A North Carolina judge is slated to review the civil case involving a former aide to presidential candidate John Edwards, and the sex tape Edwards made with Rielle Hunter.
Hunter is suing former Edwards’ staffer Andrew Young for the return of personal property, which includes the sex tape, according to reports. Young’s wife and lawyers are also named in the suit.
Hunter alleges the Young and their attorneys shared the tape with federal prosecutors, who were building a criminal case against Edwards.
Federal prosecutors say that Edwards used roughly $1 million from his campaign fund to cover up his affair with Hunter. The affair resulted in a child being born in 2008.
Initially, Edwards denied both the affair and being the father of the child, but the tape, among other things, eventually led to Edwards’ admission in 2010.
Attorneys for Young said they were complying with a federal judge’s orders by handing over the material to prosecutors.
David C. Pishko, one of Young’s attorneys said complying with the federal judge’s orders to hand over documents, including the tape, trumped a state judge’s orders to keep the material sealed, AP has reported.
"We certainly did not do anything willfully to put us in violation," Pishko said to the AP. "We do not feel this rises to the level of contempt."
While it may not be criminal, the move is the basis for the civil suit filed by Hunter.
It is unclear how the judge’s review of the case Monday will affect the civil case slated to begin in court Nov. 7.
The case is separate from the criminal charges facing Edwards.
Edwards faces six counts of violating federal campaign finance laws. He faces up to 30 years in prison and $1.5 million in fines if convicted of all counts.
Edwards’ request to have the charges dropped was recently denied by a federal judge, according to a New York Times report.
Edwards is slated to begin the criminal trial in 2012.
“After all these years, I finally get my day in court,” Edwards said after the ruling.