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| John Edwards campaign fraud case likely to be abandoned | John Edwards campaign fraud case likely to be abandoned |
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| The US justice department is expected to abandon its prosecution of John Edwards, the disgraced former vice-presidential candidate, after his trial for allegedly accepting illegal campaign funds to cover up an extramarital affair and paternity of a child collapsed in chaos. | The US justice department is expected to abandon its prosecution of John Edwards, the disgraced former vice-presidential candidate, after his trial for allegedly accepting illegal campaign funds to cover up an extramarital affair and paternity of a child collapsed in chaos. |
| Edwards, 58, walked free from a North Carolina court on Thursday after a jury cleared him of one count of breaching campaign finance laws by accepting hundreds of thousands of dollars from a wealthy supporter, Rachel "Bunny" Mellon, to cover up his infidelity, and pronounced itself deadlocked on five other charges. | Edwards, 58, walked free from a North Carolina court on Thursday after a jury cleared him of one count of breaching campaign finance laws by accepting hundreds of thousands of dollars from a wealthy supporter, Rachel "Bunny" Mellon, to cover up his infidelity, and pronounced itself deadlocked on five other charges. |
| The judge declared a mistrial. The US justice department must now decide whether to retry the case, which further damaged the reputation of a politician who cheated on his wife while she was dying of cancer, fathered a child out of wedlock and persuaded an aide to falsely claim paternity, and then lied about it all on television. But however the jury may have regarded Edwards personally, it could not agree that he was a criminal. | The judge declared a mistrial. The US justice department must now decide whether to retry the case, which further damaged the reputation of a politician who cheated on his wife while she was dying of cancer, fathered a child out of wedlock and persuaded an aide to falsely claim paternity, and then lied about it all on television. But however the jury may have regarded Edwards personally, it could not agree that he was a criminal. |
| Legal experts said they thought it unlikely that the justice department will seek another trial. | Legal experts said they thought it unlikely that the justice department will seek another trial. |
| "I thought this [prosecution] was an overreach from the beginning," said Professor Richard Hasen, an expert in election finance law at at Loyola Law School in Los Angeles. "You're dealing with a murky area of campaign finance law. If they couldn't convict such an odious character as John Edwards the first time, with a jury that spent considerable time and thought examining all the evidence in excruciating detail, what would make them think they'd have a better chance after the word has gotten out that they didn't get a conviction the first time? It's hard to understand why they brought this case to begin with." | "I thought this [prosecution] was an overreach from the beginning," said Professor Richard Hasen, an expert in election finance law at at Loyola Law School in Los Angeles. "You're dealing with a murky area of campaign finance law. If they couldn't convict such an odious character as John Edwards the first time, with a jury that spent considerable time and thought examining all the evidence in excruciating detail, what would make them think they'd have a better chance after the word has gotten out that they didn't get a conviction the first time? It's hard to understand why they brought this case to begin with." |
| Robert Mintz, a former federal prosecutor, also thinks it unlikely the justice department will continue to pursue the case. | Robert Mintz, a former federal prosecutor, also thinks it unlikely the justice department will continue to pursue the case. |
| "Typically prosecutors do retry cases in which they do not get a conviction but this may be the exception," he said. "The judge was generally favourable to the government throughout this trial, given the state of the law and the facts of the case, the likelihood is they would receive the same verdict. It's hard to imagine that this case will get better for them ahead of another trial." | "Typically prosecutors do retry cases in which they do not get a conviction but this may be the exception," he said. "The judge was generally favourable to the government throughout this trial, given the state of the law and the facts of the case, the likelihood is they would receive the same verdict. It's hard to imagine that this case will get better for them ahead of another trial." |
| Professor Steven Friedland of the Elon University law school, who attended much of the trial, said the prosecution failed because although Edwards "definitely misbehaved" the jury would have been confused by untested and confusing law. | Professor Steven Friedland of the Elon University law school, who attended much of the trial, said the prosecution failed because although Edwards "definitely misbehaved" the jury would have been confused by untested and confusing law. |
