeks of testimony.

Prosecutors have accused the Democrat 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 White House in 2008.

Neither Edwards nor his mistress took the witness stand. Defense attorneys argued Edwards had little direct knowledge of the cover up, which they say was directed by his campaign finance chairman and a trusted aide who falsely claimed paternity of his boss's baby.

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sábado, 19 de maio de 2012

Jurors in Edwards trial will resume deliberations Monday

AP  MICHAEL BIESECKERGREENSBORO, N.C. -- A jury deliberated for about five hours Friday in John Edwards' campaign corruption trial involving money from wealthy donors that was used to hide his pregnant mistress during his 2008 White House bid. Talks will resume Monday, but the jury has already made several requests for evidence and office supplies, a sign they may be settling in for detailed discussions.

Jurors heard about 17 days of testimony, a lot of it focusing on the details of the lurid sex scandal between the Democratic candidate, his mistress Rielle Hunter and his once-trusted aide Andrew Young, who initially claimed he was the father of his boss's baby. But they also reviewed phone and financial records from a period of about two years.

Edwards is charged with six criminal counts including conspiracy to violate the Federal Election Campaign Act, accepting contributions that exceeded campaign finance limits, and causing his campaign to file a false financial disclosure report. He faces up to 30 years in prison and $1.5 million in fines if convicted of all charges.

Jurors asked for eight exhibits and all of the notes from a wealthy heiress who provided about half of the money at issue. They also wanted a transcript of the heiress' lawyer's testimony, but the judge told them to rely on their memory. They said they need markers and a board to write on, too.

Jurors will have to weigh whether to believe Edwards, who argued that he didn't knowingly break the law, or his aide, Andrew Young, who said Edwards recruited him to solicit secret donations in excess of the legal limit for campaign contributions, then $2,300.

The choice before them comes down to choosing which liar to believe.

Young, the prosecution's star witness, falsely claimed paternity of his boss's baby in December 2007, after tabloid reporters tracked a visibly pregnant Hunter to a doctor's appointment.

Edwards repeatedly denied having a relationship with Hunter, only to go on national television in August 2008 to admit having a brief affair with Hunter but that it was physically impossible he was the father of her baby girl. In fact, his relationship with Hunter had lasted more than a year. A recording of that interview was played for the jury last week as the prosecution rested its case.

The bulk of the alleged illegal campaign contributions flowed to Young, including $725,000 in checks from heiress Rachel "Bunny" Mellon, who is now 101 years old. Young spent some of the money to care for Hunter, but financial records introduced at the trial showed the aide siphoned off most of the money to help build his family's $1.6 million dream home near Chapel Hill.

Another $400,000 in cash, luxury hotels, private jets rides and a $20,000-a-month rental mansion in Santa Barbara, Calif., were also provided by wealthy Texas lawyer Fred Baron to help cover up the affair. Baron served as Edwards' campaign finance chairman.

Prosecutors say Edwards knew about the money and directed the cover-up, showing the jury phone records indicating he was in constant contact with Hunter and Young while they were in hiding.

The defense countered that it is Young who should be on trial, not Edwards, accusing the aide of using Edwards' name without his knowledge to bamboozle Mellon out of hundreds of thousands of dollars for his personal use. Young received immunity from prosecutors.

During closing arguments Thursday, lead defense lawyer Abbe Lowell admitted that Edwards had lied to his wife and the American people. But his client didn't violate federal campaign finance regulations, Lowell said.

"This is a case that should define the difference between a wrong and a crime ... between a sin and a felony," Lowell told the jury. "John Edwards has confessed his sins. He will serve a life sentence for those. But he has pleaded not guilty to violating the law."

The eight-man, four-woman jury includes a retired firefighter, a plumber as well as a corporate vice president and retired accountant. One juror recounted handing out pamphlets supporting Democratic President Barack Obama in 2008, while another said he had put out signs supporting Republican candidates.

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quinta-feira, 17 de maio de 2012

John Edwards defense rests without calling defendant

See it on TV? Check here.AP  MICHAEL BIESECKERGREENSBORO, N.C. -- John Edwards' defense team rested Wednesday without calling the two-time Democratic presidential candidate or his one-time mistress to the witness stand, a sign of confidence after presenting little more than two days of testimony and evidence.

The defense called a series of witnesses aimed at shifting the jury's focus from the lurid details of a political sex scandal to the legal question of whether the Edwards' actions violated federal campaign finance laws.

Prosecutors spent nearly three weeks trying to convince a jury that Edwards masterminded a conspiracy to use nearly $1 million secretly provided by two wealthy donors to help hide his pregnant mistress, Rielle Hunter, as he sought the White House in 2008.

Many people watching the case believed Edwards would testify so the jury could hear directly from the former U.S. senator and trial lawyer, who had a reputation for his ability to sway jurors. But putting Edwards on the stand was also a risk: It would have exposed him to withering cross-examination about his past lies and personal failings.

Most experts were convinced calling Hunter to testify would have dredged up more negatives and lies. The defense also elected not to call Edwards' oldest daughter, Cate, who has sat behind Edwards nearly every day of the trial and could have helped humanize him.

At one point during the trial, she ran out of the courtroom in tears during testimony about her cancer-stricken mother confronting her father about his extramarital affair.

The judge told jurors that no more witnesses would be called. It's unclear exactly when closing arguments would start, but most likely Thursday.

Edwards has pleaded not guilty to six criminal counts including conspiracy to violate the Federal Election Campaign Act, accepting contributions that exceeded campaign finance limits, and causing his campaign to file a false financial disclosure report.

