Skip to comments.Lawyer for Cainís accuser: She wants to tell her side of the story (No more confidentiality?)
Posted on 11/02/2011 7:23:15 AM PDT by SeekAndFind
She wants to, but … she can’t because of the confidentiality provisions in the settlement agreement. That puts Cain in a tough spot. Even though it’s up to the NRA, not him, to waive those provisions, the media will want to know if he thinks they should. If he says no, it looks like he has something to hide and that he’s afraid of what she might say. If he says yes, the NRA might very well issue the waiver and then this story is suddenly rolling along again. Obviously, if she wants to speak publicly, she thinks she has something damaging to say about him.
Lawyer Joel P. Bennett called on the National Restaurant Association, where the woman and Cain worked in the late 1990s, to release the woman from her written promise not to talk about the allegations or disparage the trade group.
It is just frustrating that Herman Cain is going around bad-mouthing the two complainants, and my client is blocked by a confidentiality agreement, Bennett said. The National Restaurant Association ought to release them and allow them to respond.”…
If we didnt have a written settlement agreement that says confidential and no disparagement, I think shed be very comfortable coming forward, the attorney told The Post on Tuesday. Not because she would be so hellbent on doing something to Herman Cain I dont know that.
For all practical purposes, Herman Cain has already done that waived confidentiality, Bennett said. But legally that might not constitute a waiver.
Interestingly, Bennett doesn’t remember being at the NRA to negotiate the terms of the agreement and thinks it might have been handled over the phone “quite expeditiously,” in WaPo’s words. The more pro forma the process was, the more likely it seems this was a nuisance settlement and not some blockbuster allegation that made NRA lawyers scramble. That’s the good news for Cain; the bad news is that Bennett might be right about him having already breached the confidentiality agreement by publicly discussing specific details of the charges. Any employment lawyers care to weigh in on that? After yesterday’s endlessly evolving storyline about whether and when Cain knew about the settlements (click this link and cringe), I’m not even sure that he signed the agreement. Can you breach a contract whose terms you don’t know and to which you’re not a party?
His PAC is now fundraising off of this story, by the way, alleging that it’s another “high-tech lynching” of a black conservative. According to Mark Block, the campaign itself had its biggest day yet online yesterday, raising more than $250,000. I sure hope he’s innocent; if he’s letting blue-collar supporters show solidarity by plowing hard-earned money into his coffers when he knows there’s more to this story than has come out, it’d be a disgrace. Exit question via Conor Friedersdorf: The conservative knock on Romney is that he’ll get rolled by Democrats as president because he stands for nothing. There are no ideological red lines he’ll refuse to cross because, allegedly, there are no ideological red lines for him in the first place. Isn’t Cain in a similar position, though? In his case it’s not a lack of principle that’s the problem, it’s a lack of policy expertise. He frequently hedges his answers by emphasizing that he’ll rely on “experts” and thorough briefings as president to make sound, informed decisions. (He actually deferred to his economic advisor on a question about 9-9-9 yesterday at the National Press Club). But as Friedersdorf says, the more you let experts fill in the policy blanks for you, the more power those experts have to subtly shape your policy decisions. It’s not the same problem as Romney’s — the worry there is that Mitt will be influenced by Democrats, not his own advisors — but it’s a problem if you’re someone who frets about the corrupting effect of the Republican establishment. A lot of those experts and advisors will come from the establishment. How confident are you that Cain will tell them no when they’re pushing him, replete with carefully selected “facts,” to make some deal that’s bad for the right?
Update: Cain was on “Special Report” tonight and was pressed by Bret Baier on whether the confidentiality provisions should be waived. His answer, via the Corner:
I cant answer that now because there are legal implications, Cain told Fox News regarding the Washington Post article that the woman would like to speak. If the restaurant association waives that [confidentiality agreement] I just found out about this today. There are legal implications associated with that that Im not totally familiar with yet, so I cant give you a definitive answer on that until we consult with our legal attorneys and also talk to some others. We cant answer that right now. Its too soon.
Cain said he was absolutely certain he had not violated his side of the confidentiality agreement because he had not named the women involved…
In response to whether he thought his being a black conservative was related to the charges coming out, Cain said, I believe the answer is yes, but we do not have any evidence to support it.
He also said he should have been “better prepared” to deal with the story when it broke.
In the words of W, “Bring it on!” I think that Cain should recommend waiving the confidentiality and allow them to say whatever it is they would like to say. It will kill this story FAST! My prediction is that it is a non-story much like the email dump of Palin’s emails.
The lawyer doesn't want to go back to the original issue ~
My guess is he destroyed his files years ago. The woman no longer has her files either. The NRA has no files.
With her lawyer’s assistance, she has *already* violated her confidentiality agreement.
I’m $ure %he doe$!
People sense the unfairness here and are hungry to see SOMEONE fight back in this kind of smear situation. The worst thing he could do is take it on the chin & look weak.
