John Edwards trial judge meets with attorneys on juror matter by jolinmilioncherie

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									Federal Criminal Defense Lawyers                           Saturday, May 26, 2012                        www.McNabbAssociates.com


John Edwards trial judge meets with attorneys
on ‘juror matter’
McNabb Associates, P.C. (Federal Criminal Defense   if disagreements cannot be resolved, a        The other two counts against Edwards
Lawyers)
                                                    hung jury.                                   accuse him of causing his campaign to file
Submitted at 7:57 AM May 26, 2012
                                                     Jurors have asked to review more than 60    false finance reports and conspiring to
 Los Angeles Times on May 25, 2012                  trial exhibits focusing on payments made     accept and conceal illegal contributions
released the following:                             to hide Edwards’ affair with Rielle          through “trick, scheme or device.”
“The panel is sent home for the Memorial            Hunter, whom he had hired as a campaign       The jurors must reach a unanimous
Day weekend after six days of                       videographer. The jury has met for about     decision on each count to convict. Eagles
deliberations with no verdict in the                34 hours over six days, after having         has instructed them that prosecutors don’t
campaign finance case.                              listened to 31 witnesses and examined        have to prove that the sole purpose of the
 By David Zucchino, Los Angeles Times               hundreds of exhibits during the monthlong    payments was to influence the election —
 GREENSBORO, N.C. — The federal                     trial.                                       only that there was a “real purpose or an
judge in the John Edwards trial closed her           Jurors troop in and out of the wood-        intended purpose” to do so.
courtroom Friday afternoon to deal with             paneled courtroom a couple of times a         However, Eagles also told the jurors: “If
what she called a “juror matter,” and then          day, a collection of ordinary citizens in    the donor would have made the gift or
sent the jury home for the Memorial Day             jeans, slacks and summer dresses. Some       payment notwithstanding the election, it
weekend with no verdict reached.                    looked weary Friday. Others appeared         does not become a contribution merely
 U.S. District Court Judge Catherine                restless. The faces of one or two jurors     because the gift or payment might have
Eagles did not disclose what she and                suggested mild annoyance.                    some impact on the election.”"
lawyers for both sides discussed during              Edwards, 58, unfailingly neat and trim in   —————————————————
the 35 minutes the courtroom was closed             a dark suit, has studied jurors closely      ———–
to reporters and spectators. Jurors will            during their brief courtroom appearances      Douglas McNabb – McNabb Associates,
return for a seventh day of deliberations           over the past week, appraising their         P.C.’s
Tuesday morning.                                    demeanor from his regular seat at the         Federal Criminal Defense Attorneys
 Before deliberations began on May 18,              defense table.                               Videos:
the jury foreman, a financial consultant,            The former U.S. senator and 2004             Federal Crimes – Be Careful
told the judge that he might have an                Democratic vice presidential nominee is       Federal Crimes – Be Proactive
upcoming scheduling conflict. On Friday,            charged with six counts of accepting          Federal Crimes – Federal Indictment
Eagles told lawyers for both sides to               illegal campaign contributions. He faces     —————————————————
arrive early Tuesday in case she needs to           up to 30 years in prison and $1.5 million    ———–
discuss a juror matter with them.                   in fines if convicted and sentenced to        To find additional federal criminal news,
 As she does at the close of each session,          maximum penalties.                           please read Federal Criminal Defense
Eagles reminded jurors not to discuss the            Jurors’ requests for exhibits this week     Daily.
case with anyone — even fellow jurors —             indicate they have plowed through the         Douglas McNabb and other members of
outside the jury room, and to avoid all             first two counts, which involve $725,000     the U.S. law firm practice and write and/
media reports about the trial.                      in checks from billionaire heiress Rachel    or report extensively on matters involving
 The jury of eight men and four women               “Bunny” Mellon, an ardent Edwards            Federal Criminal Defense, INTERPOL
must decide whether $925,000 in                     supporter. Jurors now appear to be           Red Notice Removal, International
payments from two wealthy patrons were              finishing up deliberations over the next     Extradition Defense, OFAC SDN
illegal campaign contributions during               two counts, involving payments from the      Sanctions Removal, International
Edwards’ failed race for the 2008                   late Fred Baron, a wealthy Texas lawyer      Criminal Court Defense, and US Seizure
Democratic presidential nomination.                 who was Edwards’ national finance            of Non-Resident, Foreign-Owned Assets.
Edwards contends the payments were                  chairman.                                    Because we have experience dealing with
private gifts not directly related to the            Prosecutors say Edwards orchestrated the    INTERPOL, our firm understands the
campaign.                                           payments to cover up the affair and          inter-relationship that INTERPOL’s “Red
 After a sixth day of deliberations, it was         prevent his campaign from collapsing in      Notice” brings to this equation.
not possible to determine whether the jury          scandal. The defense says the payments        The author of this blog is Douglas C.
was divided over guilt versus acquittal, or         were intended to hide the affair from        McNabb. Please feel free to contact him
merely being thorough and meticulous.               Edwards’ wife, Elizabeth Edwards, who        directly at
The longer deliberations drag on, the               had grown increasingly suspicious of her     mcnabb@mcnabbassociates.com or at one
greater the likelihood of a split verdict or,       husband.                                     of the offices listed above.
2               Federal Criminal                                                                       Federal Criminal Defense Lawyers

