RALEIGH, N.C. - A U.S. judge refused to throw out campaign corruption charges against former presidential candidate John Edwards on Friday, meaning he will have to present his case to a jury.
Lawyers for Edwards had argued that prosecutors failed to prove he intentionally violated the law. Motions to dismiss are routine in criminal trials but rarely granted. Edwards' lawyers will begin calling witnesses Monday.
Edwards is accused of masterminding a scheme to use nearly $1 million in secret payments from two donors to help hide his pregnant mistress as he sought the Democratic presidential nomination in 2008. He has pleaded not guilty to six criminal counts related to campaign finance violations. He faces up to 30 years in prison if convicted on all counts.
To prove guilt, prosecutors must show that Edwards not only knew about the money used in the coverup, which he denies, but also that the former trial lawyer knew he was violating the law.
Prosecutors rested their case Thursday by playing a tape of a 2008 national television interview in which Edwards repeatedly lied about his affair with Rielle Hunter and denied fathering her baby. His wife was fighting cancer at the time.
"It is rare the jury gets to see the defendant talking about the main issues of a case in a televised videotape, especially with the defendant watching himself talking about the issues in the videotape," said Steven Friedland, a former prosecutor and professor as Elon University School of Law. "The defence must somehow counteract that lasting impression."
A key question is whether Edwards will take the stand in his own defence.
Before winning a U.S. Senate seat in 1998, Edwards made a fortune as a personal injury lawyer renowned for his ability to sway jurors. However, Edwards would also expose himself to what would likely be a withering cross-examination.
The defence also could call Hunter to the stand, which prosecutors declined to do.
Friedland said he'd be surprised to see her take the stand.
"She will simply call more attention to the lies surrounding her affair and pregnancy," he said.