He faces up to 30 years in prison and $1.5 million in fines if convicted of all charges.

Edwards has sat quietly at the defense table throughout his trial, whispering with his lawyers and rarely showing reaction to the often emotional testimony from witnesses who were once among his strongest supporters and closest friends. He has made no public statements since October, following a pre-trial hearing where a judge refused to throw out the criminal case against him.

"After all these years, I finally get my day in court and people get to hear my side of this, and what actually happened," Edwards said last year on the steps of the federal courthouse in Greensboro. "And what I know with complete and absolute certainty is I didn't violate campaign laws and I never for a second believed I was violating campaign laws."

At the trial, prosecutors have shown two members of Edwards' inner circle, campaign finance chairman Fred Baron and once-close aide Andrew Young, engaged in a yearlong cover-up to hide the married presidential candidate's mistress from the media. Young, who is married, falsely claimed paternity of his boss' baby and received $725,000 in secret checks from an elderly heiress, using some of the money to care for Hunter.

Baron, a wealthy Texas lawyer, provided Young and Hunter with more than $400,000 in cash, luxury hotels, private jets and a $20,000-a-month rental mansion in Santa Barbara, Calif.

Prosecutors have introduced phone records, voicemails and other evidence showing Edwards was in frequent contact with Baron, Young and Hunter, all while his mistress was in hiding. Former members of Edwards' campaign also testified that Baron spoke of "moving Hunter around" in the candidate's presence and that Edwards told his speechwriter he knew "all along" what Baron was up to.

However, in 14 days of testimony, no witness ever said Edwards knew he was violating campaign finance laws, a key element of criminal intent the government must prove to win a conviction.

The defense also undercut the credibility of Young, whom bank records showed siphoned off most of the money from Mellon to build his expansive $1.6 million dream house. Baron wired another $325,000 to the company building Young's house.

Before his indictment, Edwards rejected a potential plea agreement with federal prosecutors that would have allowed him to serve as little as six months and keep his law license.

A graduate of the University of North Carolina law school, John Edwards made his fortune handling medical malpractice and corporate negligence cases before turning to politics following the death of his 16-year-old son Wade in a 1996 auto accident. Edwards was elected to the U.S. Senate in 1998 and was John Kerry's running mate in 2004.

Edwards' wife, Elizabeth, died of cancer in December 2010. He is now a single parent of two school-aged children, ages 13 and 11, who live with their father at the family's gated estate outside Chapel Hill. Edwards' 30-year-old daughter Cate is a lawyer who married last year.

After years of denials, Edwards admitted fathering his Hunter's baby in January 2010, shortly after agreeing to pay child support. The girl, now 4, lives with her mother in Charlotte.

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Closing arguments Thursday in John Edwards case

See it on TV? Check here.AP  MICHAEL BIESECKERGREENSBORO, N.C. -- With only two hours allotted to each side to make closing arguments Thursday, prosecutors and defense lawyers neared the end of a month-long trial into whether former presidential candidate John Edwards violated campaign finance laws.

Edwards has pleaded not guilty to six criminal counts related to campaign finance violations stemming from nearly $1 million secretly provided by two wealthy donors that helped hide his pregnant mistress during the 2008 Democratic primary. He faces up to 30 years in prison and $1.5 million in fines if convicted of all charges.

Prosecutors likely will argue the payments were intended to influence the outcome of an election by keeping Edwards' political hopes viable. Defense lawyers will counter that Edwards had limited knowledge of the cover-up and that the payments were gifts intended to keep his cancer-stricken wife from leaning about the out-of-wedlock pregnancy.

U.S. District Court Judge Catherine C. Eagles set the two-hour limit for closing arguments. The jury is expected to begin deliberating Friday.

On Wednesday, Edwards' team wrapped up their defense without calling him, his mistress or daughter to testify, a move experts said was intended to shift focus from a political sex scandal to the nitty-gritty of campaign finance law.

"The defense wasn't sexy, but the defense doesn't want sexy. It wants an acquittal," said Steve Friedland, a professor at Elon University School of Law and former federal prosecutor who has attended much of the trial.

Experts said Edwards' bare-bone defense, which lasted just over two days, may be enough to avoid conviction on charges he authorized more than $1 million secretly provided by two wealthy donors to help hide an affair with pregnant mistress Rielle Hunter as he sought the White House in 2008.

The prosecution presented nearly three weeks of evidence and testimony from a former Edwards aide and campaign advisors that painted Edwards as a frequent liar, but showed no direct evidence he intended to break federal campaign finance laws, the experts said.

Many observers believed Edwards would testify so the jury could hear directly from the former U.S. senator and trial lawyer, who had a reputation for his ability to sway jurors. But putting Edwards and Hunter on the stand would have exposed the defense to withering cross-examination about Edwards' past lies and personal failings.

"The defense may very well have felt that their case was solid enough to go to the jury without the risk of the personal testimony of these witnesses, which would undoubtedly resurrect the salacious details of the affair for the jury," said Catherine Dunham, another Elon law professor who has been attending the trial.

The defense also elected not to call Edwards' oldest daughter, Cate, a 30-year-old lawyer who has sat behind her father nearly every day, as a character witness to help humanize him.

At one point during the trial, Cate Edwards ran out of the courtroom in tears during testimony about her cancer-stricken mother, Elizabeth, confronting her father about his extramarital affair.

The former Democratic presidential candidate has sat quietly at the defense table throughout his trial, whispering with his lawyers and rarely showing reaction to the often emotional testimony from witnesses who were once among his strongest supporters and closest friends.

