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Revealed: Cain describes hand gesture that led to harassment claim; Update: Small settlement
Hotair ^ | 10/31/2011 | Allahpundit

Posted on 10/31/2011 2:47:44 PM PDT by SeekAndFind

File that under “Headlines I never thought I’d write.”

Is this really it?

Cain told van Susteren that he remembered one woman who was a writer in the Association’s communications department. “I can’t even remember her name, but I do remember the formal allegation she made in terms of sexual harassment,” Cain said. “I turned it over to my general counsel and one of the ladies that worked for me, the woman in charge of human resources. They did investigate…and it was found to be baseless.”

Van Susteren asked Cain how often he saw the woman. “I might see her in the office because her office was on the same floor as my office,” Cain said. Van Susteren asked whether the woman traveled with Cain, who spent a lot of time on the road speaking to restaurant associations around the country. “No, never,” Cain said…

Van Susteren asked what Cain did that led to the accusation. There were reportedly more than one accusations in the complaint, but Cain said he recalled just one incident. “She was in my office one day, and I made a gesture saying — and I was standing close to her — and I made a gesture saying you are the same height as my wife. And I brought my hand up to my chin saying, ‘My wife comes up to my chin.’” At that point, Cain gestured with his flattened palm near his chin. “And that was put in there [the complaint] as something that made her uncomfortable,” Cain said, “something that was in the sexual harassment charge.”

So that was part of it — an exceedingly lame part of it, if Cain’s memory is accurate — but maybe not all of it. The detail about “the woman in charge of human resources” is interesting too: Politico spoke to her last week and she denied ever having heard of a complaint by a woman employee against Cain. After Cain himself acknowledged today that the complaints had happened, Politico called her back — and she no longer wanted to talk. Very curious.

Ed and Tina have been all over this today but I still have two questions. One: Like Kevin Williamson, I don’t understand how Cain didn’t know at the time if a settlement had been reached or not. I understand why he didn’t have to consent to the settlement — it was the National Restaurant Association that presumably would have been sued, not Cain personally — but if my employer was inclined to pay five figures to someone who’d accused me baselessly of sexual harassment, I’d surely want to know it. Especially if I was thinking about running for office someday, when the settlement would surface and become a rolling clusterfark for the campaign. Two: Why hasn’t anyone revealed the amounts of the settlements yet? Politico said it saw “documentation” describing the allegations and asserted vaguely that the payouts were in “the five-figure range,” but that won’t cut it. The actual numbers matter. The smaller the payouts, the more likely it is that the claims were weak and that the NRA felt comfortable driving a hard bargain. Someone somewhere knows the numbers, whether inside Cain’s campaign, at the NRA, or in Politico’s newsroom. Let’s have ‘em. The man’s credibility is at stake and that’ll be a useful data point.

Here’s a new clip showcasing his best moment at the National Press Club this afternoon, goofing on the Karen Finneys of the world who claim the right’s interest in him is chiefly as an aegis against racism charges. Exit quotation: “This many white people can’t pretend that they like me.”

video platformvideo managementvideo solutionsvideo player

Update: Byron York updated the piece I linked above with this key detail:

Cain also offered new information about the settlement of the case. Politico, which broke the sexual harassment allegation story, said that the woman received a money settlement “in the five-figure range.” When van Susteren asked about that, Cain said, “My general counsel said this started out where she and her lawyer were demanding a huge financial settlement…I don’t remember a number…But then he said because there was no basis for this, we ended up settling for what would have been a termination settlement.” When van Susteren asked how much money was involved, Cain said. “Maybe three months’ salary. I don’t remember. It might have been two months. I do remember my general counsel saying we didn’t pay all of the money they demanded.”

“I do remember my general counsel saying we didn’t pay all of the money they demanded” — and yet, this morning he claimed that he “wasn’t even aware” of a settlement. Maybe his campaign staff researched it and briefed him sometime between this morning and the interview with Greta? Or maybe, as a Twitter pal suggests, Cain was playing coy earlier because his lawyers had to double check on what he was legally able to disclose?

He also claims that he’s only aware of one formal complaint even though Politico claims there were two separate accusers. Stay tuned.

Update: An excellent point from Philip Klein. Politico was in touch with his staff for 10 days about this story. If Cain did get briefed this morning about the details of the settlements, why did it take the campaign 10 days to do that? They weren’t blindsided here.

Update: The Times asked a lawyer who specializes in sexual harassment claims whether it’d be unusual for the accused not to know about the settlement. The answer: It wouldn’t be unusual for him not to participate in the settlement, but knowing about it is a whole other matter.

“A prudent general counsel, will say, ‘Look–I want you out of the mix. You should not be involved in this.’” she said. The matter would not have to be taken up with the full board of an organization, and depending on its rules, could be handled by individual board members and officers.

