Russ Baker has an interesting article about how justice is divied up among politicians when it comes to hanky panky.
Does no one else find the very fact of John Edwards being on trial curious? Does no one else wonder about the criminal basis for the prosecution? About who in politics does and does not end up being destroyed by matters related to sexual behavior?
Let me preface my take on the Edwards trial with one general observation: Not all politicians are created equal. And not all are treated equally. Therein lies an issue deserving a much, much closer look: whether vulnerable Democrats, chiefly of the liberal persuasion, are targeted for destruction. Or at least helped along to their doom by a double standard.
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But first, the specifics of the Edwards case. He faces a potential $1.5 million fine, but, far more seriously, up to thirty years imprisonment. Thirty years. His crime? Not murder, not torture, not armed robbery, not stealing money from clients. No, his crime was his failure to report campaign contributions. While preparing for his second presidential bid, in 2006, he got caught up in an extramarital affair that produced a child. And, not exactly able to announce that fact or ask his sick wife to sign off, the wealthy Edwards turned to some wealthy backers to take care of the woman and the baby and hide the whole thing from Elizabeth Edwards and presumably everyone else. Two people gave him a total of $900,000.
When someone running for office receives money, or the benefit of money or services, that’s a contribution, and it must both be reported and be subject to restrictions on amount. Unless of course it has nothing to do with the campaign itself. Certainly, candidates receive ordinary income (such as fees for lawyering) that is not subject to those limits. And if someone gives a candidate a gift that is not used for the campaign, it is similarly not subject to campaign finance laws.
So, what’s the ill intent here—and the consequence for the public interest? If this were a bribe by someone seeking to influence Edwards as an office-holder, that would be one thing. If the money were intended to help sway voters to support Edwards, that might be valid cause for pursuing the case aggressively. But nothing about the two donors, both elderly (one has since died), suggests an attempt to gain illegal influence. In reality, both donors –the billionaires Rachel “Bunny” Mellon and Fred Baron—apparently liked and believed in Edwards and, when asked, were quick to aid him in a tough spot.
If it sounds like Edwards still needed to apply FEC rules and limits, consider this: Scott Thomas, a former commissioner of the Federal Election Commission testified that he did not consider that the payments would have come under his agency’s auspices—in part because they were not used directly for the campaign and did not free up any of Edwards’ own money to be spent on the campaign. And Thomas noted that the gifts from one of the donors continued after Edwards dropped out of the race, indicating they were not for campaign purposes. Unfortunately for Edwards, the ex-commissioner, a 37-year FEC veteran with great credibility on these matters, was only permitted to testify without the jury present—and the jury may never get to hear from him.
It goes on. Very interesting. An observer once noted that American politics was "bedrooms, blackmail and bullets." Sounds about right.
