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Of course, even though Cain is a public figure, Politico may still be open to being nailed for printing a story with reckless disregard for the truth.

In practice, the "actual malice" is almost impossible to prove. If there were two settlements, we really start getting into an area of - where was the defamation?

With regard to the issue of documentation, I find it extremely suspicious that even after the NRA gave permission for the accuser to speak, she still did not produce the "agreement."

I haven't followed it closely. Did she refuse to give the NRA the right to release the agreement? I will say that long before Obama appeared on anyone's radar screen, I was naturally skeptical of anything that came out of Chicago, Memphis, or Little Rock.

And not Little Rock because of Clinton. Little Rock was the mob and gambling and corruption before Las Vegas existed. Memphis is still a place where I don't think I would trust a politician or a law enforcement agent. When it comes to Memphis in recent years, I have only two words: "Logan Young."

I don't believe in conspiracies, but I'm convinced that man was murdered. Although three days after he was murdered, the Memphis police decided that it was an accidental slip and fall against the bannister of his stairs that caused him initially to be "beaten beyond recognition."

I have no idea who Logan Young was. I presume some kind of a local story.

In practice, the "actual malice" is almost impossible to prove. If there were two settlements, we really start getting into an area of - where was the defamation?

You keep referring to it as a settlement. Cain made a big deal about it being an agreement. Do you see a difference? Also, until we see what the complaints were, how can we judge if there was anything to them? We will probably never know since it is common to pay people to just go away, whether the complaint is justified or not. I've seen it many times.

I haven't followed it closely. Did she refuse to give the NRA the right to release the agreement?

I have followed it reasonably closely. It is my understanding that her attorney hid behind the nondisclosure agreement. Then the NRA released her from the agreement, but she didn't disclose it. Neither did the NRA. Whether the NRA asked her to release them or not, I haven't heard. I suspect that the NRA would like to stay as far away from this as they can.

By the way, I'm sure you've heard the quip that the law is a game that lawyers play using other people's money to keep score. That's certainly been my experience, and a great deal of it was mine. :-/