He has made no public statements since October, following a pre-trial hearing where a judge refused to throw out the case.

At the trial, prosecutors have shown two members of Edwards' inner circle, campaign finance chairman Fred Baron and once-close aide Andrew Young, engaged in a yearlong cover-up to hide the married presidential candidate's mistress from the media.

The married Young falsely claimed paternity of his boss' baby and received $725,000 in secret checks from an elderly heiress, using some of the money to care for Hunter.

Baron, a wealthy Texas lawyer, provided Young and Hunter with more than $400,000 in cash, luxury hotels, private jets and a $20,000-a-month rental mansion in Santa Barbara, Calif.

Prosecutors have introduced phone records, voicemails and other evidence showing Edwards in frequent contact with Baron, Young and Hunter while Hunter was in hiding.

Former members of Edwards' campaign also testified that Baron spoke of "moving Hunter around" in the candidate's presence and that Edwards told his speechwriter he knew "all along" what Baron was up to. But in 14 days of testimony, no witness ever said Edwards knew he was violating campaign finance laws, a key element of criminal intent the government must prove to win a conviction.

"There was no direct evidence that John Edwards knew he was violating campaign contribution laws," Friedland said. "Juries like smoking guns. There were no smoking guns here."

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domingo, 13 de maio de 2012

Judge refuses to dismiss charges against John Edwards

AP  MICHAEL BIESECKERGREENSBORO, 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 the 2008 candidate intentionally violated the law or that some of the alleged offenses actually occurred in the Middle District of North Carolina, the venue where he was indicted.

After two-and-a-half hours of arguments from the defense and rebuttal from the prosecution, the judge ruled quickly from the bench that the government had met its basic burden under the law.

"We will let the jury decide," Eagles said.

Motions to dismiss are routine in criminal trials, but rarely granted. The decision means Edwards' defense team will begin calling its first witnesses Monday, including former Federal Election Commission chairman Scott Thomas, political pollster Harrison Hickman and ex-Edwards attorney Wade Smith.

Lawyers for Edwards said they have not yet determined whether he'll take the stand.

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.

Edwards' lead attorney, Abbe Lowell, made an impassioned argument Friday tearing down the government's evidence piece by piece, saying their case had numerous holes and they were expecting the judge to serve as the "pothole filler."

Chiefly, Lowell said that in 14 days of testimony the government failed to present any direct evidence Edwards intended to violate campaign finance laws when hiding his affair or lying about it to his wife, his campaign and the American people. Lots of cheating husbands lie, Lowell argued.

"They have to prove beyond a reasonable doubt that Mr. Edwards knew he was violating the law and did so with specific intent," Lowell told the judge. "No one is going to deny that Mr. Edwards lied and lied and lied. ... But what did he lie about?"

But Lowell also admitted for the first time that his client had some knowledge his campaign finance chairman Fred Baron was financially supporting his mistress, Rielle Hunter, while she was in hiding. Edwards had previously denied having any knowledge of the cover up orchestrated by two of his closest campaign confidants.

"Mr. Edwards definitely knew she was outside North Carolina, definitely knew she was on a plane and definitely knew that Baron was taking care of things," Lowell said. "No one is denying he knew. But does he know it's in the context of campaign laws?"

As he had argued in pre-trial hearings, Lowell said the government has taken the existing canon of federal campaign finance regulations and stretched them to try to fit conduct where the money was never deposited in a campaign account and wasn't spent for a traditional campaign purpose, such as paying staff or buying political ads.

"That would be like saying that everyone knows murder is against the law, but then applying that law when someone in an argument tells the other person to 'drop dead,' and then the other person does, of a heart attack," he said.

Lowell asked: How was Edwards supposed to know he was violating the law when no one has ever before been charged for the same behavior? He noted former Sen. John Ensign, a Nevada Republican who Lowell also represented, got his wealthy parents to pay a secret "severance package" to a female staff member with whom he had an extramarital affair. Ensign wasn't charged, while Edwards was.

In response to one of Lowell's arguments, Judge Eagles said she thought the law on that point "seems pretty straightforward to me."

"Then I want to make it less straightforward to you," the fast-talking Washington lawyer replied, causing the gallery to erupt in laughter.

Lead prosecutor David V. Harbach wasn't amused. He especially seemed to bristle at the defense lawyer's narrow interpretation of the federal statute being cited by prosecutors. It defines a campaign contribution as anything of value given "for the purpose" of influencing an election.

Just as another of Lowell's famous former clients, Bill Clinton, once tried to parse the meaning of "is" during the Monica Lewinsky scandal, Lowell quibbled with the word "the" in "for the purpose."

Lowell argued "the" means the secret money given by Edwards' donors couldn't be considered a campaign contribution if it was also given for any other reason, such as hiding the affair from his cancer-stricken wife.

"That is not supported by common sense," the prosecutor objected, adding that nothing in the law suggested Congress had intended influencing an election to be the sole possible purpose of a contribution.

"To say 'for a purpose of' offends standard English construction," the exasperated prosecutor turned grammarian said.

Despite their case surviving the defense's motion to dismiss, legal observers in the courtroom agreed with Lowell's assessment that the government's case has been 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."

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 and denied fathering his mistress' baby. Earlier testimony from a parade of former aides and advisers also showed an unappealing side of Edwards, casting him as a liar and lousy husband.

A key question is whether Edwards will take the stand.

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. But his testimony would expose himself to a likely 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 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 would be surprised to see it.

