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Herman Cain aide: We’re thinking about legal action against Politico
Hotair ^ | 11/03/2011 | Allahpundit

Posted on 11/03/2011 8:59:49 PM PDT by SeekAndFind

Mind you, at around the same time this WaPo scoop was breaking, Robert Costa of NRO was tweeting the following:

Block to @NRO 2nite: No more squabbling with campaigns over P’co story. No more fingerptng, period. “Sick of this,” he says of back-n-forth

Smart thinking. Best to forge ahead, hope the story sputters out this weekend, and get back to messaging about 9-9-9. Forget about Politico. Right?

Over to you, anonymous Cain aide:

A Herman Cain aide said Thursday that the Cain campaign is considering its legal options over the original Politico story, which revealed that the former head of the National Restaurant Association was accused of sexually harassing at least two women during his tenure in the 1990s.

“This is likely not over with Politico from a legal perspective,” a campaign official told the Post, stopping short of explaining what exactly he meant by taking legal action against the publication.

The Cain campaign has had an attorney advising it since Saturday on crisis management, which hasn’t gone particularly well for Cain since the story broke Sunday night.

This isn’t a real threat, just a bit of saber-rattling to impress primary voters who don’t know the ins and outs of defamation law. (The claim they’re hinting at here, presumably, is defamation. I don’t know what else it could be.) His lawyers would need to prove that Politico either knew their story was false or that they published it with reckless disregard for the truth. That’d be a mighty heavy lift considering (a) Politico relied on multiple, albeit anonymous, sources to substantiate its claims and (b) Cain doesn’t dispute the crux of the story, that he was accused of harassment by two women and they received settlements from the NRA. There’s no way Team Cain would file a suit that they’ll probably lose — the headlines in the aftermath would make it sound like the harassment charges had been vindicated — and even if they thought they’d win, they’d be saddling themselves with a completely unneeded distraction during the primaries. In fact, by the time this thing reached the litigation stage, the primaries would probably be long over and Cain’s fate already sealed one way or another. If he wins the nomination, who cares about beating Politico in court?

I’m not sure they could even use discovery to try to find out Politico’s sources. Again, that process would take so long that no one would care anymore by the time the names were revealed, and there’s a fair chance Politico would actually succeed in keeping the names confidential. Some states grant legal privileges to journalists in protecting their sources; Virginia, where Politico is based, is one. I won’t pretend to have a clue whether they’re likely to win or lose — here’s a primer, if you care — but they’d have a shot. And of course Team Cain knows it, which means the “maybe we’ll sue!” fireworks are really aimed at convincing grassroots conservatives that Politico’s story was so slimy and unfair that it might sink to the level of being legally actionable even though it almost certainly isn’t. Surf the wave of conservative outrage at media bias, Hermanator.

Here’s Perry on CNN tonight vowing that he won’t apologize when he didn’t do anything wrong.

CLICK ABOVE LINK FOR THE VIDEO



TOPICS: Crime/Corruption; Culture/Society; News/Current Events; Politics/Elections
KEYWORDS: hermancain; legalaction; politico
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1 posted on 11/03/2011 8:59:51 PM PDT by SeekAndFind
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To: SeekAndFind

great!


2 posted on 11/03/2011 9:02:11 PM PDT by ken21
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To: SeekAndFind

Stop thinking!... GO!

These bastards are not going to think twice about doing it again until you do!... Regardless!

Time to put THEIR ASSES on defense for a change!


3 posted on 11/03/2011 9:03:47 PM PDT by Safrguns
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To: SeekAndFind

DO IT!


4 posted on 11/03/2011 9:05:10 PM PDT by FlingWingFlyer (Stop Government Greed Now!!!!)
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To: SeekAndFind
If a conservative would do this EVERY TIME the presstitutes would back away unless they have ALL their ducks in a row. No more of this anonymous crap.
5 posted on 11/03/2011 9:06:29 PM PDT by 2ndDivisionVet (You can't invade the US. There'd be a rifle behind every blade of grass.~Admiral Yamamoto)
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To: SeekAndFind

Bad move. Bad politics. Rank stupidity.