| "The evidence was often inconclusive and indirect. There was no smoking gun," he said. "It was a technical and difficult issue as to what was a campaign contribution. Ironically the tawdry nature of the case seemed to have been a distraction." | "The evidence was often inconclusive and indirect. There was no smoking gun," he said. "It was a technical and difficult issue as to what was a campaign contribution. Ironically the tawdry nature of the case seemed to have been a distraction." |
| Friedland said the justice department could still pursue the case if it simplified it and narrowed the charges. | Friedland said the justice department could still pursue the case if it simplified it and narrowed the charges. |
| "This is going to be a big decision for the government because it has significant implications for how the government is going forward with high profile prosecutions," he said. | "This is going to be a big decision for the government because it has significant implications for how the government is going forward with high profile prosecutions," he said. |
| Edwards, who faced up to 30 years in prison if convicted, did not criticise prosecutors for bringing the case. "I want to make sure that everyone hears from me and from my voice that while I do not believe I did anything illegal, or ever thought I was doing anything illegal, I did an awful awful lot that was wrong and there is no one else responsible for my sins. None of the people who came to court and testified is responsible. Nobody working for the government is responsible. I am responsible," he said. | Edwards, who faced up to 30 years in prison if convicted, did not criticise prosecutors for bringing the case. "I want to make sure that everyone hears from me and from my voice that while I do not believe I did anything illegal, or ever thought I was doing anything illegal, I did an awful awful lot that was wrong and there is no one else responsible for my sins. None of the people who came to court and testified is responsible. Nobody working for the government is responsible. I am responsible," he said. |
| Edwards spoke emotionally about the daughter resulting from his affair, whom he said he was "so grateful for". | Edwards spoke emotionally about the daughter resulting from his affair, whom he said he was "so grateful for". |
| But he may have alarmed Americans who would rather not hear any more about him by suggesting he is not going to fade away. "I don't think God's through with me. I really believe he thinks there's some good things I can do," he said. | But he may have alarmed Americans who would rather not hear any more about him by suggesting he is not going to fade away. "I don't think God's through with me. I really believe he thinks there's some good things I can do," he said. |
| Before the trial, Edwards claimed the prosecution was political because it was pursued by George Holding, a US attorney who is now running for Congress in a North Carolina constituency as a Republican. | Before the trial, Edwards claimed the prosecution was political because it was pursued by George Holding, a US attorney who is now running for Congress in a North Carolina constituency as a Republican. |
| But while the verdict will allow Edwards to keep his licence as a lawyer, his political career is finished. | But while the verdict will allow Edwards to keep his licence as a lawyer, his political career is finished. |
| The trial provided an insight into events behind the scenes as he fought with his dying wife, Elizabeth, his aides and ultimately his political ambitions to keep a lid on his relationship with his pregnant mistress, Rielle Hunter, while trying to run as a Democratic presidential candidate in 2008. | The trial provided an insight into events behind the scenes as he fought with his dying wife, Elizabeth, his aides and ultimately his political ambitions to keep a lid on his relationship with his pregnant mistress, Rielle Hunter, while trying to run as a Democratic presidential candidate in 2008. |
| At one point the wife of Andrew Young, a key political aide to the former senator, told the jury of the heartache Edwards put her family through when he persuaded her husband to publicly claim he was the father of Hunter's child. | At one point the wife of Andrew Young, a key political aide to the former senator, told the jury of the heartache Edwards put her family through when he persuaded her husband to publicly claim he was the father of Hunter's child. |
| The jury also heard from Jennifer Palmieri, a close friend of Edwards' wife, who broke down in tears as she spoke of Elizabeth's final days, where she feared dying alone without "a man around to love her". Despite the separation, Edwards was at his wife's side when she died. | The jury also heard from Jennifer Palmieri, a close friend of Edwards' wife, who broke down in tears as she spoke of Elizabeth's final days, where she feared dying alone without "a man around to love her". Despite the separation, Edwards was at his wife's side when she died. |