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

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quinta-feira, 10 de maio de 2012

Prosecution to rest case in John Edwards trial

See it on TV? Check here. AP  MICHAEL BIESECKERGREENSBORO, N.C. -- Prosecutors expect to rest their case against John Edwards without calling the former presidential candidate's mistress to the witness stand.

Lead prosecutor David Harbach said in court Wednesday the government expects to finish presenting evidence Thursday with testimony from three federal agents who investigated Edwards. If so, the prosecution will not call Rielle Hunter, the woman whose affair with the married Democrat left him facing six criminal counts related to campaign finance violations.

Defense lawyers also listed Hunter, who has an immunity agreement with the government, as a potential witness. They could still call her to the stand next week.

Prosecutors say Edwards masterminded a plan to use secret payments from two wealthy donors to hide his pregnant mistress during his 2008 campaign. Edwards has pleaded not guilty.

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quarta-feira, 9 de maio de 2012

Obama staffer to take stand at John Edwards trial

AP  MICHAEL BIESECKERGREENSBORO, N.C. -- A former campaign spokeswoman for John Edwards will testify about a 2007 argument where the presidential candidate's wife confronted donors about support for her husband's pregnant mistress.

Jennifer Palmieri is expected to testify at Edwards' corruption trial Wednesday that she was in an Iowa hotel room in October 2007 when Elizabeth Edwards confronted campaign finance chairman Fred Baron and his wife about the couple's financial help to Rielle Hunter. John Edwards was also there.

According to Palmieri, Baron tried to calm Edwards' angry wife by saying Hunter was a "loose cannon" who had to be kept happy, lest she go to the press.

Palmieri is now the deputy communications director for President Barack Obama.

Edwards has pleaded not guilty to six criminal counts related to campaign finance violations.

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Edwards donor says Obama campaign knew about affair

See it on TV? Check here.AP  MICHAEL BIESECKERGREENSBORO, N.C. -- A onetime policy adviser to John Edwards testified Tuesday that he warned Barack Obama's presidential campaign staff in 2008 to look closely at rumors about the former North Carolina senator's infidelity before it considered offering him any position in the administration.

Chapel Hill developer Tim Toben said from the witness stand at Edwards' campaign finance corruption trial that he was astonished when Edwards told him he still had lofty political aspirations over dinner in June of 2008. At the time, Edwards' presidential bid had unraveled but he was still frequently mentioned in media speculation over who might become Obama's running mate or fill his Cabinet.

Toben, however, had firsthand knowledge of Edwards' affair with mistress Rielle Hunter.

"I was alarmed," said Toben, a Democratic donor. "I couldn't believe a man with a 4-month-old baby with another woman would seriously consider running for vice-president."

Toben was also asked about a sex tape the mistress filmed with Edwards, the first testimony about the video introduced before the jury.

During their meal at an upscale Chapel Hill restaurant, Edwards told Toben that he was still popular enough to be a nominee for vice president or for an administration post such as attorney general, Toben said. Toben said he found it "astonishing" that Edwards believed he could still merit such a position. Tabloid reports about the affair had already surfaced at that point.

After the dinner, Toben said he contacted a friend who was North Carolina director of Obama's campaign, and told him that he believed the tabloid reports were true. He advised him that they should take a hard look at Edwards before offering him anything.

Edwards appeared to have some political life left at the time. Before Edwards publicly admitted to the affair in August of 2008, observers had wondered if he would earn a spot in the administration should Obama win - speculation that was reported in the national media. He had been expected to speak at the Democratic National Convention that year, but was left off the schedule after the affair was confirmed.

Toben testified Monday that he learned of the affair after he was asked to transport the pregnant mistress to a private jet hangar around 4 a.m. while she was on the run from tabloid reporters. He later retrieved possessions of Hunter's from a rented house in Chapel Hill that included a signed picture of Edwards. The picture was signed: "I love you, John."

Edwards has pleaded not guilty to six counts alleging campaign finance violations. He faces up to 30 years in prison if convicted. A key issue at the trial is how much Edwards knew about roughly $1 million in secret payments from two wealthy donors, some of which was used to hide Hunter.

The issue of Edwards' political viability between his suspension of his presidential campaign in January 2008 and his admission of the affair is another important topic at the trial. Some of the secret money came after Edwards dropped out of the race, and his defense team argues that those payments can't, therefore, be considered campaign contributions. Prosecutors point out that Edwards' campaign committee continued to exist and that Edwards still hoped to be elected or appointed to public office.

Toben was also asked in front of jurors about a sex tape that showed Edwards and Hunter. The tape was found by the former candidate's key aide, Andrew Young, who helped Hunter stay out of the public eye. Toben was Young's friend and neighbor.

Asked by Edwards' defense lawyers about the "personal and private video," Toben admitted he had jokingly talked to Young about how much the sex tape might be worth. The defense lawyers produced a 2009 email from Toben to Young that said: "Wonder what that tape is worth today?"

Young is now a key witness for prosecutors, and Edwards' lawyers have tried to portray him as greedy and dishonest. Young and his wife have testified that they had no intention of selling the tape but kept it as proof of the affair.

Confronted with email exchanges with Young from 2009, Toben admitted he had called Edwards unflattering and occasionally profane names, but denied he carried any hostility against the politician he once considered a friend.

"I thought he betrayed the trust of the people he spoke for," Toben said, referring to the poverty-stricken Americans whom Edwards sought to represent through philanthropic foundations.

