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Edwards defense to ask judge to throw out case

(CBS/AP) RALEIGH, N.C. - Defense lawyers for John Edwards will ask a judge Friday to dismiss corruption charges against their client, arguing prosecutors failed to prove the former presidential candidate intentionally violated the law.

Such motions are routine in criminal trials and are very rarely successful.

But after 14 days of testimony and evidence presented by prosecutors, legal observers in the North Carolina courtroom said the government's case was weak.

"They have established their case enough to get to a jury, but it has holes in it," said Kieran J. Shanahan, a Raleigh defense lawyer and former federal prosecutor. "He is not charged with being a liar and he is not charged with having a baby out of wedlock. He is charged with breaking campaign finance laws."

Edwards is accused of masterminding a scheme to use nearly $1 million in secret payments from two wealthy donors to help hide his pregnant mistress as he sought the Democratic presidential nomination in 2008. He faces up to 30 years in prison if convicted on all counts.

To prove guilt, prosecutors must show that Edwards not only knew about the money used in the cover-up orchestrated by two members of his campaign, which he denies, but also that the former trial lawyer knew he was violating the law.

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Prosecutors rested their case Thursday by playing a tape of a 2008 ABC News interview in which the Democrat repeatedly lied about his extramarital affair with the woman, Rielle Hunter, and denied fathering her baby - casting Edwards as a liar and lousy husband.

"I have never asked anybody to pay a dime of money, never been told that any money has been paid. Nothing has been done at my request," Edwards said.

"It is rare the jury gets to see the defendant talking about the main issues of a case in a televised videotape, especially with the defendant watching himself talking about the issues in the videotape," said Steven Friedland, a former prosecutor and professor as Elon University School of Law. "The defense must somehow counteract that lasting impression."

If U.S. District Court Judge Catherine C. Eagles doesn't grant the motion to dismiss, the defense will begin presenting its side Monday.

A key question is whether Edwards will take the stand in his own defense.

Before winning a U.S. Senate seat in 1998, Edwards made a fortune as a personal injury lawyer renowned for his ability to sway jurors. However, in doing so Edwards would also expose himself to what would likely be a withering cross-examination about his many past lies and personal failings.

Former prosecutor Shanahan told "CBS This Morning" that while the lies hurt, Edwards still has a case to plead.

"If he's able to convince the jury that the reason for lying when he did in August of '08 was to protect his family, then he has a chance," Shanahan said. "I really think he has to take the stand. I think he wants to take the stand. I think he believes that, notwithstanding everything that's been said, I think he's got confidence that he can convince the jury and gets his way."

The defense could also call Hunter to the stand, which prosecutors declined to do. She could potentially echo Edwards' position that he didn't have direct knowledge of the secret effort to care for her and keep her out of the public eye.

However, Friedland said he'd be surprised to see the mistress take the stand.

"She will simply call more attention to the lies surrounding her affair and pregnancy," he said.

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