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.
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.
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.
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.
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.