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sexta-feira, 4 de maio de 2012

Interior designer to testify again at John Edwards trial

See it on TV? Check here.AP  MICHAEL BIESECKERGREENSBORO, N.C. -- An interior designer who funneled secret checks from a wealthy heiress to a fundraiser for John Edwards will retake the witness stand at the Democrat's corruption trial.

Bryan Huffman testified Thursday that he received $725,000 in checks from his friend Rachel "Bunny" Mellon and forwarded them to Andrew Young, a fundraiser for Edwards' 2008 presidential campaign. Federal law then limited campaign contributions to $2,300.

Young testified last week that he took some of the money, along with unreported cash from another donor, and used it to help hide Edwards' pregnant mistress from the media. Edwards denies knowing about the payments and has pleaded not guilty to six counts related to campaign finance violations.

Next to testify could be Mellon family lawyer Alex Forger, who confronted Edwards about the money.

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quinta-feira, 3 de maio de 2012

Former Edwards aide retaking stand at boss's trial

See it on TV? Check here.AP  MICHAEL BIESECKERGREENSBORO, N.C. -- A former aide, body man and scheduler for John Edwards who was with the former presidential candidate when he met one of his wealthy donors is taking the stand for a second day at Edwards' trial over possible campaign finance violations.

Matthew Nelson began his testimony Wednesday, the latest in a series of former aides subpoenaed by prosecutors. Nelson worked in several jobs for Edwards and testified he was present at several key events, including the first time Edwards met Rachel "Bunny" Mellon, the heiress who provided most of the secret payments at issue in the case.

Edwards has pleaded not guilty to six counts related to campaign finance violations over nearly $1 million from two supporters used to help hide his pregnant mistress as he sought the White House in 2008.

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quarta-feira, 2 de maio de 2012

Ex-John Edwards aide's wife to retake the stand

AP  MICHAEL BIESECKERGREENSBORO, N.C. -- The wife of an ex-aide to John Edwards is expected to retake the witness stand for a second day of grilling from a defense lawyer for the former presidential candidate.

Cheri Young faced tough questions Monday about whether she had any incentive to lie to hurt Edwards, who has pleaded not guilty to charges related to nearly $1 million solicited from two wealthy campaign supporters used to help hide the married Democrat's pregnant mistress as he sought the White House in 2008.

Young mostly deflected attempts to impugn her credibility by painting Edwards as the liar. She testified earlier that the candidate asked her husband to issue a statement falsely claiming paternity of his child. Edwards' lawyer countered with documents showing the Youngs spent donors' money to build their dream home.

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sábado, 28 de abril de 2012

Defense attacks John Edwards aide's credibilty

AP  MICHAEL BIESECKERGREENSBORO, N.C. -- John Edwards' former aide acknowledged Thursday that much of nearly $1 million in campaign supporters' cash went to build his North Carolina dream house, not to buy the silence of the presidential candidate's pregnant mistress.

Andrew Young testified for a fourth straight day at Edwards' campaign finance fraud trial, peppered with questions from Edwards attorney Abbe Lowell about the money from two donors that flowed into personal accounts controlled by Young and his wife.

Young has said he took secret payments from wealthy donors at Edwards' direction to help conceal the presidential contender's affair with Rielle Hunter and keep his 2008 presidential campaign viable.

Young said the checks secretly provided by a then-96-year-old heiress were mixed with the couple's other house funds, much of which went into renovations and construction of their $1.5 million hilltop house on 10 acres near Chapel Hill, N.C. Young suggested his wife, Cheri, would know more about where all the money went, saying she "is the one who handles the finances in our family."

Young's testimony is considered key to the prosecution's case that while campaigning for the White House, Edwards directed a scheme to use the money from the heiress and a Texas lawyer to conceal his affair with Hunter.

Young initially claimed he was the father of Hunter's daughter and took her into his home with his wife.

Lowell asked Young about numerous changes to the construction of the North Carolina house after the secret payments started coming in, including a pool, home theater and extra bedroom.

At the time, Young and his wife were living with Hunter in a $20,000 a month rental mansion along the California coast, paid for by a wealthy lawyer who served as Edwards' campaign finance chairman.

"We were living out in Santa Barbara and we lost our sense of perspective," Young said on the witness stand. "The house became more and more extravagant."

Edwards denies knowing about the $725,000 in checks from heiress Rachel "Bunny" Mellon sent to Young through her interior designer. In addition to the maximum $2,300 to the Edwards campaign allowed by law, Mellon also provided another $6.4 million to a political action committee and anti-poverty foundation tied to Edwards.

Another $200,000 was given to the Youngs and Hunter by the Texas lawyer, Fred Baron. Records shown at trial documented payments for private jets, five-star hotels and other expenses incurred by Hunter and the Youngs while they were in hiding. Baron died in 2008 of cancer at age 61.

Young testified Thursday he had sent Baron an invoice for many of the expenses the aide had already paid for with money from Mellon. He admitted Baron then wired another $325,000 to the builder constructing the Young's house.

The questions about the cash from Mellon funneled to Young's house came towards the end of a full day of cross-examination, in which Lowell sought to undermine the ex-aide's credibility and paint him as a pathological liar.

Lowell pointed out inconsistencies with Young's account of the scandal at trial this week and in multiple other accounts, including grand jury testimony and his 2010 tell-all book about Edwards.

Referring to the timing of a conversation with a law partner of Edwards, Lowell asked, "And you made that up too, didn't you?"

"No, sir," Young responded.