6 posted on 11/03/2011 9:06:43 PM PDT by DManA
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To: SeekAndFind

Bad move. Bad politics. Rank stupidity.


7 posted on 11/03/2011 9:06:52 PM PDT by DManA
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To: SeekAndFind

Donald Trump said on Greta’s program last night, that Herman Cain should file a lawsuit against his accusers.


8 posted on 11/03/2011 9:07:14 PM PDT by no dems (Why do you never see "Obama" bumper stickers on cars going to work in the morning?)
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To: DManA

RE: Bad move. Bad politics. Rank stupidity.

Can you elaborate as to why?


9 posted on 11/03/2011 9:08:37 PM PDT by SeekAndFind (u)
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To: SeekAndFind

SAF, you really can’t see the downside of a politician suing a media outlet? He is telegraphing weakness.


10 posted on 11/03/2011 9:12:31 PM PDT by DManA
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To: SeekAndFind

I think what he should do is keep threatening to sue, which sends the message that he’s being truthful and this is a firestorm created by the media. But I’m not sure he should actually do it, because this whole thing will blow over in a short time - things like this always do - and why would he want to do something in the heat of the moment that might come around to bite him in the critical months ahead by giving the story new life? Besides, there’s no rush to file suit, and a pretty good chance that new information will come to light that will discredit his accusers without it.


11 posted on 11/03/2011 9:14:33 PM PDT by bigbob
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To: SeekAndFind

Stupid and pointless thing to say. Which more and more seems par for this course.

The candidate himself confirmed the story was true. Sexual harassment complaints WERE made and cash WAS paid. Doesn’t leave much maneuvering room for the litigators.


12 posted on 11/03/2011 9:15:34 PM PDT by tlb
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To: SeekAndFind

Sue for an outlet revealing something that he admits happened? Bad move. Rush, I believe, talked about 2 other women with stories today, one of which was very disturbing and hopefully untrue as I hope the other ones are.


13 posted on 11/03/2011 9:37:04 PM PDT by Eagles6
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To: Eagles6

I listened to Rush for most of his show today and didn’t hear anything about him talking with 2 of the women accusers.

Can you elaborate?


14 posted on 11/03/2011 9:41:49 PM PDT by Mountain Mary (I'll take a Godfather's pizza with the works!)
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To: SeekAndFind

EXCELLENT NEWS! He should include PJ Media as well. AND, they had better get to the bottom of who exactly leaked this to Politico. IF it was “Perry’s guy” as Jonathan Martin has alleged then THAT needs to be shouted far and wide as well (although I admit that I don’t trust ANYTHING said by Martin or published on Politico after their yellow journalism in late 2007/early 2008).


15 posted on 11/03/2011 9:44:31 PM PDT by LibertyRocks
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Comment #16 Removed by Moderator

To: no dems
Where did Donald Trump get his law degree?

Why didn't Bill Clinton think of this tactic in 1998? Sue Matt Drudge for breaking the Lewinsky story and see it go away, instead of spending more than one-quarter of his second term battling Ken Starr and the House Judiciary Committee over the scandal.

17 posted on 11/03/2011 9:52:55 PM PDT by Verginius Rufus
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Cain and his campaign keep bumping this story willy nilly and clumsily for several days now.

Get the response, defense/offense, facts, documents, whatever, together, in a good strategy well executed and then pull the trigger on it.

This is not the way to handle a scandal.


18 posted on 11/03/2011 9:57:47 PM PDT by D-fendr (Deus non alligatur sacramentis sed nos alligamur.)
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To: Mountain Mary

Iit was Rush. 20 something employee got drunk at a party and Cain took her back to his Crystal City apartment where she woke up not knowing where she was or what happened.


19 posted on 11/03/2011 9:57:59 PM PDT by Eagles6
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To: LibertyRocks
Absolutely . If he is going down he should take as many scumbags as he can with him. Maybe Cains job is to wipe out that Bush new tone stench that hangs over so called conservative precincts. Ryan is leading the charge . Learn from the master Clintoon. Go full Roman on anything that moves , let the vermin know that they will no longer take it in the shorts . Right or wrong , fight like it matters.
20 posted on 11/03/2011 9:58:10 PM PDT by fantom (,)
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