No Comment — June 1, 2012, 9:05 am

The Edwards Circus Leaves Town

The case of United States v. John Edwards has come to an end. The jury acquitted Edwards on the principal charge of accepting an illegal campaign contribution from heiress Rachel “Bunny” Mellon in 2008, and deadlocked on the remaining charges; a mistrial was declared. The case continues the long string of embarrassing reversals for the Justice Department’s public-integrity prosecutors. It is, as Andrew Sullivan notes, a “victory for common sense” in the face of prosecutorial flim-flam.

The outcome is particularly striking because the circumstances could not have been more favorable to the prosecutors. They targeted a man who is probably the most reviled politician in America. The judge handling the case, Catherine Eagles, initially cautioned prosecutors against playing to the emotions of the jurors, then permitted them to do exactly that, allowing evidence of emotional confrontations between Edwards and the wife he had betrayed—evidence that could easily have fueled a daytime soap opera, but had no place in a federal courtroom. Judge Eagles also blocked Edwards from presenting expert evidence on the proper construction of election-finance laws, allowing federal prosecutors to proceed unchallenged on the issue. That ruling rested on the view that federal election law was so clear that any person of normal intelligence could read and understand it—a proposition that no one who knows anything about the subject would agree is correct. Clearly, the stage was laid for a conviction. The prosecutors failed to get one because their case was built on emotion and lacked substantive merit, which was ultimately clear to enough of the jurors to block it from going forward.

From the opening hours of the trial until the late controversies about a juror “flirting” with Edwards, the case featured a stream of offenses against the decorum and dignity of federal courts. In Hollywood portraits, such conduct is usually tied to grandstanding defense counsel, but in this case the defense was curiously passive and the buffoonery was the preserve of prosecutors.

With a mistrial decision, the Justice Department has the option of bringing the case back to another jury. Given the facts, such a decision could only be motivated by spite and would surely lead to further humiliation. The Justice Department is surely not that foolish. It should cut its losses and make a full disclosure of the millions it has squandered on this juvenile escapade.

Only one man has plainly benefited from the Edwards prosecution: former U.S. Attorney George Holding, who used the case to launch his political career. The Edwards trial was dominating the local news as Holding clinched a G.O.P nomination. He is now the odds-on favorite to represent North Carolina’s thirteenth district in the next Congress.

Share
Single Page

More from Scott Horton:

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

June 2015

Loitering With Intent

= Subscribers only.
Sign in here.
Subscribe here.

A Polite Coup

= Subscribers only.
Sign in here.
Subscribe here.

Findings

What Went Wrong

= Subscribers only.
Sign in here.
Subscribe here.

Shooting Down Man the Hunter

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
What Went Wrong·

= Subscribers only.
Sign in here.
Subscribe here.

“In the seventh year of his presidency, Barack Obama was presenting himself as a politician who followed the path of least resistance. This is a disturbing confession.”
Photograph by Pete Souza
Article
Surviving a Failed Pregnancy·

= Subscribers only.
Sign in here.
Subscribe here.

“If this woman — who spent her days studying gray screens for early signs of gestation — could not see my pregnancy, what were the chances that anyone else would?”
Illustration by Leigh Wells
Article
Interesting Facts·

= Subscribers only.
Sign in here.
Subscribe here.

“My husband is forty-six. I am forty-five. He does not think that, in my forties, after cancer, chemotherapy, and chemically induced menopause, I can get pregnant again, but sisters, I know my womb. It’s proven.”
Photograph by McNair Evans
Post
Kid Chocolate’s Place·

= Subscribers only.
Sign in here.
Subscribe here.

“Cuban eyes often look close to tears.”
Illustration by the author
Article
Thirty Million Gallons Under the Sea·

= Subscribers only.
Sign in here.
Subscribe here.

“If you short-circuit the bottom, you threaten the entire cycle,” Joye told me. “Without a healthy ocean, we’ll all be dead.”
Illustration by John Ritter

Length in days of the sentence Russian blogger Alexei Navalny served for leading an opposition rally last year:

15

Israeli researchers developed software that evaluates the depression of bloggers.

A teenager in Singapore was convicted of obscenity for posts critical of Lee Kuan Yew, the country’s founding father, that included an image of Lee having sex with Margaret Thatcher.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Subways Are for Sleeping

By

“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today