Lowell asked Young whether he first learned Hunter, was pregnant in May 2007, as his book says: in June 2007, as he testified; or in early July, a date backed by phone records and Hunter's medical records.

The timeline issues could challenge the accounts of conversations Young said he had with Edwards in a car discussing who to ask for money to help take care of Hunter and discussing Hunter's pregnancy.

Young said he couldn't recall the exact date for either event, one of many times on Thursday he admitted he couldn't remember the timing or sequence of events to which he had testified.

Lowell asked Young to recount his story of how Edwards had asked him to claim paternity of Hunter's child on December 13, 2007. Young had said the phone conversation occurred while he was sitting in his car and had looked over to the passenger seat to see a copy of Newsweek magazine with Edwards on the front.

The defense then flashed a photo of that magazine cover up on the screens visible to the jury. It was dated two weeks later.

Seated at the defense table, Edwards appeared more upbeat than in past days, frequently smiling and whispering with his attorneys as Young testified.

Lowell also challenged Young on which amount of money Mellon said she would provide over time to help make Edwards president - $1.2 million, as he testified this week, or $900,000 and $925,000, figures he had previously given.

Young said the number he provided this week is the correct one.

Later in the day, Lowell asked Young whether $1.2 million was also the exact amount of the original construction contract for his house. Young replied that it was just a coincidence, and that $1.2 million was also the price for which they had sold their previous lakefront home in Raleigh, netting a $400,000 profit.

Lowell's cross examination of Young will continue Friday.

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sexta-feira, 23 de dezembro de 2011

John Edwards asks to delay trial, citing illness

See it on TV? Check here.(AP Photo) (AP Photo)

AP  Eyewitness NewsRALEIGH, North Carolina -- Former presidential candidate John Edwards says he has been diagnosed with a medical condition that would make it difficult for him to attend his approaching criminal trial over campaign finances and is asking for it to be delayed.

In a motion filed Thursday, Edwards' lawyers asked a federal judge to delay the start of the Jan. 30 trial for at least two months. They did not disclose his illness and filed sealed records with the court.

"The Defendant has a medical issue ... that will prevent a trial of this matter during the January 2012 Criminal Term," the motion says. "The failure to grant a continuance would be likely to result in a miscarriage of justice."

Members of the defense team could not immediately be reached for comment.

Federal prosecutors filed a separate motion opposing the delay, saying they are ready to try Edwards on six felony and misdemeanor counts related to nearly $1 million from wealthy donors used to help hide his pregnant mistress during his 2008 run for the While House.

Edwards, a Democrat, denies knowingly violating the law and has pleaded not guilty.

The start date of the trial has already been put back once after Edwards said he needed more time to prepare his defense and attend his daughter's wedding.

Edwards appeared healthy last week at a pretrial hearing in the case.

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domingo, 5 de junho de 2011

Feds say Edwards hid mistress to aid campaign

AP  By TOM BREEN and NEDRA PICKLERWINSTON-SALEM, N.C. -- In May 2007, as John Edwards endured ridicule for his $400 haircut, a wealthy supporter fired off a note to a campaign aide, vowing to privately pay for his hair care and other expenses important to his candidacy.

"It is a way to help our friend without government restrictions," Bunny Mellon wrote in a letter cited by federal prosecutors.

Investigators believe there should have been restrictions on the $925,000 in under-the-table money that Mellon and another benefactor ended up providing to support Edwards. It's key to the government's contention that the 2004 Democratic vice presidential nominee broke the law in hiding his pregnant mistress during the final months of his 2008 campaign for the White House.

Prosecutors contend that plan was an illegal conspiracy to evade campaign finance laws. A federal grand jury agreed, returning a six-count indictment of Edwards on Friday, accusing him of conspiracy, taking illegal campaign contributions and making false statements.

"As this indictment shows, we will not permit candidates for high office to abuse their special ability to access the coffers of their political supporters to circumvent our election laws," said Assistant Attorney General Lanny Breuer, head of the Justice Department's criminal division.

Edwards, 57, pleaded not guilty and was released without bail on the condition he surrender his passport and not leave the continental U.S.

"There's no question that I've done wrong. And I take full responsibility for having done wrong. And I will regret for the rest of my life the pain and the harm that I've caused to others," Edwards said outside the courthouse. "But I did not break the law, and I never, ever thought I was breaking the law."

A former trial lawyer who won multimillion-dollar verdicts with the same formidable powers of persuasion that propelled his political career, Edwards now faces the prospect of a lurid trial and the possibility of both prison time and the loss of his license to practice law.

The charges came after a two-year FBI investigation into the former North Carolina senator. Investigators narrowed the scope of their work to focus on money from two wealthy backers that went to keep Edwards' then-pregnant mistress, Rielle Hunter, in hiding at the height of his 2008 White House campaign.

In an aggressive and apparently novel application of the law, prosecutors said the money constituted campaign contributions because it was intended to protect Edwards' political career from ruin. They said the spending was illegal because Edwards should have reported it on his campaign finance filings and because it exceeded the $2,300-per-person limit on contributions.

"A centerpiece of Edwards' candidacy was his public image as a devoted family man," the indictment said. "Edwards knew that public revelation of the affair and the pregnancy would destroy his candidacy by, among other things, undermining Edwards' presentation of himself as a family man and by forcing his campaign to divert personnel and resources away from other campaign activities to respond to criticism and media scrutiny regarding the affair and pregnancy."

Defense attorney Gregory Craig called the case unprecedented and said there was no way anyone, including Edwards, should have known that the payments should have been treated as campaign contributions.

