Be cautious of the heavy speculation now surrounding the John Edwards case in some corners of the media world.
All decisions are expected to be made next week.
Here's a recap of where things stand, based on the N&O's ongoing reporting:
* Months of behind-the-scenes debate among the prosecutors and the Edwards team have ended. And this includes the major components of any plea deal. That is to say, there really aren't plea talks between the sides under way at this point.
* The decision making is up to Edwards: Plead to a felony or face an indictment and trial. Of course, Edwards would always have the ability to strike a plea deal after an indictment. (See Ruffin Poole.) While the sides in the case have been debating and discussing it, at times fiercely, the Edwards team also has not had a full exchange of information gathered in the two-year probe. That would come after an indictment. Reviewing more of the government's case could strengthen Edwards' view that the case is without merit, or alter it.
Still, the best time to enter a plea is usually prior to an indictment. Especially one that is likely to be lengthy and larded with dirty laundry.
* All signs still point to no plea deal. Edwards' lead lawyer, Gregory Craig, says: "The government's theory is wrong on the facts and wrong on the law."
* The timing of a possible indictment is for the middle to end of next week. (Some reports had suggested it would come this week -- and if that sounds familiar, it is. There have been reports across the national media of an imminent indictment since at least February.)
* Lanny Breuer, head of the Justice Department's criminal division, has OK'd seeking an indictment. The case has been vetted from Raleigh to Washington, and has been under close review in Washington for months now.
The decision to proceed by the Obama administration's Justice Department lays to rest any lingering questions about partisanship in the Edwards probe. (The investigation was started under Republican holdover George E.B. Holding and, early on, there had been political jockeying over the case and whether Holding should be replaced.)
* The case does not involve money to various non-profits or LLCs, which are often mentioned in the background of reporting about the case.
* It is all about money that went to Edwards aide Andrew Young and Edwards' mistress, Rielle Hunter, directly from Rachel "Bunny" Mellon, a 100-year-old heiress and philanthropist from Virginia, and the late Fred Baron, a Texas lawyer. (In some cases, the money went to an intermediary -- such as an interior decorator, who got checks from Mellon in boxes of chocolates, according to Young.)
The amount of money involved that flowed this way is more than $1 million.
* The government would say that the purpose of the money was to hide Hunter from the voters, and was thus a campaign contribution subject to all the laws of campaign donations, including limits of how much can be given by a person to a candidate. The government would say that Edwards knew the money was to keep the affair secret and not hurt his chance of election.
* The Edwards legal team would say that the money was to hide the affair from Edwards' wife, Elizabeth, who died in December and had won widespread admiration for courage shown in her fight against cancer. The Edwards team would say that Edwards did not in any way view the money as campaign money or contributions.
-- J. Andrew Curliss and Joseph Neff, staff writers