Feds want two experts dropped from John Edwards trial

The (Raleigh) News & ObserverNovember 30, 2011 

CHAPEL HILL — Federal prosecutors in the John Edwards case are trying to prevent two former Federal Elections Commission chairmen from testifying as expert witnesses in the criminal case against the former presidential candidate.

In a document filed in federal court Monday, prosecutors contend that Scott Thomas and Robert Lenhard, former FEC chairmen, who have raised questions about the prosecution's definition of campaign contributions, should not be classified as expert witnesses.

Prosecutors contend that what the two men would offer are legal conclusions that would usurp the authority of the judge, the trial court's "own legal expert."

"(E)xpert opinion testimony that simply states legal conclusions is generally not helpful to the jury and is properly excludable," the prosecutors argue in their motion.

Edwards, 58, is accused of violating campaign finance laws by secretly obtaining and using contributions from two wealthy supporters to hide his mistress and her pregnancy from the public during his unsuccessful bid for president in 2008.

The payments covered living, medical and other expenses for Rielle Hunter, a videographer with whom he had an extramarital affair and a daughter. Prosecutors argue the donations were campaign contributions meant to hide the affair so Edwards could keep his presidential bid alive. They also contend the contributions exceeded legal limits.

Thomas and Lenhard have submitted letters on behalf of Edwards saying they did not believe the payments could be considered campaign contributions.

Since Edwards' arrest this summer, legal scholars have raised questions about the strength of the prosecution's case, often citing the opinions of the former FEC chairmen as signs of weakness.

Now as the case moves closer to a trial scheduled to begin in mid-February, prosecutors want to prohibit the former elections law chairmen from testifying.

Their request comes the same day as defense attorneys are pushing for more particulars from prosecutors about the case.

To read the complete article, visit www.newsobserver.com.

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