John Edwards Trial: U.S. Court Looks At Possible Lawyer Conflict
Source: huffingtonpost
GREENSBORO, N.C. Former presidential candidate John Edwards got his wish Thursday and is changing his defense team ahead of his criminal trial on charges of campaign finance violations, hiring the same attorneys who once helped his mistress in a lawsuit over the couple's alleged sex tape.
The former U.S. senator from North Carolina testified under oath that he understood a jury might puzzle over the fact that lawyers Alan Duncan and Allison Van Laningham would be representing him after previously representing his mistress, Rielle Hunter.
Edwards faces charges that he broke federal campaign finance laws, allegedly using nearly $1 million from two wealthy donors to hide the pregnant mistress and prevent a scandal from erupting as he campaigned for the White House in 2008. He has pleaded not guilty.
http://www.huffingtonpost.com/2012/03/15/john-edwards-trial_n_1347022.html?1331815279&icid=maing-grid7%7Cmain5%7Cdl18%7Csec3_lnk1%26pLid%3D143942
Read more: http://www.huffingtonpost.com/2012/03/15/john-edwards-trial_n_1347022.html?1331815279&icid=maing-grid7%7Cmain5%7Cdl18%7Csec3_lnk1%26pLid%3D143942
MADem
(135,425 posts)I remember that after the heartbeat irregularity business, the judge said they were getting on it not later than the end of March. Now it looks like the show doesn't start till the middle of April.
Wouldn't it be odd if he MARRIED her....is there any truth to that TV and movie thing that a wife cannot be compelled to testify against her husband? Would spousal/marital privilege control in this instance?
That would gum up the works, certainly.
I'd put nothing past him, frankly.
loudsue
(14,087 posts)He's not done the decent thing in a long time.
Myrina
(12,296 posts)You'd want to grow up with a "father" you know is a lying asshole?
No thanks, I'd rather be a bastard ...
loudsue
(14,087 posts)MADem
(135,425 posts)24601
(3,962 posts)married. Things before or after don't qualify.
MADem
(135,425 posts)He slept with a co-worker in North Carolina while he was making "The Big Chill" and she sued him blue for palimony--the court ruled that they were common-law married.
I'll bet JE will work it six ways to Sunday.
24601
(3,962 posts)new ground to charge bigamy.
MADem
(135,425 posts)I know, I'm being a little snarky, but one never knows!
I really don't know how he'll play it--it's interesting to speculate, though. He's probably a pretty wily lawyer, he has managed to drag this process out for a long time.
24601
(3,962 posts)one where you have to play by the law - and the other where John Edwards is free to do whatever feels good."
happyslug
(14,779 posts)Last edited Mon Mar 26, 2012, 02:11 AM - Edit history (1)
Prior to the Council of Trent, MOST marriages were "Common Law Marriages". Such marriages were and are valid Marriages. To end such a Marriage the Couple MUST get a normal divorce.
For this reason a Common Law Marriages is viewed to be the same as a ceremonial marriage (i,e. the same as if you went to a Church OR a Justice of the Peace). Prior to the Council of Trent, the most common marriage was for a couple to go to the Village Church and exchange vows of marriage, then the Couple and the Village would enter the Church were the Village Priest would bless the Marriage (The blessing by the Church was NOT needed to have a valid Common Law Marriage, all that was needed was an exchange of vows). The Council of Trent ended this in Catholic Areas, Protestant Areas took another 200 years to end such Common Law Marriages (Early 1700s for England and the rest of Great Britain).
The English rule did NOT apply overseas. Thus after the American Revolution each State had to outlaw Common law Marriages, Pennsylvania did it effective January 1st, 2005. If the Common law Marriages was entered into prior to that date it is still a valid marriage, but you can NOT enter into a Valid Common Law Marriage after that date in Pennsylvania.
Just pointing out that a Common Law Marriage was and is a Valid Marriage, but to end such a marriage you need a regular divorce.
North Carolina does NOT recognize Common Law Marriage:
http://www.unmarried.org/common-law-marriage-fact-sheet.html
happyslug
(14,779 posts)Last edited Mon Mar 26, 2012, 02:07 AM - Edit history (1)
Most States still follow the traditional rule that a Defendant can prevent his or her spouse from testifying against the defendant except in divorce and child custody cases (where it is clear split in the marriage). Thus still a good rule in most state courts.
On the other hand, the federal courts has taken the position that it is an option up to the spouse of the defendant not the defendant. i.e the spouse who is NOT the defendant i.e. a wife can testify against her husband if she wants to.
Since this is a Federal case, the Federal rule applies.
MADem
(135,425 posts)a risk of jail...
graham4anything
(11,464 posts)the biggest sleazeballs in either party are the Edwards.
their biggest thing they idol'd was themselves and their ego.
