John Edwards was indicted Friday, prosecutors made a final offer: They would accept his guilty plea to three misdemeanor campaign finance law violations in the $925,000 cover-up of his affair. The government wanted to dictate a sentence that would result in up to six months of prison for Edwards, even with the plea to lesser charges. Hit the jump read the rest of the story.
Just before John Edwards was indicted Friday, prosecutors made a final offer: They would accept his guilty plea to three misdemeanor campaign finance law violations in the $925,000 cover-up of his affair.
With the deal, the former Democratic vice-presidential nominee would avoid a felony conviction – and almost certainly keep the law license that had made him wealthy.
But there was a catch.
The government wanted to dictate a sentence that would result in up to six months of prison for Edwards, even with the plea to lesser charges.
Edwards and his lawyers were concerned. They wanted the ability to at least argue to a judge for alternatives, such as a halfway house, weekend releases, home arrest or some arrangement that would allow Edwards to be with his school-age children. He is a single parent after the death of his wife, Elizabeth, in December.
But the way the possible plea deal was structured, the Edwards lawyers believed they would be muzzled from advocating at all about Edwards’ confinement before a judge, according to multiple people who were involved in the negotiations. Those sources described the plea negotiations in detail on a condition of anonymity because the case is ongoing.
It was the last significant issue to be resolved for a plea. If Edwards didn’t agree, he would be indicted on multiple felony charges.
Edwards, 57, understood the risk. As a trial lawyer, he had sometimes spurned offers of settlements to take his chances with a jury, often winning big judgments. Would he do that again?
The clock was ticking.
‘Furious back and forth’
The investigation had gone on for two years. Prosecutors presented evidence and called witnesses before a grand jury in Raleigh, in the Eastern District of North Carolina. In January, the case moved from Raleigh to Washington, D.C., to the Public Integrity Section of the U.S. Department of Justice.
For the next few months, the defense team argued the law, saying that the payments to Edwards’ mistress, Rielle Hunter, were not a violation of campaign finance statutes. The attempt to derail the case failed near the end of May, when senior officials at the Justice Department gave the go-ahead for an indictment.
With that, the choice for Edwards had narrowed: Plead or face charges.
The sides agreed decisions would come no later than Friday, hopefully sooner.
Indeed, several deadlines would come and go in the midst of a “furious back and forth” over how the case could be resolved in a plea, according to several people.
The main negotiators were Edwards’ lawyer Gregory Craig and Jack Smith, chief of the Public Integrity Section. Both are based in Washington. They were looking to resolve the case short of a costly and uncertain trial.
For much of the talks, the government’s offer in any plea deal would have required that Edwards admit to at least one felony.
Under a felony plea, the deal would have included a sizable fine but maybe or maybe not prison time.
Edwards refused. A felony would likely have ended his right to practice law, and Edwards doesn’t believe that he committed a felony, according to people familiar with his views on the matter. Edwards has declined interview requests……