U.S. asks judge to undo ruling against military
detention law
McNabb Associates, P.C. (Federal Criminal Defense   in this particular case had nothing to fear.    detention) … would be extraordinary,”
Lawyers)
                                                    “As a matter of law, individuals who            prosecutors wrote, noting that they were
Submitted at 7:53 AM May 26, 2012
                                                    engage in the independent journalistic          considering an appeal of the judge’s
 Chicago Tribune on May 25, 2012                    activities or independent public advocacy       order.”
released the following:                             described in plaintiffs’ affidavits and         —————————————————
“Basil Katz                                         testimony, without more, are not subject        ———–
 Reuters                                            to law of war detention as affirmed by           Douglas McNabb – McNabb Associates,
 NEW YORK (Reuters) – Federal                       section 1021,” prosecutors in the               P.C.’s
prosecutors on Friday urged a judge to lift         Manhattan U.S. Attorney’s office wrote.          Federal Criminal Defense Attorneys
her order barring enforcement of part of a           During oral arguments in March, Forrest        Videos:
new law that permits indefinite military            heard lawyers for former New York                Federal Crimes – Be Careful
detention, a measure critics including a            Times war correspondent and Pulitzer             Federal Crimes – Be Proactive
prize-winning journalist say is too vague           Prize winner Chris Hedges and others             Federal Crimes – Federal Indictment
and threatens free speech.                          argue that the law would have a chilling         Federal Crimes – Detention Hearing
 Manhattan federal court Judge Katherine            effect on their work.                            Federal Mail Fraud Crimes
Forrest this month ruled in favor of                 The judge said she was worried by the           Federal Crimes – Appeal
activists and reporters who said they               government’s reluctance at the March            —————————————————
feared being detained under a section of            hearing to say whether examples of the          ———–
the law, signed by President Barack                 plaintiffs’ activities – such as aiding the      To find additional federal criminal news,
Obama in December.                                  anti-secrecy website WikiLeaks in the           please read Federal Criminal Defense
 The government says indefinite military            case of Birgitta Jonsdottir, a member of        Daily.
detention without trial is justified in some        parliament in Iceland – would fall under         Douglas McNabb and other members of
cases involving militants and their                 the scope of the provision.                     the U.S. law firm practice and write and/
supporters.                                          Bruce Afran, a lawyer for the plaintiffs,      or report extensively on matters involving
 But critics worry that the law is unclear          said the government’s brief failed to           Federal Criminal Defense, INTERPOL
and gives the Executive Branch sole                 address fundamental concerns about what         Red Notice Removal, International
discretion to decide who and what type of           type of conduct is outside the law, and         Extradition Defense, OFAC SDN
activities can be considered as supporting          which person or group is deemed                 Sanctions Removal, International
militants.                                          sufficiently “independent” of enemy             Criminal Court Defense, and US Seizure
 The judge’s preliminary injunction bars            forces.                                         of Non-Resident, Foreign-Owned Assets.
the government from enforcing section               “It is surprising that the government is        Because we have experience dealing with
1021 of the National Defense                        pursuing this case because it has other         INTERPOL, our firm understands the
Authorization Act’s “Homeland                       statutes that specifically target terrorist     inter-relationship that INTERPOL’s “Red
Battlefield” provisions.                            groups,” Afran said.                            Notice” brings to this equation.
 The section authorizes indefinite military          The government noted that courts rarely         The author of this blog is Douglas C.
detention for those deemed to have                  intervene in matters directed by the            McNabb. Please feel free to contact him
“substantially supported” al Qaeda, the             Executive Branch.                               directly at
Taliban or “associated forces.”                     “Issuing an injunction regarding the            mcnabb@mcnabbassociates.com or at one
 In a brief filed in New York late on               President himself, or restraining future        of the offices listed above.
Friday, the government said the plaintiffs          military operations (including military