"He has broken no law, and we will defend this case vigorously," Craig said.

Citizens for Responsibility and Ethics, a Washington watchdog group often critical of the Justice Department for failing to pursue wrongdoing by government officials, was a surprising critic, with executive director Melanie Sloan, a former prosecutor, saying the case was remarkably weak. While Sloan called Edwards' conduct despicable, she said "no court has ever interpreted the definition of campaign contribution this broadly."

If convicted, Edwards faces a maximum penalty of five years in prison and a $250,000 fine on each of the six counts. First-time white-collar offenders in federal cases are usually not sent to prison, but the Justice Department typically presses for at least a short stint behind bars for public officials.

Prosecutors moved ahead with the indictment after negotiations to get Edwards to plead guilty to reduced charges proved fruitless, according to people with knowledge of the discussions. Prosecutors had insisted on a plea to a felony, which would endanger Edwards' law license and his hopes of working as an attorney for the poor.

With Edwards' political career already in ruins, a trial could destroy any hope he may have had of rehabilitating his image, spilling out the sordid details of how he cheated on his cancer-stricken wife Elizabeth Edwards and then publicly disavowed Hunter's baby daughter as his own.

The centerpiece of the investigation has been the hundreds of thousands of dollars provided by two wealthy Edwards supporters - Fred Baron, his former campaign finance chairman, and Mellon, the 100-year-old widow of banking heir Paul Mellon.

Prosecutors said $725,000 from Mellon and $200,000 from Baron was used to pay for Hunter's living and medical expenses and for chartered airfare, luxury hotels and rental of a house in Santa Barbara, Calif., to keep her hidden from the public.

Former campaign staffer Andrew Young, who initially claimed to be the father of Hunter's child to protect his boss, has said that Edwards was aware of the financial support and agreed to solicit money directly from Mellon.

Mellon sent her money through her decorator, sometimes hidden in boxes of chocolates. On the memo lines of her checks, she listed items of furniture such as "chairs," "antique Charleston table" and "book case" to hide the true purpose, according to the indictment.

With one of Edwards' former campaign rivals, Barack Obama, now sitting in the White House, the case contains a measure of political intrigue. While the case was overseen by top Justice Department officials in Washington, it was put together by U.S.

Attorney George Holding, a Republican-appointed holdover who stayed on the job to finish the probe at the request of North Carolina's senators.

Edwards' rapid rise to the pinnacle of American politics was outmatched only by the speed of his downfall. In his first run for public office, he landed in the Senate, defeating Republican incumbent Lauch Faircloth in 1998. Massachusetts Sen. John Kerry, the Democratic presidential nominee in 2004, selected Edwards as his running mate that year.

Hunter was hired to shoot behind-the-scenes video footage of Edwards as he geared up for a second run for the White House. She was paid about $200,000.

Edwards, who abandoned his bid in early 2008, initially denied having an affair with Hunter but eventually admitted to it in the summer of 2008. He also denied being the father of her child before finally confessing last year. His wife died of cancer in December.

Since 2008, Edwards has largely remained out of the spotlight, emerging for a trip to Haiti after the earthquake, for various sporting events with his children and for his wife's funeral.

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sábado, 4 de junho de 2011

Edwards indicted in $925K mistress cover-up

AP  By TOM BREEN and NEDRA PICKLERWINSTON-SALEM, N.C. -- John Edwards acknowledged he has "done wrong" and hurt others but strongly denied breaking the law after federal prosecutors charged him Friday with using $925,000 in under-the-table campaign contributions to hide his pregnant mistress during his 2008 run for president.

The former U.S. senator and two-time Democratic presidential hopeful was indicted on six felony charges that he violated campaign finance laws in a desperate bid to protect both his White House hopes and his image as a devoted family man.

Edwards, 57, pleaded not guilty and was released without bail on the condition he surrender his passport and not leave the continental U.S.

A former trial lawyer who won multimillion-dollar verdicts with the same formidable powers of persuasion that propelled his political career, he now faces the prospect of a lurid trial and the possibility of both prison time and the loss of his license to practice law.

"There's no question that I've done wrong. And I take full responsibility for having done wrong. And I will regret for the rest of my life the pain and the harm that I've caused to others," Edwards said outside the courthouse. "But I did not break the law, and I never, ever thought I was breaking the law."

The charges came after a two-year FBI investigation into the former North Carolina senator's use of money from two wealthy backers to send his pregnant mistress, Rielle Hunter, into hiding in 2007 and 2008, at the height of his White House campaign.

"A centerpiece of Edwards' candidacy was his public image as a devoted family man," the indictment said. "Edwards knew that public revelation of the affair and the pregnancy would destroy his candidacy by, among other things, undermining Edwards' presentation of himself as a family man and by forcing his campaign to divert personnel and resources away from other campaign activities to respond to criticism and media scrutiny regarding the affair and pregnancy."

In an aggressive and apparently novel application of the law, prosecutors said the money constituted campaign contributions because it was intended to protect Edwards' political career from ruin. They said the spending was illegal because Edwards should have reported it on his campaign finance filings and because it exceeded the $2,300-per-person limit on contributions.

"As this indictment shows, we will not permit candidates for high office to abuse their special ability to access the coffers of their political supporters to circumvent our election laws," said Assistant Attorney General Lanny Breuer, head of the Justice Department's criminal division.

Edwards' defense team argued in recent days that the money did not constitute campaign contributions because it was intended to hide the affair from his wife, Elizabeth, not to aid his campaign. She died of cancer last December.

