Video: Prosecutors gear up to charge Edwards in criminal case

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   >> for two years a federal grand jury has been in fact investigating john edwards and whether he break campaign finance laws to try to cover up an affair with rielle hunter. now the investigation reached a decisive point. nbc's senior investigative correspondent lisa miers has more on that.

   >> reporter: good morning, matt. this is a tough period for john edwards . he had to testify under oath in a civil case involving a sex tape . now what could be an ominous development in the criminal investigation . nbc news learned that prosecutors are preparing to record the testimony of a key witness for use in any future trial. sources close to the investigation say prosecutors now believe they have a strong case. but they have not yet gotten the green light from washington to charge edwards with a crime. since the tragic death of elizabeth edwards , friends say john edwards is focusing his energy on his children and has moved back into the family estate in chapel hill . increasingly he must worry about more fallout from his affair with rielle hunter. last week he had to testify under oath in a civil case over a sex case he allegedly made with hunter. far more menacing, a parade of witnesses at this courthouse 30 miles away . federal prosecutors are trying to prove that he spent more than a million dollars to conceal his affair with hunter.

   >> it's a great speech.

   >> can you read it?

   >> yes, i can.

   >> with whom edwards fathered a daughter, francis quinn , now almost 3. political consultant and watch dog .

   >> we know john edwards acted badly, lied to supporters, his family, his wife. the only remaining question is were his actions criminal or not?

   >> reporter: it was 2007 . edwards was running for president. two donors each began providing hundreds of thousands of dollars used to keep a pregnant hunter out of sight.

   >> if john edwards was aware that money was being paid to hide his mistress and it was to help the campaign he's in trouble.

   >> reporter: edwards has denied knowing about it.

   >> i know nothing about this.

   >> reporter: fred baron said edwards knew nothing about flying her in his private jet . but that's disputed by edwards aid who lived with hunter in hiding. young said edwards himself solicited money and helped orchestrate the cover-up. much of the money came from bunny melon. prosecutors plan to visit her sprawling virginia estate and record her testimony for a future trial since she's 100 years old. a key question, why, according to insiders, did she send $700,000 in checks through her decorator, one packed in a box of chocolates.

   >> is it proper for a presidential campaign to accept six-figure contributions or donations from somebody and claim that it's personal money?

   >> reporter: melon's lawyer said she was trying to help edwards with a personal problem and had no idea what the problem was. john edwards has said he did nothing wrong. a spokesperson said he remains optimistic that the investigation will confirm that. matt?

   >> lisa myers in washington, thank

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