A jury acquitted the former Democratic presidential candidate on one felony count of receiving illegal campaign contributions, but deadlocked on the remaining five counts. Federal officials are weighing whether to retry Edwards on the five unresolved charges.
Last week, U.S. District Court Judge Catherine C. Eagles ordered new briefs on whether two of the charges should be tried in a different federal court and whether prosecutors played an improper role in a civil lawsuit over ownership of a sex tape of Edwards and his mistress.
In new filing obtained Tuesday by ABC11, Edwards' defense tells the judge that prosecutors got the venue wrong when they charged Edwards with accepting illegal campaign contributions from his wealthy friend Fred Baron in 2007 and 2008. It contends the only money linked to North Carolina was a chartered flight out of RDU that Baron paid for.
That's technically Wake County, in the Eastern District of North Carolina - not the Middle District where he's charged.
But, it's a phone call Edwards made to his former aide Andrew Young that has prosecutors sticking to the charges. They say that in that call Edwards told Young to contact Baron to arrange that RDU flight in for his then-pregnant mistress.
If the judge sides with the defense, two of the charges would have to either be dismissed or tried elsewhere. The prosecution has until next week to respond.