Defense attorney Gregory Craig called the case unprecedented and said there was no way anyone, including Edwards, should have known that the payments should have been treated as campaign contributions.

"He has broken no law, and we will defend this case vigorously," Craig said outside the courthouse.

Citizens for Responsibility and Ethics, a Washington watchdog group often critical of the Justice Department for failing to pursue wrongdoing by government officials, was a surprising critic, with executive director Melanie Sloan saying the case was remarkably weak. While Sloan called Edwards' conduct despicable, she said "no court has ever interpreted the definition of campaign contribution this broadly."

Edwards was charged with conspiracy, receiving illegal campaign contributions and making false statements for keeping the spending off of the campaign's public finance reports.

If convicted, he faces a maximum penalty of five years in prison and a $250,000 fine on each of the six counts. First-time white-collar offenders in federal cases are usually not sent to prison, but the Justice Department typically presses for at least a short stint behind bars for public officials.

Prosecutors moved ahead with the indictment after negotiations to get Edwards to plead guilty to reduced charges proved fruitless, according to people with knowledge of the discussions. Prosecutors had insisted on a plea to a felony, which would endanger Edwards' law license and his hopes of working as an attorney for the poor.

With Edwards' political career already in ruins, a trial could destroy any hope he may have had of rehabilitating his image, spilling out the sordid details of how he cheated on his cancer-stricken wife and then publicly disavowed Hunter's baby daughter as his own.

The centerpiece of the investigation has been the hundreds of thousands of dollars provided by two wealthy Edwards supporters - Fred Baron, his former campaign finance chairman, and Rachel "Bunny" Mellon, the 100-year-old widow of banking heir Paul Mellon.

Prosecutors said $725,000 from Mellon and $200,000 from Baron was used to pay for Hunter's living and medical expenses and for chartered airfare, luxury hotels and rental of a house in Santa Barbara, Calif., to keep her hidden from the public.

Former campaign staffer Andrew Young, who initially claimed to be the father of Hunter's child to protect his boss, has said that Edwards was aware of the financial support and agreed to solicit money directly from Mellon.

Mellon sent her money through her decorator, sometimes hidden in boxes of chocolates. On the memo lines of her checks, she listed items of furniture such as "chairs," "antique Charleston table" and "book case" to hide the true purpose, according to the indictment.

With one of Edwards' former campaign rivals, Barack Obama, now sitting in the White House, the case contains a measure of political intrigue. While the case was overseen by top Justice Department officials in Washington, it was put together by U.S. Attorney George Holding, a Republican-appointed holdover who stayed on the job to finish the probe at the request of North Carolina's senators.

Edwards' rapid rise to the pinnacle of American politics was outmatched only by the speed of his downfall. In his first run for public office, he was elected to the Senate in 1998, defeating Republican incumbent Lauch Faircloth. U.S. Sen. John Kerry, the Democratic presidential nominee in 2004, selected Edwards as his running mate that year.

Hunter was hired to shoot behind-the-scenes video footage of Edwards as he geared up for a second run for the White House. She was paid about $200,000.

Edwards, who abandoned his presidential bid in early 2008, initially denied having an affair with Hunter but eventually admitted to it in the summer of 2008. He also denied being the father of her child before finally confessing last year.

Since 2008, Edwards has largely remained out of the spotlight, emerging for a trip to Haiti after the earthquake, for various sporting events with his children and for his wife's funeral.

---
Pickler reported from Washington and can be reached at http://twitter.com/nedrapickler . Associated Press writer Mike Baker contributed to this report from Raleigh and can be reached at http://twitter.com/MikeBakerAP.

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domingo, 29 de maio de 2011

Edwards could be indicted within days

ABCNews  WASHINGTON -- The United States Department of Justice has green-lighted the prosecution of former presidential candidate John Edwards for alleged violations of campaign laws while he tried to cover up an extra-marital affair, ABC News has learned.

A source close to the case said Edwards is aware that the government intends to seek an indictment and that the former senator from North Carolina is now considering his limited options. He could accept a plea bargain with prosecutors or face a potentially costly trial.

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quarta-feira, 25 de maio de 2011

US Green-Lights John Edwards Prosecution

The United States Department of Justice has green-lighted the prosecution of former presidential candidate John Edwards for alleged violations of campaign laws while he tried to cover up an extra-marital affair, ABC News has learned.

A source close to the case said Edwards is aware that the government intends to seek an indictment and that the former senator from North Carolina is now considering his limited options. He could accept a plea bargain with prosecutors or face a potentially costly trial.

Edwards has been the focus of a lengthy federal investigation focusing on hundreds of thousands of dollars allegedly provided by two wealthy supporters. The government will contend those were illegal donations that ultimately went to support and seclude his mistress, Rielle Hunter.

Hunter was a campaign videographer with whom Edwards had a lengthy affair that resulted in a daughter, Frances Quinn Hunter, now three years old.

If the case were to proceed to trial, legal experts said, the government would have to prove that the intent of the donations was to cover-up the affair so that Edwards could continue his pursuit of the 2008 Democratic nomination for president.

The government's case against Edwards is expected to rely heavily on Andrew Young, a former close aide to Edwards who falsely claimed paternity of Hunter's child three weeks before the Iowa caucuses.

Young testified before a grand jury for nine hours in 2009, and also wrote a tell-all book that alleged Edwards was the mastermind of a well-funded, well-orchestrated plan to keep the affair from becoming public.

Edwards acknowledged paternity of the child last year, but has steadfastly maintained that he has broken no laws.

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