As I wrote before the federal trial of John Edwards on campaign finance violation charges began, the former Democratic senator, vice presidential and presidential candidate is an easy person to dislike. No doubt many, if not most Americans, think a federal prison camp is too easy a punishment for a pompous, vain gasbag who publicly cheated on a much-admired wife while she was dying of cancer. But being a loathsome scoundrel is not a federal offense. Then again neither are the deeds for which federal prosecutors seek to have him jailed.
This truth was brought home today in court when the judge ruled the defense couldn’t present as a witness a former head of the Federal Elections Commission who was prepared to testify that Edwards’s actions that are alleged by the government to be crimes, were, in fact, not violations of the law. In spite of the inexplicable decision to exclude that rather pertinent piece of evidence, the defense was able to present the testimony of the chief financial officer of his campaign, who pointed out that the FEC actually approved the records submitted by his 2008 presidential effort. That renders the prosecutors’ attempt to claim the failure to report the money a prominent supporter donated to help cover up his affair was a crime a legal absurdity. The day’s events make it more clear than ever what is going on in this case is not just a typical example of prosecutorial overreach in which the government seeks to make an example of an unpopular rich person. Rather, it is an unprincipled and dangerous attempt to extend the reach of an already ambiguous set of laws in order to criminalize campaign donations.