But Mr. Cain’s further contention that he learned nothing more of the matter, she said, “completely defies credulity.” If the organization had, in fact, conducted a “thorough investigation,” as Mr. Cain said, he would have probably picked up a great deal of information from the questions that would have been put to him.

For most executives in this position, she said, it is only natural to inquire after the fact as to the outcome — even if it’s just to say, “Hey, what happened with that, and why are these ladies no longer here?”

CLICK ABOVE LINK FOR THE VIDEO



TOPICS: Crime/Corruption; Culture/Society; News/Current Events; Politics/Elections
KEYWORDS: hermancain; sexualharrassment
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To: lonevoice

Uh, the question was: “I’m still trying to figure out what a verbal gesture might be.
2 posted on Monday, October 31, 2011 2:51:23 PM by Paladin2”

And my answer was: A certain sexual movement of the tongue while speaking. You know, like Obama talks when describing his wife Michael.

I was being sarcastic, guess my tongue in cheek comment could be considered sexual by some.


41 posted on 10/31/2011 5:13:14 PM PDT by Sea Parrot (Democrats creation of the entitlement class will prove out to be their very own Frankenstein monster)
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To: traditional1

When I worked at BP America in the 90’s, a charge of sexual harassment was the quickest way for a woman to get promoted “away from the offender”.

It happened a lot.


42 posted on 10/31/2011 5:31:22 PM PDT by netmilsmom (Happiness is a choice)
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To: hellbender

Can hardly believe people are continuing to make issue of this...it’s the oldest political smear trick in the book for the media to have a scandal....that will keep Obama off the front page.


43 posted on 10/31/2011 5:54:45 PM PDT by caww
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To: DaveyB

This is a transparent slander by the Left.
The left? Have you ruled out Romney?


Excellent point - if this were coming from the left they’d wait until he became the nominee. I guess it is possible that the left would release this now to eliminate him so as to keep Romney at the top.


44 posted on 10/31/2011 5:59:21 PM PDT by gnawbone
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To: SeekAndFind

Corporations have lots of lawsuits at any one time. This one was small potatoes. Forgettable.


45 posted on 10/31/2011 6:04:02 PM PDT by buffaloguy
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46 posted on 10/31/2011 6:13:25 PM PDT by TheOldLady (FReepmail me to get ON or OFF the ZOT LIGHTNING ping list)
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To: moose-matson; FreedomNotSafety

You, moose, have all the markings of a troll. In 10+ years at this site, to the best of my recollection, I’ve never called any poster by that term. So you are really *special* If you are not a paid Obot, you should apply and at least get paid. You’ve spent a good deal of your FR time trashing both Cain and Palin in the standard Obot passive-aggressive style.

Your comment to which I replied had nothing whatsoever to do with revealing the facts, only Cain’s response: “Nice try but I would have a hard time trusting somebody who doesn’t remember having been sued for sexual harassment to run this country...especially if the accusations were false.”

Having been called naïve as to the real world in which powerful people such as Cain operate, you pull the old hypocrisy card, and change the topic: “If this were obama or clinton or romney or perry you’d be screaming for the facts to be revealed. You know it. We know it.” Who’s this “we” by the way? Pure Obot.

So, your initial comment was about Cain’s memory of events TWENTY (20) years ago, that by your lights he should remember with perfect clarity, but you then change the subject to exposing ‘the facts.’ Your initial comment appears to have conceded the allegations as not true.

If you really cared about truth and the facts, you would be calling for the accusers to step forward and lay out their case, offering Cain a fair and open rebuttal (as I have done over the past 24 hours) but you seem perfectly okay with just letting the anonymous smear sit out there, and finding fault with Cain’s recollection of 20 year old events. Yeah, you are some Christian. Ha!


47 posted on 10/31/2011 6:45:48 PM PDT by EDINVA (We Can't Wait, either)
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To: traditional1

OK, I consider myself educated in a subject I find despicable and pitful.


48 posted on 10/31/2011 7:45:13 PM PDT by the invisib1e hand (...then they came for the guitars, and we kicked their sorry faggot asses into the dust)
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To: FreedomNotSafety

A settlement isn’t “minutiae.”


49 posted on 10/31/2011 7:46:05 PM PDT by the invisib1e hand (...then they came for the guitars, and we kicked their sorry faggot asses into the dust)
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To: the invisib1e hand

Truth is not in you.


50 posted on 10/31/2011 7:52:16 PM PDT by editor-surveyor (No Federal Sales Tax - No Way!)
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Comment #51 Removed by Moderator

To: the invisib1e hand

Good, now we’ve established your IQ and character.

Keep spouting.


