Video: All smiles for John Edwards in mug shot

  1. Closed captioning of: All smiles for John Edwards in mug shot

    >>> are new developments in the legal saga of former presidential candidate john edwar edwards . his lawyers are expected in court a day after this mug shot of edwards was released. lisa myers has the latest on the story. good morning.

    >> reporter: good morning. today lawyers for john edwards are asking a north carolina judge to delay further questioning of him in the legal tug of war over who owns the infamous sex tape of edwards with rielle hunter. as the mug shot underscores, edwards now has to worry about far more serious criminal proceedings . it looks more like a pub lis the ti photo than a mug shot . the disgraced former presidential candidate smiling broadly after he was booked, fingerprinted and charged with six felonies.

    >> it's one of the best-looking mug shots i have seen.

    >> reporter: some might see the mug shot as arrogant. others see it as evidence of his likability and potential to connect with jurors.

    >> if i were the prosecutors i would look at the mug shot and think carefully about what kind of case they have.

    >> reporter: because of the criminal case , edwards is trying to delay more embarrassing questions in the civil case in which rielle hunter and edwards former aid andrew young are fighting over who owns a sex tape of hunter and edwards shot while he was running for president. experts predict the judge today will postpone a videotaped deposition scheduled next week.

    >> the defendant in a criminal case has a privilege against self-incrimination. doesn't have to answer questions.

    >> reporter: while awaiting trial, edwards can travel only in the continental u.s. , must report to authorities and must avoid all contact with bunny melon, the key witness in the case. edwards is charged with soliciting and covering up almost $1 million provided by melon and another donor to keep hunter and, la later, their child hidden while he ran for president. it amounted to illegal campaign contributions to further his candidacy. edwards ' lawyer said the money was given to hide the affair from his wife, elizabeth.

    >> i did not break the law.

    >> reporter: while denouncing edwards ' behavior, many legal experts said the justice department overreached, that the case is weak. a former federal prosecutor doubts it will ever get to a jury.

    >> no. i don't think it will come to trial. i think it will end in a plea bargain to a small misdemeanor.

    >> reporter: a plea agreement is still possible but a source close to the case said edwards ' lawyers are gearing up for court and are expected to ask for a trial date early next year.

    >> thank you very much for

updated 6/16/2011 7:31:40 AM ET 2011-06-16T11:31:40

A judge in North Carolina will hear arguments over whether former presidential candidate John Edwards should have to testify this month in a case involving a purported sex tape.

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The hearing was scheduled to take place Thursday in Raleigh.

Edwards filed a motion last week asking that his scheduled June 20 deposition be postponed. He's being called to testify in a lawsuit filed by his former mistress, Rielle Hunter. Hunter claims a former Edwards campaign aide Andrew Young took sensitive materials from her, including a reputed sex tape showing Edwards. She wants the items returned.

The former senator said his deposition should wait until the resolution of federal criminal charges against him.

Story: Public vs. private: Long an issue for John Edwards

Edwards was charged earlier this month with six federal counts also related to Hunter. The government accused him of improperly using campaign money to keep Hunter out of the public eye as he pursued the White House. The charges include conspiracy, taking illegal campaign contributions and making false statements.

Edwards has insisted he did not break the law.

Read the indictment against John Edwards (PDF)

Young said Hunter left items behind after leaving a hideout they shared while covering up Edwards' affair during the 2008 presidential campaign. Hunter said in an affidavit that she created a private video in September 2006.

Story: A disgraced but determined Edwards readies for new trial

The filing says Young's attorneys want to question the former senator about the indictment and that Edwards' attorneys believe Young has agreed to cooperate with the government. It says they believe Young is an unnamed and unindicted co-conspirator in the case and will be a material witness.

"Thus, a material witness for the Government, who is under an obligation to cooperate with the Government, proposes to have his attorney examine Senator Edwards under oath about the subject matter of the Indictment," says the motion.

Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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