Media motion seeks Edwards juror names at end
of trial
McNabb Associates, P.C. (Federal Criminal Defense    The panel deciding whether the former          that the case has proceeded in open court
Lawyers)
                                                    U.S. senator and Democratic presidential        with jurors whose identities are at least
Submitted at 8:01 AM May 26, 2012
                                                    candidate violated federal campaign-            partially known, perpetuating the secrecy
 The Charlotte Observer on May 24, 2012             contribution laws is expected to begin its      of the jury is an affront to the First
released the following:                             fifth day of deliberations Thursday. The        Amendment in service of a weak interest
“The News & Observer, The Charlotte                 jury has not been sequestered during more       with no hope of success.”
Observer and other media organizations              than four weeks of testimony or during           Joining in the motion are WRAL,
are seeking to make public the names of             deliberations.                                  WTVD, The New York Times Co., Media
jurors deciding federal charges against              The names of people serving on federal         General, News 14 Carolina, NBC
John Edwards at the end of his trial at the         juries is public according to federal law,      Universal and The Associated Press.”
U.S. District Court in Greensboro.                  the media organizations argued in their         —————————————————
 In a motion filed with the court                   court filings.                                  ———–
Wednesday, the media organizations cited             The motion also cites intense public            Douglas McNabb – McNabb Associates,
a local rule of the Greensboro court that           interest in the trial and in how the jury       P.C.’s
prohibits the clerk’s office from disclosing        ultimately rules. It argues that “there is no    Federal Criminal Defense Attorneys
without court permission the names,                 compelling governmental interest in             Videos:
addresses and telephone numbers of                  withholding the identities of individuals                      MEDIA page 3
people who have served on juries.                   who served on the jury. Moreover, given
Federal Criminal Defense Lawyers                                                       3
MEDIA
continued from page 2

 Federal Crimes – Be Careful                 Criminal Court Defense, and US Seizure
 Federal Crimes – Be Proactive               of Non-Resident, Foreign-Owned Assets.
 Federal Crimes – Federal Indictment         Because we have experience dealing with
—————————————————                            INTERPOL, our firm understands the
———–                                         inter-relationship that INTERPOL’s “Red
 To find additional federal criminal news,   Notice” brings to this equation.
please read Federal Criminal Defense          The author of this blog is Douglas C.
Daily.                                       McNabb. Please feel free to contact him
 Douglas McNabb and other members of         directly at
the U.S. law firm practice and write and/    mcnabb@mcnabbassociates.com or at one
or report extensively on matters involving   of the offices listed above.
Federal Criminal Defense, INTERPOL
Red Notice Removal, International
Extradition Defense, OFAC SDN
Sanctions Removal, International

								
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