Tag: John Edwards trial (page 2)

The Judge in the John Edwards trial heard two hours of argument today on the defense motion for judgment of acquittal and denied the motion.

She ruled there was enough evidence to let the case be decided by the jury. She did express reservations about whether the Government had proved venue in Middle District of North Carolina.

If the defense chooses to present witnesses, it will do so beginning Monday. As I wrote last night, the Government is now seeking a jury instruction on "Sympathy" which leads me to believe it is concerned the defense will present at least one witness whose testimony might evoke sympathy for John Edwards. I can't think of anyone other than Cate Edwards who might fit in that category.

Right before the Government rested today, it was allowed to play the entire 2008 interview John Edwards gave to 20/20, in which he acknowledged having a brief affair with Rielle Hunter that had ended a long time ago, and in which he said Elizabeth knew all about it. Also in the interview, Edwards said:

"I have never asked anybody to pay a dime of money. Never been told that any money has been paid. Nothing has been done at my request."

Even if all three of those statements were a lie, John Edwards would be not guilty if the funds provided by Baron and Mellon were not "campaign contributions" as defined by the federal campaign finance statutes. [More..]

The Government will rest its case against John Edwards today. According to the Charlotte Observer, the final three witnesses will be law enforcement officers. According to another account, one of the final witnesses will be Leo H. Hindery, Jr., a Democratic power player and former cable magnate who became the Edwards campaign's senior economic policy advisor in June, 2007. Hindery switched his support to Obama after Edwards dropped out,

What would he testify to? Possibly that Edwards' was interested in being Attorney General if Obama won the election. From Game Change by John Heilemann and Mark Halperin (Saint Elizabeth and the Ego Monster): [More...]

Update: The Government won't call Rielle Hunter at all. It will rest tomorrow.

The judge in the John Edwards trial read today's list of witnesses in court this morning. There are six, not including speechwriter Wendy Button who resumed testifying this morning. Rielle Hunter was not on the list. The Government has said it expects to wrap up its case tomorrow.

The Government could, of course, call Hunter tomorrow -- even close its case with her . There would be a certain symmetry to that -- opening with Andrew Young and closing with Rielle Hunter.

I think it's too dangerous for the Government. I gave my theories here which I think are still valid. [More...]

Bunny Mellon's lawyer, Alexander Forger, put some serious dents in the Government's case today.

"She liked him as an individual, as a person. It wasn't because he was running for president," he testified. "If he wanted to be president of Duke University, she would have supported that...."One of her basic values is loyalty as a friend," he continued.

[More...]

At the end of court Friday, the Government said it expected to wrap its case up by next Thursday. It provided the names of the next six witnesses it would call, and Rielle Hunter wasn't one of them.

Alexander Forger, Bunny Mellon's lawyer, will be back on the stand Monday morning, to face cross-examination by Team Edwards.

Why would the Government not call Rielle Hunter? First, even though she has immunity from prosecution, she seems to be helping Edwards. Two of Edwards lawyers at trial represented her in the civil suit against Andrew Young. She filed a waiver of conflict of interest, saying she had no objection to them representing Edwards. The Government may think it has a better shot with her if they can cross-examine her as a witness when John Edwards puts her on. I'm not convinced John Edwards will call her either. Would you want her affecting the jury that decided your case? [More...}

After Alex Forger, Bunny Mellon's lawyer finishes ross-examination, the next witness may be Nick Baldick. He was a grand jury witness who was told he was not a target.

Baldick,put Andrew Young on the payroll of private companies under his control after Edwards directed Andrew Young be removed from working on the campaign. It was at this time Andrew's duties changed to babysitting Hunter while they tried to hide out from the media. [More...]

As John Edwards attorneys challenged Cheri Young's memory and version of events at trial today, including questioning her about Andrew Young's memory issues due to use of alcohol and Ambien, they also filed a motion to strike some of the testimony she gave yesterday. Alternatively, they are asking the Court to give the jury a limiting instruction as to the purposes for which it can her statements. The motion is available on PACER.

Of particular concern to the defense is Mrs. Young's testimony corroborating what her husband told her about whose idea it was for Young to claim he was the father of Rielle Hunter's child back in December, 2007. [More...]

The jury is expected to hear opening arguments today in the federal trial of John Edwards taking place in North Carolina. Here's a primer on what to watch for. An overview is here. The key questions are here.

While in many ways it will be the trial of Andrew Young vs. John Edwards, and whether Team Edwards can effectively impeach Mr. Young’s credibility, it's also going to be a very technical trial about the interpretation of campaign finance laws.

The Indictment is here. There are six charges. [More...]

Among the bevy of motions to dismiss filed by lawyers for John Edwards yesterday, the most interesting to the public should be the motion to dismiss for abuse of prosecutiorial discretion and prosecutorial vindictiveness.

Edwards says former U.S. Attorney George Holding, now running for Congress, investigated him searching for a crime, rather than investigating a crime and searching for the culprit. He says Holding was driven by prior animosity and conflict with Edwards and Holding's own political ambitions.

The brief supporting the motion is 32 pages, I've posted the Statement of Facts here and some of the allegations below.

The crux of the argument by Team Edwards (which now consists of Abbe Lowell, James P Clooney, III and Wade Smith -- Gregory Craig and Skadden Arps are no longer on the case) is : [More...]