This lawyer is an ass. All he wants here is to get his name all over the media. He is talking about something he really knows nothing about as best I can tell.
How much has she been offered and by whom to take down Herman Cain?
the longer this is dragged out it doesn’t help Cain
If I were Cain, I would release everything and deal with this a soon as possible. It’s not a question of if, but when the women in these charges will accept a payment greater than the confidentiality agreement, and to “sensationalize” the charges to boot in order to make it worthwile for the news cycle.
If there are no written records, than this thing can go bad in a hurry in a he said/she said, he did/she did scenario.
She and the other accuser have had 12 YEARS to come out against Cain about this.
Joel Bennett enjoys a good scheme with John Podesta
THE REAL DEAL:
Former President of National Restaurant Association has Ties to the Mitt Romney Campaign
Steven C. Anderson took over the helm as Chief Executive Officer at the National Restaurant Association
Herman Cain's departure in 1999
Whenever Team Romney had rumors they wanted to start about other candidates,
Jonathan Martin has been their go-to guy to get those rumors in writing in front of a national audience.
And The Most Irresponsible Journalist Award Goes to The Politicos Jonathan Martin!
So tell me, how do you write a news story about an organization paying for a speaker when you dont even know if the organization is paying for the speaker?
Ask journalist Jonathan Martin. He knows all about it.
You see, Jonny wrote a piss poor story the other day about how the Iowa Family Policy Center will be paying a large speaker fee if Sarah Palin comes to Iowa to keynote the IFPCs fall funderaiser.
The only problem is that Jonny has no sources confirming that any exorbitant fee is being charged or paid.
Jonny also got some inside info from David Kochel, who was a top aide to former (and future) presidential candidate, Mitt Romney.
Hey Dave, didnt I just read a story about how Mitt Romney tried to buy off the Iowa Christian Alliance?
I heard you helped facilitate that little scheme. And somehow you are shocked at the thought of a well-known political figure (who very likely isnt running for president) getting paid a speakers fee for (gasp) a public speaking appearance? ..
and then weve got Tim Albrecht quoted. He was the Iowa spokesman for Romneys 2008 caucus campaign.
And it always seemed like, whenever the Romney people had rumors they wanted to start about other candidates,
Jonny was their go-to guy to get those rumors in writing in front of a national audience.
"Who's the Palin Leaker from the McCain Campaign?
National Review Online The publication of a Vanity Fair profile of Sarah Palin
appears to have opened old wounds in the McCain campaign.
... the source of the Diva leak was Nicolle Wallaces husband."
RE: the longer this is dragged out it doesnt help Cain
You bet the left WANTS to drag this out as far as they can.
As I said, Politics is a BLOOD SPORT.
Bill Clinton and Barney Fwank are very good at it ( with the help of the MSM of course).
If Cain can get through this pressure and pass with flying colors, it is a good indicator that he can handle the GREATER pressure of the Presidency.
If he can’t, he was never meant to be our leader.
Gee, I wonder what we would find in HER back ground if she is released from her agreement.
Who has the authority to release her from the agreement — Cain, or the Assn?
Would be folly to do so.
RE: Why now?
Same question can be asked of all the sexual accusations against John McCain, Nikki Haley, Clarence Thomas and yes, Sarah Palin.
The question should really be, WHY NOT NOW?
There's no lawsuit here, and that, BTW, is why you need to file lawsuits, or complaints with government bodies with some jurisdiction.
If you don't file a lawsuit and simply take a payoff to go away and shut up, that's what you've got ~ money.
There's no future payoff if there's no record.
Her lawyer should have told her that ~ before he settled it by phone. Bwahahahahahahahaha!!!!!!!!!!! ROTFLMAO!
It's like a minor insurance settlement where you bumped a car ~ so you just paid the guy, or he paid you. Those records don't last long at all.
If she is willing to tell her story to his lawyers, it becomes open season on her. Every facet of her life will become an open book.
My prediction is that, one way or another, she will get to tell her story and be revealed as a total fruitcake, liar, lowlife, etc. as well as a big time Leftie.
Lots of people in the hospitality industry are Leftist and bitter, as usual, since they are all geniuses, of course, and have never been recognized, given a chance, blah, blah, blah. Cain should employ the tried-and-true Clinton strategy of "nuts and sluts".
After all, if any of this is true, this woman sold her honor and her truthfulness for $35,000.
It wouldn’t surprise me if the lawyer leaked it. He’s probably trying for some financial gain or hoping to get on a national stage.
Looking at the settlement, he’s obviously a small-time lawyer. He wants the attention for himself.
This woman is a loser. Her actions show she is bought and paid for. We should ignore this and continue discussing the candidates of our choice. It’s just the same old shame old that the Lefties and RINO Lefties use every time. It deserves no space.
I've not met many Mensa members from that field.
HE IS A CLINTONISTA ~ the lawyer is a CLINTONISTA and the current President of NRA is also a CLINTONISTA.
It is NOT a KOINKYDINK that all three are together in the same picture.
