Posted on 12/01/2011 9:15:51 AM PST by Fred
ATLANTA (AP) - An attorney for Republican presidential candidate Herman Cain has demanded cell phone records from an Atlanta businesswoman accusing Cain of an extramarital affair.
Cain attorney Lin Wood sent a letter Wednesday to a lawyer representing Ginger White asking that Cain's team be provided with cell phone records showing calls and text messages between White and Cain.
(Excerpt) Read more at cbsatlanta.com ...
...get to the bottom of this once and for all...
Obviously, Cain’s own cell records will document any calls/texts between the two, but White’s phone records will show WHO ELSE she has been talking to. That could be very interesting.
I’m pleased to see Cain deny these accusations & go after White. If he will now file a defamation suit & then get a sworn deposition from her. If she is lying, I seriously doubt she would lie at deposition. That alone may end this thing.
I sure hope so.
Good point, but what if Lin Wood already has all the text messages and phone calls? Cain can get his own records too.
Cain has plenty of chance and time in this election. A week will be an eternity times 2.
McCain was dead and buried after Iowa last election and got second in NH then won SC and then was the leader. Cain is in third right now.
Nice try though.
Pray for Cain
Fat chance they’ll get anything although I’m sure they can just subpoena the cell carrier. This vindictive ho will probably fade to the background like the others. She probably already cashed the check and mission has been accomplished by the establishment Republicans...destroy Cain’s likeability and thus his chances.
In the court of law—yes, but not in the court of public opinion.
For example, when Cain’s attorney gave that weird statement about this being a private affair, from a legal standpoint he is exactly right. But, it didn’t put anyone’s mind at ease regarding whether Cain had had the affair or not—especially not in Free Republic’s court of public opinion. Many thought just the opposite.
I can believe his story, but I don’t think he’s playing smart politics at this point.
He needs to nail this bitch so he has a shot at the VP slot.
Lin Wood, Cain’s attorney, told the AJC on Wednesday that he thinks most of the messages were asking for money,
..A review of the records by The Atlanta Journal-Constitution shows Cain sent 17 text messages to White, almost always responding to messages from her
White's past business partner tried to take out a restraining order against her for stalking.
They can prove if most of the emails and texts were originated by her, she better have proof, just mouthing a affair does not mean one took place...I like the idea of a discovery session by Cain’s lawyer...it will be more brutal than her so called accusation...where is Gloria allred. She usually is on the TV daily when she takes on a client. Or am I confusing which female this is about...I’d love to see both that were interviewed on TV going through discovery. Cain can also show damage’s if they are lying. It affected his run for president...
>>> Water boarding her would produce the information many of us seek. :-)
I like that idea... but why stop there?
Lets do the reporters too... find out why!
Suing for slander hardly ever works if you are a public figure. There’s an exemption for that.
I am quite well versed in the legal system. If anyone sues, it will be Cain suing White. Defamation actions are different from most other civil actions I’m that once per se defamation is established, the burden of proof shifts to the defendant.
I am quite well versed in the legal system. If anyone sues, it will be Cain suing White. Defamation actions are different from most other civil actions I’m that once per se defamation is established, the burden of proof shifts to the defendant.
I think you are in error. She made her case in front of the media - not in a court room. There’s a difference. She accused him and now has to prove her allegations if pressured to do so. The burden of proof is on her - he is the defendant.
You need to find out how much evidence they have against you, before you know what you can safely say.
Likes and dislikes are a matter of personal preference.
On the other hand ALL of Cain's accusers have been discredited within a short time of making an appearance ~ ALL OF THEM.
Think about that a moment ~
I'm not a lawyer, but I've met one.
Cain is in a situation where he may feel that he needs to defend himself from attack, but he is not a "defendant".
"Defendant" is a legal term.
Should Cain resort to the courts by filing a lawsuit claiming damages due to libel or slander, then he would be the "plaintiff". The woman making accusations against Cain would be the defendant, perhaps along with others who have repeated what she said or printed it.
The burden of proof would be on the plaintiff; that is, Cain.
Cain would have to prove, by a preponderance of the evidence (more likely so than not so) that the defendant he is suing made statements, that the statements were defamatory, and that the statements were untrue.
If the jury believes Cain, they can award damages, both compensatory or punitive.
The defendant will be provided an opportunity to contest the claims made by the plaintiff. They may provide evidence that the defendant never made statements at all. Or that the statements made were not defamatory.
Also, the truth is a defense against claims of slander or libel and I believe it is termed an "absolute defense"; that is, nothing further is required. Even if the defendant made the statements, and even if the statements are defamatory, if the statements were true, then there is no libel or slander and there is no obligation on the part of the defendant to pay the plaintiff.
In cases involving public figures, there may be a burden on the plaintiff to prove "malice". I'm not sure what is required to prove "malice", but I believe that making false statements that one KNOWS are false should qualify. If the woman in this case is purposely making false claims, I think that is a malicious act designed to do harm to Cain, not just to furnish information to the public.
I'd be happy to have any lawyers on FR comment if I have gotten this wrong.
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