WINSTON-SALEM, N.C. – John Edwards acknowledged he has “done wrong” and hurt others but strongly denied breaking the law after federal prosecutors charged him Friday with using $925,000 in under-the-table campaign contributions to hide his pregnant mistress during his 2008 run for president.
The former U.S. senator and two-time Democratic presidential hopeful was indicted on six felony charges that he violated campaign finance laws in a desperate bid to protect both his White House hopes and his image as a devoted family man.
Edwards, 57, pleaded not guilty and was released without bail on the condition he surrender his passport and not leave the continental U.S.
A former trial lawyer who won multimillion-dollar verdicts with the same formidable powers of persuasion that propelled his political career, he now faces the prospect of a lurid trial and the possibility of both prison time and the loss of his license to practice law.
“There’s no question that I’ve done wrong. And I take full responsibility for having done wrong. And I will regret for the rest of my life the pain and the harm that I’ve caused to others,” Edwards said outside the courthouse. “But I did not break the law, and I never, ever thought I was breaking the law.”
The charges came after a two-year FBI investigation into the former North Carolina senator’s use of money from two wealthy backers to send his pregnant mistress, Rielle Hunter, into hiding in 2007 and 2008, at the height of his White House campaign.
“A centerpiece of Edwards’ candidacy was his public image as a devoted family man,” the indictment said. “Edwards knew that public revelation of the affair and the pregnancy would destroy his candidacy by, among other things, undermining Edwards’ presentation of himself as a family man and by forcing his campaign to divert personnel and resources away from other campaign activities to respond to criticism and media scrutiny regarding the affair and pregnancy.”
In an aggressive and apparently novel application of the law, prosecutors said the money constituted campaign contributions because it was intended to protect Edwards’ political career from ruin. They said the spending was illegal because Edwards should have reported it on his campaign finance filings and because it exceeded the limit on contributions.
Edwards’ defense team argued in recent days that the money did not constitute campaign contributions because it was intended to hide the affair from his wife, Elizabeth, not to aid his campaign. She died of cancer last December.
Defense attorney Gregory Craig called the case unprecedented and said there was no way anyone, including Edwards, should have known that the payments should have been treated as campaign contributions.
“He has broken no law, and we will defend this case vigorously,” Craig said outside the courthouse.
Edwards was charged with conspiracy, receiving illegal campaign contributions, and making false statements for keeping the spending off of the campaign’s public finance reports.
If convicted, he faces a maximum penalty of five years in prison and a $250,000 fine on each of the six counts. First-time white-collar offenders in federal cases are usually not sent to prison, but the Justice Department typically presses for at least a short stint behind bars for public officials.
Prosecutors moved ahead with the indictment after negotiations to get Edwards to plead guilty to reduced charges proved fruitless, according to people with knowledge of the discussions. Prosecutors had insisted on a plea to a felony, which would endanger Edwards’ law license and his hopes of working as an attorney for the poor.
The centerpiece of the investigation has been the hundreds of thousands of dollars provided by two wealthy Edwards supporters – Fred Baron, his former campaign finance chairman, and Rachel “Bunny” Mellon, the 100-year-old widow of banking heir Paul Mellon.
Prosecutors said $725,000 from Mellon and $200,000 from Baron was used to pay for Hunter’s living and medical expenses and for chartered airfare, luxury hotels and rental of a house in Santa Barbara, Calif., to keep her hidden from the public.
Former campaign staffer Andrew Young, who initially claimed to be the father of Hunter’s child to protect his boss, has said that Edwards was aware of the financial support and agreed to solicit money directly from Mellon.
Mellon sent her money through her decorator, sometimes hidden in boxes of chocolates. On the memo lines of her checks, she listed items of furniture such as “chairs,” “antique Charleston table” and “book case” to hide the true purpose, according to the indictment.