Now here’s a role-reversal: The editors of National
Review, never fans of John Edwards,
examine the charges against him and conclude that “it is our
obligation to come unenthusiastically to his defense.” On the other
hand, Walter Shapiro, who once was an admirer of Edwards,
thinks that the prosecution’s case is stronger than it looks at
first blush. Here’s NR:
Edwards’s mistress, Rielle Hunter, was paid off by his
supporters. The financial chairman of Edwards’s presidential
campaign, the late Frederick Baron, gave financial support to
Hunter and to Andrew Young, the staffer who lied about being the
child’s father. In a picturesque twist, another Edwards supporter,
the heiress Bunny Mellon, is believed to have sent Hunter checks
secreted in boxes of chocolate, though her lawyer denies that she
knew her money was going to Hunter.
The prosecution’s case is built upon a note from Mellon, who
described herself as “furious” about the way in which Edwards was
lampooned for his infamous $400 haircuts. “From now on,” she wrote,
“all haircuts, etc., that are necessary and important for his
campaign — please send the bills to me… . It is a way to help
our friend without government restrictions.” And she did indeed
write some $725,000 in checks for sundry expenses — all of which
went to Hunter, not to the Edwards campaign.
Because none of the money went to the campaign, and none of the
money went for campaign expenses — inasmuch as maintaining a
mistress is not a campaign expense — it is difficult to see why
this should be prosecuted as a campaign-finance violation. At most,
the evidence would seem to justify charging Mellon with conspiring
to subvert campaign-finance laws, though in the event those laws
were not subverted, since her money did not go toward financing the
Edwards campaign.
Shapiro agrees that Count One of the indictment, the charge
relating to Baron, is flimsy, but suggests that Count Two, the
charge relating to Mellon, might be more damning:
[T]he trial will raise the strong possibility—and you will have
to trust me on the sourcing for this—that the then-97-year-old
socialite was as ignorant of the existence of Rielle Hunter (or any
other Other Woman) as any Democratic voter besotted with John
Edwards. When she was asked for the money, delivered in seven
installments beginning in June 2007, she apparently thought that
she was donating in some round-robin fashion to the Edwards
campaign, not covering up an affair…
If the trial shows that Mellon believed her checks for $725,000
were intended for campaign purposes, Edwards’s defense under Count
Two could be severely curtailed. Edwards’s most straightforward
defense—that he sought Mellon’s money in order to hide the affair
and pregnancy from his wife Elizabeth—would suddenly vanish. If
Bunny Mellon did not know about the affair, how could her
contributions be personal rather than political?
Election law expert Rick Hasen responds that he
doesn’t think that’s the right question — it’s Edwards’s intent,
not Mellon’s, that is legally relevant, and “under the murky law on
what constitutes ‘personal use’ of funds received during the course
of a campaign, Edwards has at least a plausible argument his intent
was to save his marriage and not to help his campaign.” Hasen adds
a link to a guest-post on his
Election Law Blog by Rick Pildes that goes further, arguing that
Edwards didn’t commit a crime regardless of anyone’s intentions, on
the theory that the legal definition of a campaign contribution
must be objective rather than subjective. Hasen offers Pildes’s
argument as evidence that “even if the jury convicts, there’s a
good chance the conviction won’t stand.”
