John Edwards Trial Judge Recuses Self From Hearing

GREENSBORO, N.C. — The judge overseeing John Edwards' criminal trial on Wednesday recused herself from considering whether to quash a subpoena issued to a former speech writer for the two-time presidential candidate.

Edwards' lawyers are seeking an extensive list of documents from Wendy Button, a 2008 campaign staffer expected to testify for the prosecution.

U.S. District Court Judge Catherine C. Eagles said Wednesday that her husband is a former law partner of one of the lawyers representing Button. Another judge will hold a hearing Friday in Greensboro to determine whether Button must comply with the subpoena.

Eagles will still oversee the trial, which is expected to last at least six weeks. Jury selection is underway, with opening statements scheduled for Monday.

Edwards, a Democrat, has pleaded not guilty to campaign finance violations related to nearly $1 million in secret payments from two wealthy campaign donors. Much of the money was used to help hide the then-married politician's pregnant mistress during his 2008 campaign. Edwards' lawyers contend that even had he known about the secret payments, his actions wouldn't amount to a crime under federal law because his motivation was keeping his wife from learning of the affair, not influencing the outcome of an election.

A longtime speech writer for Edwards, Button helped draft the 2009 statement in which the one-term North Carolina senator and 2004 vice-presidential nominee admitted his affair with Rielle Hunter, a campaign videographer with whom he fathered a daughter as he sought the White House. Edwards repeatedly denied the affair following a December 2007 tabloid report about Hunter's pregnancy.

Button said she had no knowledge of the affair or resulting cover-up during the 2008 campaign, which imploded under the weight of the allegations. But she has written about her later discussions with Edwards, counseling him on how to admit he lied to the American people.

In a 2010 piece published by Huffington Post, Button wrote of the personal toll that Edwards' deception took on those who had believed in his potential to lead the nation.

"For the hundreds of us who didn't repair sex tapes with scotch tape, the truth and the details of John's mess, they break our hearts all over again," Button wrote. "It's like watching and re-watching disaster footage and there's nothing we can do about it to stop everything from crumbling to the ground."

Button's name is listed as a potential witness on lists filed by both prosecutors and the defense. But the April 12 subpoena from Edwards' lawyers indicates they see the former speech writer as a potentially hostile witness.

The document orders Button to provide copies of e-mails and all other communications she has had with government investigators and lawyers, with members of the media and with Andrew Young, a former Edwards aide expected to be a key prosecution witness.

Young, who is married, falsely claimed paternity of Hunter's child in 2007 and set off on a cross-country odyssey with the pregnant mistress to outrun those seeking to expose the candidate's affair. Young also handled much of the money at issue in the criminal case.

Young and Hunter recently ended a two-year legal battle over ownership of a sex tape the mistress recorded with Edwards during the campaign, agreeing to a settlement that dictates that copies of the video will be destroyed.

The subpoena issued to Button also seeks a copy of any draft book or articles she may be writing about Edwards, including any accounts of conversations she had with Elizabeth Edwards, the candidate's deceased wife. Edwards' lawyers also want copies of all Facebook posts and other social media entries made by Button since 2009.

Button, who has retained at least three lawyers, filed a motion this week seeking to quash the subpoena as "unreasonable and oppressive."

_

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Comments

[n3542576]

02:09 PM on 04/19/2012

There is a droll, Puritanical pre-occupation with sex in American politics.

[mandalay007]

01:35 PM on 04/19/2012

this total disappointment of a man should never have taken this to jury, if it true he got a decent offer of keeping his liscense and a small amount of time. Presumably, he thinks his boyish grin will seduce the SC jury (all the while wasting SC tax money on his trial). It is a shame it was his wife, rather than he, who left the earth

[pb28]

01:00 PM on 04/19/2012

The prosecutor should do the same

[llyd wlsh]

12:42 PM on 04/19/2012

"Edwards' lawyers contend that even had he known about the secret payments, his actions wouldn't amount to a crime under federal law because his motivation was keeping his wife from learning of the affair, not influencing the outcome of an election."

i don't believe a jury will buy this BS

that's as implausible as "implausible deniability"

[ticoune]

10:33 AM on 04/19/2012

He has no moral but he's a smart lawyer and he will beat this rap. I'm not happy abouth this, nothing you can do.

[El Chingaso]

02:21 PM on 04/19/2012

Agree. JE is a Slick Willie. This will be over in no time...and he'll walk.

[Eagleman]

09:56 AM on 04/19/2012

Thank God we did not elect him in 2004

[tonyg10]

09:51 AM on 04/19/2012

While they are at it why not ask for a copy of the Contitution complete with the Declaration of Independece, Bill of Rights, the Bible,any version, along with the complete works of Sheakpeare in any language they can find. Lawyers, god bless them all.

[rocky7]

09:45 AM on 04/19/2012

I STILL think there is a point being missed here. Bunny Mellon who gave most of the $ to Edwards, paid the gift tax to the IRS on the $ she gave, at the time she gave it, so technically it was a gift and not a political donation. This was NOT a political donation! Check it out. Bunny Mellon is one of the wealthiest woman in the world and she has legal/financial advise every second and she would not have been involved in illegal funneling of $. SHE PAID THE GIFT TAX at the time she gave him the $. He could use it for whatever he wanted.I hope Edwards wins the case and sues everybody involved for wrongful prosecution, slander, etc etc. This is the dumbest case Ive ever heard of. Most of the commenters apparently want Edwards behind bars because he cheated on his wife.

