Ex-presidential candidate John Edwards speaks outside a federal courthouse after his campaign finance fraud case ended in a mistrial Thursday, May 31, 2012 in Greensboro, N.C. Jurors acquitted Edwards on one charge and deadlocked on the other five, unable to decide whether he used money from two wealthy donors to hide his pregnant mistress while he ran for president and his wife was dying of cancer. (AP Photo/Chuck Burton)
RALEIGH, North Carolina — A prosecutor will decide whether an ex-aide to John Edwards will face contempt charges related to a court fight over a video purported to show the ex-Democratic presidential candidate having sex with his then-mistress.
North Carolina Superior Court Judge Michael R. Morgan appointed the prosecutor Friday to consider criminal charges against Andrew Young, his wife and two of their lawyers.
A judge previously found probable cause for contempt charges arising from a lawsuit filed against the Youngs by Rielle Hunter, who was Edwards’ mistress as he sought the White House in 2008. The state court ordered sensitive documents in the lawsuit to be kept under seal, including a lengthy deposition given by Edwards.
Young and his lawyers have admitted providing those documents to federal prosecutors investigating Edwards prior to his 2011 indictment, but said they did so only after receiving a subpoena signed by a U.S. District Court judge. Attorneys for the Youngs said they were asked by prosecutors to keep the subpoena a secret from Hunter and her lawyers.
Young was the star witness at Edwards’ campaign corruption trial. Edwards, once a star in the Democratic party, was acquitted on one count and the jury deadlocked on five others.
The civil case was settled earlier this year with a state court order that required copies of the sex tape to be destroyed, though federal prosecutors may still have a copy. But a hearing on the contempt of court issue against the Youngs was delayed until the federal case against Edwards was resolved.
Morgan’s order appoints District Attorney Jim Woodall to review the case. Woodall is the lead prosecutor for a two-county district that includes Chapel Hill, where both the Youngs and Edwards live.
Woodall said he expects to make his decision within 60 days.
“I’ve not reviewed anything in the file at this point, because it wasn’t my business until I was appointed,” Woodall said. “Obviously I won’t make any decision until I review the case and all the issues involved.”
Hunter’s lawyer, Wade Barber, declined to comment, saying his client was no longer involved in the case.
Raleigh lawyer Philip R. Isley represents Andrew Young, his wife Cheri and their lawyers Robert Elliot and David Pishko, all of whom face potential criminal charges. Isley declined to comment Friday on the issues in the case, but said his clients hope for a speedy decision.
“This is sort of the last chapter in this whole affair, and we’d like that chapter to be closed,” Isley said.