I still remember the look on John Kerry's face on tv when he knew he was forced to pick him as Veep, and sure enough seconds later the Edwards contingen started whispering the ticket should be reversed.
and what damage he would have done in 2008 to the democrats forever had he been on a ticket.
simply mind boggling how evil.
imho of course.
btw-they say he wants another kid? What about his heart condition he allegedly has?
MADem
(135,425 posts)If I were an Edwards girlchild, I don't know how secure I'd feel in my father''s love.
He didn't get on a "kid" kick until his son was killed in that unfortunate car accident.
Elizabeth had to go through hormone treatments twice (which probably gave her cancer, which can affect one's disposition--like I imagine a cheating husband can do, as well) because the first of the Post-Wade children was a girl.
He has a heart arrhythmia-which is probably a function of terror; pure terror at the prospect of having to go to jail.
He should go visit the recently incarcerated governor of IL and get some coping tips from him.
I don't have any sympathy for him. He really used and abused the trust of "the little people" (which is how I think he viewed them from his overlarge home) with his Two Americas/Kitchen Table crap. So many people "dug deep" to support the guy, and he repaid them with duplicity, greed and prevarication.
EFerrari
(163,986 posts)and probably no more and no less sleazy than the group as a whole.
BlueStater
(7,596 posts)It's arguable that he isn't even the sleaziest in the Democratic party and he certainly isn't among the Repukes.
pmorlan1
(2,096 posts)Yeah, it's really evil cheating on your wife and lying about it. It's a good thing we elected a Democratic President who doesn't cheat on his wife. Hey so what if he claims the right to assassinate Americans without due process, at least he doesn't cheat on his wife. Whew...we sure dodged a bullet on that one. G4V you haven't changed a bit. lol How's that hot tub? lol noretreatnosurrender. lol
graham4anything
(11,464 posts)finally, a friend (or someone I know) in this large site. very hard to bump into someone here
Now I do admire loyalty
pmorlan1
(2,096 posts)I heard about CGCS going under. Sorry to hear that but I'm sure you will enjoy posting at DU too once you get the lay of the land. I'm not a moderator on this forum just a participant like you. lol
JI7
(89,260 posts)Kerry was already being attacked when those rumors about how he had picked GEphardt came out. some newsaper had reported it.
Major Hogwash
(17,656 posts)Incredible. Yet, some here won't even give Edwards a chance to have a fair trial, having already convinced themselves that he is guilty.
It's a sad state of affairs in this country when a man can't even go to court before being pronounced guilty.
graham4anything
(11,464 posts)actually, not true about Cheney and Bush
they have not gotten away scot-free, as evidence by the fact that Jeb Bush IS NOT ever going to be president because
of Bush/Cheney and solely because of Bush/Cheney
he wants to be
but as long as WE the people don't vote for him because of W and his dad, Jeb will not
and that is good enough for me.
Meanwhile, Edwards also never will be President. THANK GOD and Obama and Hillary for seeing that he was not named to the ticket, and to quote an old Garth Brooks song, about 2004, "sometimes I thank God, for unanswered prayers" in not letting Edwards be veep at all.
Ones should stop putting Bush in every equation though. Bush/Cheney were worse.
But then 2 wrongs don't make a right, do they?
because if not for Bush/Cheney, Jeb would be the nominee this year or in 2016.
primavera
(5,191 posts)... whether the public has heard the whole story here. Swiftboating of politicians has become so commonplace, there's no requirement that a story be truthful, accurate, or complete for media to run it and people to buy it.
karynnj
(59,504 posts)Edwards lost his reputation because he cheated on his wife, when she needed him most. Consider that he did not conceive that baby before he confessed to Elizabeth. The baby would have been conceived about a half year after that tortuous confession - and after Elizabeth got the awful diagnosis that she had stage 4 cancer, which carried the expectation that she would not see her two youngest graduate high school. At that point, many thought that Edwards would drop out to better support Elizabeth. (In fact, looked at cynically, this could have been the escape valve that would have allowed Edwards a graceful exit with the sympathy of all. Had he done this and ended his affair then, he would be one of the most sympathetically viewed politicians in the country. No one would ever have known of his transgression and their would be no baby to prove he strayed.)
On top of the fact that he continued an affair after he confessed to his wife and promised to end it, he allowed others to pay nearly a million dollars to support Rielle to keep her condition from being known and ending his run for the President. He will face trial on whether this was an illegal contribution. None of us have heard all the evidence and most of us, including me, are not lawyers. A grand jury did bring these charges at the bequest of a Republican appointed DA, but that does not mean that nothing is there.
