Former presidential candidate John Edwards claims that protection against self-incrimination in his campaign finance prosecution should prevent an attempt to depose him in a separate case involving a purported sex tape made with his mistress.
Edwards said in court filings in a North Carolina state court this week that a scheduled June 20 deposition should wait until after the federal criminal case against him concludes. Edwards is entitled to the stay “in order to protect his constitutional rights to due process, a fair trial and against self-incrimination,” the filing states.
Edwards is the star witness in a privacy lawsuit his mistress Rielle Hunter filed against former Edwards campaign aide Andrew Young. Hunter contends Young improperly took from her sensitive materials, including a reputed sex tape showing Edwards. She wants the items returned to her.
Young said Hunter left them 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.