Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Bigtigermike

CAN WE ALL SAY DISCOVERY.

The Supremes have ruled that sources are protected IIRC.

but, those records will not be.

GO FOR IT.


3 posted on 11/03/2011 4:16:41 PM PDT by marty60
[ Post Reply | Private Reply | To 1 | View Replies ]


To: marty60
CAN WE ALL SAY DISCOVERY. The Supremes have ruled that sources are protected IIRC. but, those records will not be. GO FOR IT.

Two questions: What legal action do you think Cain could take against Politico that would benefit him? When Cain's records are subpoenaed and he is deposed under oath by Politico's lawyers, how do you think that will benefit him?
18 posted on 11/03/2011 4:27:06 PM PDT by drjimmy
[ Post Reply | Private Reply | To 3 | View Replies ]

To: marty60
CAN WE ALL SAY DISCOVERY.

Assuming Cain brought a slander/defamation case (and I can't think of another cause of action that would be even remotely feasible), his case would probably not survive a motion to dismiss, so it would never even get to discovery. As a public figure, Cain would need to show that Politico acted with "actual malice," meaning that they knew that what they were publishing was false, or that they acted with reckless disregard of the truth. Considering that (a) Cain himself has confirmed a substantial portion of what they wrote (e.g., the existence of the settlement and the general subject matter of the complaint), and (b) Politico has been careful to couch much of what they've written in "sources report...." terms, it would be virtually impossible for Cain to meet this standard.

26 posted on 11/03/2011 4:35:55 PM PDT by Conscience of a Conservative
[ Post Reply | Private Reply | To 3 | View Replies ]

To: marty60
GO FOR IT.

I don't normally make predictions...at least not ones that can be tracked. :) Nothing will come of this. The Politico is in the clear.

Mark this post and gloat at me later...if I am wrong.

89 posted on 11/03/2011 7:11:10 PM PDT by TankerKC (Welcome to the age of "I Meant to Do That" Diplomacy)
[ Post Reply | Private Reply | To 3 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson