Judge says case against John Edwards can proceed

This undated U.S. federal government handout booking image, obtained by Reuters from the U.S. Marshals Service June 15, 2011, shows former Senator John Edwards (D-NC) after his arrest on federal charges.

GREENSBORO, North Carolina (Reuters) - A federal judge on Thursday allowed the criminal case to proceed against former Democratic presidential candidate John Edwards, accused of accepting illegal campaign contributions to hide an affair.

U.S. District Judge Catherine Eagles ruled a day after hearing hours of argument in Greensboro, North Carolina, on five defense motions challenging the six-count indictment. Some of the defense arguments had merit, the judge said, but she ruled the issues should be decided by a jury.

Edwards, who has pleaded not guilty, is set to go to trial in January on charges of conspiracy, taking illegal campaign contributions and making false statements.

"After all these years, I finally get a day in court," Edwards said in brief remarks to reporters after the hearing. "What I know with complete and absolute certainty is I didn't violate campaign laws."

At issue is the more than $900,000 prosecutors said was provided by two of Edwards' wealthy supporters to help him cover up an extramarital affair and a child conceived with his former campaign videographer during his failed bid for the 2008 Democratic presidential nomination.

Edwards, 58, initially denied having the liaison with Rielle Hunter or paying her any money. The indictment said the supporters gave money to an Edwards aide to pay for Hunter's medical visits, prenatal care, rent, car, air travel and other living expenses.

Edwards, a former U.S. Senator from North Carolina and John Kerry's vice presidential running mate, faces up to five years in prison and a $250,000 fine on each count if convicted.

Edwards' lawyers said the gifts were intended to hide the affair from Edwards' wife and were not campaign contributions subject to campaign finance laws.

In seeking to get the charges dismissed, defense lawyers also argued the indictment was politically motivated and that, even if Edwards did all that was alleged, it did not amount to a crime.

They said the government had failed to show how payments from one third party to another constituted a campaign finance law violation by the former candidate.

Prosecutors said Edwards indirectly benefited from the gifts in violation of federal contribution limits and reporting laws. They did not make any comments after the hearing.

Abbe Lowell, one of Edwards' attorneys, said the judge's ruling against the defense was expected and only a temporary setback. He said it was gratifying the judge did not reject the content of the defense arguments for dismissal.

(Editing by Colleen Jenkins and Jerry Norton)