August 14, 2008

Did John Edwards break the law?

By: Sonny Bunch

With new allegations of hush money being paid to John Edwards’s mistress and his fall-guy, I think it’s fair to ask whether or not the Edwards affair has moved beyond the realm of personal failing and into the realm of illegality. I was discussing just that question with a journalist friend, who assured me that no law was broken, and that I was reckless for suggesting any had. This is how I replied, with a few slight edits to protect the innocent:

I don’t know what law has been broken. You’re right. This is why the story needs to be reported. I’m engaging in reckless speculation at this point. But it’s speculation that’s grounded in three basic facts. Fact One: John Edwards engaged in scandalous behavior that likely resulted in the birth of an illegitimate child. Fact Two: Someone has paid these people millions of dollars to keep them quiet so as not to hurt John Edwards’s presidential campaign. Fact Three: Because of the complicated nature of BCRA and other laws, there’s a very reasonable chance that this could be considered an in-kind or coordinated expenditure.

Now, if Edwards had simply used his own money, I’d agree with you: it’s skeezy, but not illegal. That’s not what he did. He accepted hush money from a known contributor/supporter to keep his campaign afloat, and he accepted it in a volume that is clearly illegal under the current campaign finance regime.

My point is that there’s enough shady stuff going on here for an official investigation to get started. And once that starts, my further point was that if the contributor starts lying under oath he opens himself and Edwards up to a world of hurt. I don’t think either of those points are unreasonable on their face.