However, those legal charges and the ethical/moral charges against Edwards are not swiftboating - they have a basis in things that Edwards actually did. In contrast, the SBVT charges against Kerry were scurrilous lies with absolutely nothing to support them and the entire official record to refute them - as well as the backing of every man on Kerry's boat when he got his medals.
What is ironic, is that you are calling legitimate charges against Edwards "swiftboating" because it now means lies, Edwards in 2004, as VP, repeatedly promised Kerry to use the abundant proof that the SBVT were lying to refute them -- and then did not do so - more concerned with his own political capital. Instead he told the media that Kerry's team did not want him attacking anything because he was "too valuable".
primavera
(5,191 posts)I'm sorry, I didn't mean to state definitely that Edwards was a victim of swiftboating; only that swiftboating has become so commonplace these days, I'm never sure what to believe. There are generally two sides to every story and it may be that we have indeed heard all there is to hear about John Edwards' story, I just lack confidence that, if there was more to this story than meets the eyes, we would have heard about it from our beloved "liberal" media.
karynnj
(59,504 posts)If anything, the media was incredibly - and justifiably SLOW to go with the Rielle story. Justifiable because of Elizabeth's health and his squeaky clean reputation. ( Even the people I know who were active in the 2004 campaign - and who I met as a person on DU JK, so their allegiance was with JK - who really had a universally low opinion of what Edwards did in the 2004 general election - were telling the rest of us, that as phony and as uncooperative and as unhelpful as he was, there was no doubt that he was faithful to Elizabeth. (As to uncooperative and unhelpful, in a NYT a week or so ago, for the first time I have seen it, when they were speaking of bad vps, they mentioned that JRE was uncooperative - though mentioned that none of the unsavory things had yet happened. However, in 2008, they quoted Edwards extensively about that election - and at the time all of us DU JK people posted quotes that backed what we long said - this was a VP, who even refused to use the campaign's slogan - because he thought his better!) )
Now, if you remember in 2004, with FAR less behind it, the media did cover rumours that Kerry had an affair with an AP reporter (misidentified as being an intern). Both he and she denied it - she had been recruited to work on Kerry's campaign, but she opted not to, partially because she was dating someone working for Kerry. She told how she was harassed by the media - the reason for the whole rumor - spread by the campaign of a Democratic rival was that an officemate of hers commented to someone that Senator Kerry had returned a call the woman made to him. (In Shrum's book, Shrum spoke of how one of Kerry's immediate concerns was for the women thrown into this. (Yet in Edwards' case in early 2006, where we learned later that many people around his campaign - staff and media - were suspicious of Rielle because they saw her with him - nothing was said.) Edwards was until late 2006 or early 2007, a media darling.
At this point, what destroyed Edwards' reputation is that he fathered a child out of wedlock and lied about first the affair, then the extent of it, and then he denied the baby. When you lie in a confession where you are asking people for forgiveness, it is pretty bad. All of those things are proven. As to the FEC based charges, if someone could legally provide nearly a million dollars as a sludge fund that he did not have to report, the campaign finance law is completely useless - which it now is thanks to Citizens United. However, the relevant law for Edwards is what was in effect in 2008. (Saying she was a good friend does not work - in 2004, Edwards was one of the people arguing that Teresa Heinz Kerry could not give her husband millions in the primary election.)
But, that upcoming trial is not media "swiftboating" - although he might be found not guilty, the fact that he will stand trial is news and it has been pretty fairly reported. As to the NYC prostitute charge, it is just that - but the fact that the charge was made back before 2008 actually means that it might be true. (There the possibility is that it was just a Southern who looked like Edwards because she only said that she recognized him.)
In 2004, the attacks on Kerry's service were complete lies - told for political purpose and because some hated him for protesting the war. The fact is the media had Kerry's full records - with complete fitness reports some signed by people who were later SBVT, In doing that, the Republicans repaid a young man, who put his own life at risk - when he could have used his connections as others did - and who was wounded, suffers from some hearing loss and occasionally had nightmares recently enough that Teresa had seen them, by not just giving him no credit for being a genuine war hero, but making Bush (who definitely wasn't ) one and portraying Kerry as anything from a coward to a war criminal to a traitor.
To argue that Edwards' bad press - that was 100% from Edwards' bad behavior is comparable is silly.
primavera
(5,191 posts)You obviously have followed this more closely than I have, I'll cheerfully bow to your expertise.
Nye Bevan
(25,406 posts)rayofreason
(2,259 posts)It seems that when it rains, it pours
John Edwards is First Name Uncovered in 'Millionaire Madam' Investigation
Read more:
http://www.dnainfo.com/20120322/upper-east-side/john-edwards-first-name-uncovered-millionaire-madam-investigation