[phoebe54]

03:49 PM on 04/19/2012

Interesting point. Thanks for posting. I do think people have pursued this because everybody loved Elizabeth and the fact that he cheated on her, and eventually died, taints their views. I think he's too smart to have fallen into the campaign finance trap. (I still think what he did was slimy, though.)

[datenutloaf]

10:10 AM on 04/19/2012

The john wouldn't end up in that sort of prison-------He'd be relegated to a country club white-collar minimum security working in the library.......

[trthsetsfree2]

07:56 AM on 04/19/2012

This country needs good leadership but disqualifies proven leaders just because of extramarital affairs. Most of America participates in extra-marital affairs, it is called premarital sex. Extra-marital sex is not a greater sin than pre-marital sex. The same respect we give to women who choose pre-marital sex, we should provide to married men for extra-marital sex. Now, that women get custody entitlements after divorce, men should be able to get a second mate if needed. I think we should apply Don't Ask Don't Tell to marriad men so this country can get good leadership, so children will have fathers in their lives, so women will not be abandoned or abused. Instead of supporting same sex marriage which disrespects the family. We should support polygyny which could extend and sustain the family.John Edwards and Herman Cain should NOT be going through this embarassment. They both did what responsible men do. They continued to love and respect their families without forcing their wives to do more than they wanted to do. Neither man was with a huckr, child, same sex or sex slave. America suffers because we are hypocritical in these matters.

[mandalay007]

01:38 PM on 04/19/2012

the issue here is not merely a e m a-------too bad you don't see that

[trthsetsfree2]

02:11 PM on 04/19/2012

If Edwards could have the affair without extreme scrutiny which could damage his campaign, he would not have had to go to such extremes to cover up the affair. Too bad you don't see that.

[trthsetsfree2]

07:58 AM on 05/21/2012

Women have a method to change their circumstances if their mate decision is unacceptable called divorce. They still carry on their duties as primary caretaker of the children, none of their own income is lost, they retain their rights to the children and they are not subject to persecution by the authorities. For men it is the opposite. If men had a free pass with divorce then we would have two adults who would file for divorce and have even more divorces. The solution for men must be different. I propose we either have a Don't Ask Don't Tell policy for married men or we learn to respect polygyny, Most men only want one mate, but sometimes adjustments must be made. In some communities where polygyny is allowed, the majority of relationships are monogamy. It doesn't matter to me if the change with respect to polygyny is through the legal system or not. The child support system fosters fatherlessness, the same sex marriage movement fosters gays, and monogamy-only fosters abuse and divorce. In life we must choose our battles wisely. As Martin L King, Jr. used to say, "America is in much greater damage from those who allow injustice to flourish than it is from the evil doers themselves." It has been reported that MLK had relationships other than with his wife. Think where we would be if we disqualified him as a leader for that reason only.

[parlimentMike]

04:15 AM on 04/19/2012

Yeah, he's no hero, but he's being prosecuted for half a Gingrich.

[maximus5757]

03:54 AM on 04/19/2012

How many liberals feel guilty for falling for another lib hypocrite? This man was almost voted into the VP position and yet you guys still make fun of Palin? How many of you fell for the Hope and Change BS also! LOL

[parlimentMike]

03:58 PM on 04/19/2012

How many liberals now support him. How many supporters does Palin have?

The difference is a demonstrated capacity for learning.

[maximus5757]

07:01 PM on 04/19/2012

Since liberals account for only 18-22% of the voters, who cares how many haven't learned from the experience. It is most likely quite a few that still support Edwards because he espouses politically what they want to hear, look at the Clinton supporters, they didn't learn anything because Clinton was somewhat effective.

[Minimax]

01:58 AM on 04/19/2012

Can I get my handshake back?

[Gotding]

09:04 AM on 04/19/2012

Only if you use alot of hand sanitizer....:)

[Lleah]

12:59 AM on 04/19/2012

What John Edwards did to his beautiful wife, his children and to the country is not excusable. I was a supporter, and I will never forgive him....the potential harm to the Democratic party because of his wreckless behavior was exponential.
But....the contributors, including 100 year old Bunny Mellon, knew the circumstances when they GAVE him the funds and they knew what the money was going to be used for. They loved him and believed that he had so much to offer the country. He will be found not guilty of these charges. The universe will deal with Mr. Edwards....not the justice system.

[HopeWFaith]

02:44 AM on 04/19/2012

Agree. They should stop wasting any more tax payer money. Make him pay it all back, and be done with it. He's very unlikely broken any laws, other than moral ones. I too cannot get over what he's done to all of us. Its amazing what the power of the sex drive can do to a good person. Just a horrible outcome on every single front.

[TeeSC]

12:21 PM on 04/19/2012

Just curious... why should he pay any money back if he didn't break any laws?

[julietrecamier]

09:16 AM on 04/19/2012

Ageed....a ruse to appease those shouting for Edwards' head, but in the end, he's clean.

[kamact]

10:31 PM on 04/18/2012

No more extensions....serve justice now!