52 posted on 10/31/2011 7:59:21 PM PDT by editor-surveyor (No Federal Sales Tax - No Way!)
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To: SeekAndFind
This is getting crazy. Allapundit raises a lot of interesting questions, and invokes a few more of my own:
  1. Why are people acting like the hand gesture is "all there is"? Cain explicitly says that the hand gesture "something that was in", and "that was put in", indicting that there were other things in the complaint (otherwise you would say "that's what the complaint was about").
  2. Since there were obviously other things in the complaint, and Cain now seems to know what was in the complaint, why isn't he telling everything that was in the complaint?
  3. Why did the woman in human resources deny having heard of a complaint, if Cain says she was actually the one who investigated it?
  4. Cain says his general counsel and a lady who worked for him investigated, and found the complaint baseless. Why does he think the general public would accept the word of two of his paid employees on an investigation, if they were inclined not to believe him? It's hardly an "independent investigation".
  5. As I have said before, I don't understand how Cain could have NOT known about the settlement.
  6. Why does cain now say he "does remember" his counsel telling him about the money paid out, when he said before he had no idea there was a settlement? the words "I remember my general counsel" certainly doesn't sound like "I was told this morning", but rather "I'm remembering something from a while ago".
  7. And, as he said, Politico brought this up 10 days ago. If they could get information between this morning and tonight, why couldn't they get information last week and pre-empt the story or be prepared for it?
None of these questions go do the validity of the allegations. The allegations are "real" -- Cain himself has now verified one of the complaints, AND the settlement -- so attacking Politico for "making this stuff up" is no longer a valid line of argument. And the problem for Cain in my mind isn't the allegations, but how he is handling this. (I don't care how badly his supporters are handling this -- running around calling Perry a queer and a drunk really isn't "handling" anything)
53 posted on 10/31/2011 9:33:55 PM PDT by CharlesWayneCT
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To: WashingtonSource

No, he said he did not know there WAS a settlement, was surprised to learn there was a settlement, and hoped it wasn’t for much.

Now he says he remembers his counsel telling him about the settlement. That would be an odd way of saying it if his counsel told him TODAY. More likely he forgot all about the settlement, but now that he is thinking about it and talking to others, he is slowly remembering things.

Except he had 10 days to do this, so that’s not a good explanation. But it can’t be (as the article speculates) that he was being “coy” this morning — because what he said was clearcut, not coy, and if he really knew this much about the settlement this morning, what he said this morning would have been a lie, and I don’t believe Cain would lie to be coy.


54 posted on 10/31/2011 9:38:11 PM PDT by CharlesWayneCT
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To: FreedomNotSafety

No way Cain is going to argue that he gets sued for harrassment so often he didn’t remember this one.


55 posted on 10/31/2011 9:40:20 PM PDT by CharlesWayneCT
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To: TigersEye

That would require him to be part of the agreement, so he would be bound by it. No way he was part of the agreement and didn’t remember it.


56 posted on 10/31/2011 9:43:16 PM PDT by CharlesWayneCT
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To: DaveyB; hellbender

How could it be a “slander” by either the left or Romney? The complaints were filed in the 1990s. Cain has now admitted that there was at least one complaint, and that the woman worked for the association, and that she was paid a settlement.

So how is reporting that a slander? How would the left have set this up to get the woman to file a false complaint in the 1990s? How would Romney?

The “slander” would have been the woman making the charge, if it was false. Not reporting the charges now. And the problem with “settling” a charge is it’s very hard later when it comes up to argue that the press should IGNORE it.


57 posted on 10/31/2011 9:47:52 PM PDT by CharlesWayneCT
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To: traditional1

being an interviewee in a department is a bit different from being president of the organization. And it’s still weird for a person to not care what became of the complaint. I would be too curious to let it drop, and you’d think a guy ambitious enough to be President wouldn’t ignore things like this.


58 posted on 10/31/2011 9:51:00 PM PDT by CharlesWayneCT
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To: CharlesWayneCT
So you think the NRA worked out a settlement but didn't get the accused party to sign off on letting it go? And you think signing a document to be quiet about some gold digging nutcase who filed a harassment lawsuit over a comment about his wife's height is memorable. LOL

If that makes sense to you then knock yourself out.

59 posted on 10/31/2011 10:08:17 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: moose-matson

To 39 - You’re exactly right about that. If this were Perry they would be champing at the bit. I watched the Cain Q&A with Jenna Lee Monday and in my opinion he handled the queries impeccably. Now I get home after a flight from Dallas and learn there is more to the story. With Jenna Lee, Cain was adamant that he knew nothing of these women, now he later speaks with Greta and gives this recollection of a gal being offended because he compared her height to his wife’s. I still give Cain the benefit of the doubt but for him to go from ‘not recalling’ to later ‘recalling one incident’ makes me want to step back a bit and see how this plays out.


60 posted on 10/31/2011 10:16:17 PM PDT by jla (Who says Perry's a conservative? - Rush, Inhofe, Levin, Palin, Blackwell & Sowell do.)
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