John Edwards is not a criminal

So it’s a bit strange to hear these same critics now claiming that Mr. Edwards should have been able to accept nearly a million dollars to cover up an affair that clearly would have affected his presidential campaign. For example, Washington Post columnist Ruth Marcus, a harsh critic of Citizens United, recently wrote that Mr. Edwards is a “jerk, not a felon,” and that his prosecution is “criminalizing politics.” But if Mr. Edwards is just a jerk, not a felon, why should rich donors who are not jerks be treated as felons if they want to contribute large sums to the campaigns of good candidates? General Motors heir Stewart Mott did this for Eugene McCarthy’s presidential campaign in 1968 with contributions that today would be valued at more than $1.2 million. Today, Mr. Mott’s donations would land him in prison.

The real issue is not that prosecutors are pursuing a creepy guy who appears corrupt under laws designed to prevent the appearance of corruption. It’s that we have criminalized efforts to get candidates elected in the first place.

By all means, shed a tear for Mr. Edwards, who voted for McCain-Feingold and supported campaign-finance laws across the board. But while you’re at it, direct a little outrage at the laws that make prosecutions like this inevitable, and criminalize the laudable political efforts of people a lot better than Mr. Edwards.