This is for Hillary ~ sure, she's not running at the moment but if the Clintonistas think they got the goods on Obama and the Obots, she'll be ready to step in and run at the drop of a hat.
So, the Clintonistas think they can take down Cain and Obama and end up with Romney!
What I was saying yesterday.
I think someone in the Media, mainstream or other, should be releasing everything that is available about this and the other complainant so that we can judge their veracity as we must of Cain. Hell, they knew everything and exposed everything they could about poor Paula Jones, her family and her “trailer”. Maybe “Snakehead” could give them a few wHOs to do it.
She can start by paying back the money she received in her 'settlement'. Obviously, she acted in bad faith in that she does not consider this matter 'settled'.
BTW, Is the Lincoln-Douglas style debate between Cain and Gingrich still on? I hope this will not distract Cain from performing well in that debate...
my instinct is that it’s BS but on the other hand why pay off for nothing
if the details are bad then he’s done
the allegations are something about his johnson being bigger or something lurid
what bothers me more than that this may or may not be an issue is that this is more proof that the media works overtime as the hit team for the Left now...none such vetting of Obama still to this day...and all Lefties get a pass for poor sexual behavior
Clinton may have raped a woman and I’m convinced Clinton pressed himself rudely onto many women in a boorish at best fashion yet got elected POTUS twice
if Cain just joked in poor taste in front of this women then he is done
it ain’t fair is it?
for the Left...media, Hollywood and so forth it’s all about complete transformation of this nation and by extension the West into their multicultural non Christian socialist vision...and any GOP candidate...even Romney...is in their way.
Folks here needn’t be fooled into thinking they want Romney...they will McCain him in a heartbeat
I figure they would fear a righty black man or woman more
Seems to be helping him very well.
RE: my instinct is that its BS but on the other hand why pay off for nothing
The bean counters at the NRA reckoned that for a small separation payment ( and it was quite small, something in the order of just 5 figures, which is normal for many people who got laid off after working for many years in a company), they could make her just go away quietly and not make a big scene.
In fact, I know a lot of companies do that just to avoid any more UGLY, public confrontations.
And yes, I read somewhere that it was investigated by HR and found to have little merit.
it is right now cause folks are angry he’s been accused or exposed or whichever term suits ya
but let it become the drum beat
Remember the woman who was running for governor of California against Jerry Brown. The charges of hiring an illegal and mistreating her came out, and no matter how she tried to explain it away, it hurt her anyway. Even if Herman Cain did nothing wrong, if he has to take time explaining it away, while the woman goes on TV with Gloria Allred at her side, weeping and wailing how she was “victimized”, it won’t do any good for Cain.
The lawyer for the woman who supposedly ‘wants’ to talk has not contacted anyone except the press. There has been no request for a release from the National Restaurant Association. They say they have heard absolutely nothing from either the woman OR her lawyer.
This is fishing for bid$.
It is a left wing propoganda technique to post fake pictures of people. Are you a democrat operative posting as a conservative to mislead people like the way Hitler did, putting out ugly pictures of the Jewish people? Romney is not a used car salesman, tha picture is fake. Hitler used propoganda to do what he did, what’s your motive for posting a fake, photo shopped picture of Romney as a used car salesman, maybe a little bit of brainwashing for the masses?
Give back the money and tell your story or stfu
What is the obvious reason the women would want to waive the confidentiality agreement? $$$$$$$$ & desire for attention.
Those people need some serious Crest White strips. Are they Libs?
As far as I know. I wouldn’t think it would hurt Cain’s abilities. I am sure he has been expecting this kind of thing from the Left and the RINOS.
Not a settlement. Several news stories confirmed yesterday this was severance pay.
There was an investigation at the time, nothing was found, no legal action was involved, no deposition, nothing. She was fired and got severance.
I wouldn’t care if she came out with the details, if I could trust that our conservative media would do their job and dig and get to the bottom of things. But it’s not about truth anymore, it’s about the soap opera. She will be paraded as the victim on the View, Nancy Grace and even Greta.
Just like Palin. They throw these accusations out there. The people like Levin get to the bottom of things, but that never makes the news, so the lie just “hangs out there”
I have paid severance many times..I have never paid a full year...maybe 3-4 months tops
and never a confidentialty agreement ...ever
it’s more than just a laid off package
and btw...you don’t normally give severance to someone you “fire”
you tell them to pack their bags...severance is for good but laid off employees
I am aware of many firings with severance. It makes sense in contentious situations. Grease.
If and when the media starts to examine mac daddy the way they do others then maybe there will be some type trust awarded, until then there is no trust in anything they do or say - none.
Diogenesis can defend himself or ignore you. BUT, I couldn’t help but see your mention of Hitler.
There is a rule regarding internet debates. The first person that brings up a comparison to Hitler in the debate, immediately loses the debate. It doesn’t matter if you were right on every other aspect of the debate, you stepped over the line, you lost. Any further debate from you is pointless.
Have a nice day....
Godwin’s Law, you lose.