Herman Cain believes that he has found the fingerprints on the knife in his back in the expanding sexual harassment scandal . . . Rick Perry. The Cain camp has said it was Perry’s campaign that leaked the story to Politico in a hit job on Cain. Of course, there still remains the question of who told the Perry campaign about the allegations in the confidential settlement. Yet, according to the New York Times article below, there were plenty of folks who were aware of the allegations — and contradict Cain’s account. In a race to the bottom, Perry’s people have pointed fingers at the Romney camp.
Cain says that a top political adviser to Mr. Perry leaked the details and that the adviser learned of the allegation while working on Cain’s failed bid for the Senate in 2004. Attention also has been focused today on a Perry pollster who worked for the National Restaurant Association during that period.
Perry insists the allegation is “reckless and false,” which leads to a question of whether any of this could result in a defamation charge. As is often the case, politicians often cry falsehoods but never bring such charges where the true culprit would be exposed in discovery. Someone is clearly lying not just about the original harassment allegations but the source of the recent disclosures. It would appear that both would be grounds for defamation. The sexual harassment claims raise moral turpitude and illegality. The charge of being the source of the scandal raise allegations of lying and bad practices. Both could be placed within common law categories of “per se” defamation.
There is no liability for raising the controversy for the Perry adviser unless he violated a confidentiality rule, such as acquiring the information as an attorney in a representational role. However, repeating defamation is defamation — in this case potential per se slander.
It is unlikely that either camp seriously wants to find itself in discovery. Thus, we will continue to have both camps scream liar, liar without litigation — or resolution. What is interesting are the new sources claiming that the details of the harassment claims would end the Cain campaign. Cain and the restaurant association will be likely under greater pressure to waive the confidentiality rule, as discussed earlier.
Source: NY Times
http://2012.talkingpointsmemo.com/2011/11/details-emerge-on-cains-accusers-cain-campaign-starts-the-trashing.php?ref=fpa Cain plans to drag accuser through the mud.
http://www.gallup.com/poll/150611/Democrats-Liberal-Less-White-2008.aspx “Democrats are more likely than average to be women and non white.” That is certainly the case in Texas.
SwM,
When I referred to Huntsman pulling a Clinton ’92 I was remembering Clinton’s standing as he went into the ’92 N H primaries. He had given that long, rambling speech in ’88 at the Democratic convention introducing Dukakis,that was so bad the audience actually applauded when he said “In closing …”. During the run up to the N H primary in ’92 there were allegations that he had engaged in extramarital affairs, had smoked marijuana, and had avoided military service during the Vietnam War … further, he was from a small state and the pundits had nicknamed him “Bubba”. He didn’t win N H but he took an unexpected strong 2nd place.
If Huntsman can pull a Clinton ’92 in N H and then go on to take S. C … Romney could be in real trouble. That’s what I think Huntsman is planning and thus why he’s spending so much time and money in S.C.
http://2012.talkingpointsmemo.com/2011/11/nbcwsj-poll-obama-improves-against-romney.php?ref=fpb Obama trounces Cain.
http://2012.talkingpointsmemo.com/2011/11/new-herman-cain-accusation-a-challenge-to-conservative-supporters.php?ref=fpb
Juanita Broderick
Jennifer Flowers
Kathleen Wiley
Paula Jones
Sandra James
Monica Lewinsky
Eileen Wellstone
Swarthmore,
Crazy. The guy has sexual abuse allegations coming out of the woodwork and his numbers are going up?
http://www.gallup.com/poll/150617/Cain-Ties-Romney-Atop-GOP-Field.aspx Cain’s numbers are improving.
http://andrewsullivan.thedailybeast.com/2011/11/bialek-presser-reax.html
Thanks for the link Swarthmore Mom. I forgot to include it!
http://www.huffingtonpost.com/2011/11/07/sharon-bialek-herman-cain-accuser_n_1080056.html?1320692293&ncid=edlinkusaolp00000009&icid=maing-grid7%7Cmaing5%7Cdl1%7Csec1_lnk2%7C110569
The fourth woman has come forward with allegations against Cain! It couldn’t happen to a nicer putz.