| The former senator for North Carolina campaigned for president four years ago promising to bridge the gap between rich and poor, before he dropped out in January 2008. He was the Democratic vice presidential nominee in 2004. | The former senator for North Carolina campaigned for president four years ago promising to bridge the gap between rich and poor, before he dropped out in January 2008. He was the Democratic vice presidential nominee in 2004. |
| Revelations of affair | Revelations of affair |
| His political ambitions ended after revelations of his affair with Hunter. He admitted the affair in August 2008 but continued to deny he was the father of her chid until 2010. His wife, who had breast cancer, separated from him shortly afterwards. She died in December 2010. | His political ambitions ended after revelations of his affair with Hunter. He admitted the affair in August 2008 but continued to deny he was the father of her chid until 2010. His wife, who had breast cancer, separated from him shortly afterwards. She died in December 2010. |
| Edwards was indicted in June last year on six counts, four of them relating to whether he accepted illegal contributions to influence the outcome of the campaign. Each charge carried a penalty of up to five years in prison and a $250,000 fine. | Edwards was indicted in June last year on six counts, four of them relating to whether he accepted illegal contributions to influence the outcome of the campaign. Each charge carried a penalty of up to five years in prison and a $250,000 fine. |
| The federal government's case centred on $700,000 that an heiress, Rachel "Bunny" Mellon, now 101 years old, and another wealthy donor paid for the expenses of Hunter, a campaign videographer. | The federal government's case centred on $700,000 that an heiress, Rachel "Bunny" Mellon, now 101 years old, and another wealthy donor paid for the expenses of Hunter, a campaign videographer. |
| It argued that Edwards violated campaign finance laws by the undisclosed expenses, which were channelled via Young. | It argued that Edwards violated campaign finance laws by the undisclosed expenses, which were channelled via Young. |
| The jury, of eight men and four women, found him not guilty of illegally using campaign finances when directing Young to use money from two wealthy donors to conceal his affair with Hunter, her pregnancy and Frances Quinn Hunter, the daughter she bore him. | The jury, of eight men and four women, found him not guilty of illegally using campaign finances when directing Young to use money from two wealthy donors to conceal his affair with Hunter, her pregnancy and Frances Quinn Hunter, the daughter she bore him. |
| Much of the trial, in Greensboro, North Carolina, focused on Young, who testified with immunity. The prosecution admits that he did a lot wrong, including claiming paternity of Hunter's child and keeping money intended for Hunter. | Much of the trial, in Greensboro, North Carolina, focused on Young, who testified with immunity. The prosecution admits that he did a lot wrong, including claiming paternity of Hunter's child and keeping money intended for Hunter. |
| However, while Young identified Edwards as being behind the cover-up, he also testified that his boss had assured him the financial arrangement via the Youngs to Hunter was perfectly legal. | However, while Young identified Edwards as being behind the cover-up, he also testified that his boss had assured him the financial arrangement via the Youngs to Hunter was perfectly legal. |
| Laura Haggard, the chief financial officer for Edwards' 2008 campaign told the jury of a mandatory Federal Election Commission audit of the campaign funds. She said the FEC determined the campaign had received no excessive contributions and closed the audit without reporting donations from Mellon or the other donor, Fred Baron, as campaign contributions. | Laura Haggard, the chief financial officer for Edwards' 2008 campaign told the jury of a mandatory Federal Election Commission audit of the campaign funds. She said the FEC determined the campaign had received no excessive contributions and closed the audit without reporting donations from Mellon or the other donor, Fred Baron, as campaign contributions. |
| Edwards' defence was that the money was a personal gift from friends and that Young was behind the scenes, siphoning much of the money for himself and his wife, Cheri, to build a luxury home in Chapel Hill. | Edwards' defence was that the money was a personal gift from friends and that Young was behind the scenes, siphoning much of the money for himself and his wife, Cheri, to build a luxury home in Chapel Hill. |
| Defence attorney Abbe Lowell said the case rested on the difference between a wrong and a crime. | Defence attorney Abbe Lowell said the case rested on the difference between a wrong and a crime. |
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