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Lawyers See Cain Accusers as Free to Talk
Politico ^ | 6 Nov 2011 | Josh Gerstein

Posted on 11/06/2011 9:48:17 PM PST by smokingfrog

The women who accused GOP presidential candidate Herman Cain of sexual harassment more than a decade ago have effectively been released from any agreements they signed pledging not to talk about the alleged episodes, according to employment lawyers.

On Friday, the group Cain headed at the time, the National Restaurant Association, agreed to release one of the women from her confidentiality pledge—at least to allow her attorney, Joel Bennett, to release a carefully drafted statetment saying she stood by the charge.

But because Cain has called the charges fabricated and at least in one instance suggested one of his accusers had performance problems at work, the women likely are free to speak out now regardless of whether the assocation formally consents, the attorneys said. And one prominent lawer who handles sexual harassment and discrimination cases said the women could even bring a libel suit against Cain.

“In my view, there’s nothing left of the confidentiality to maintain. [Cain] has tarnished, he has impugned the integrity of these women by saying these were trumped-up charges ,” said Debra Katz of Katz, Marshall & Banks, a D.C.-based employment law firm. “He misstated the nature of the payment…I can’t understand for the life of me while Joel Bennett is taking such a legalistic approach.”

Katz said any statement by the woman involved doesn’t affect the NRA’s reputation, especially as regards a decade-old incident involving a single alleged wrongdoer. “The allegations were made about a specific individual, not a more widespread atmosphere,” she said.

(Excerpt) Read more at politico.com ...


TOPICS: News/Current Events; Politics/Elections
KEYWORDS: cain; cain2012; cainscandals; caintrainwreck; hermancain; martin4romney; martindirt; martindirtytrick; politico4romney; politicodirt; politicodirtytrick; romney; romneydirt; romneydirtytrick; rove; rovedirt; rovedirtytrick; sexualharassment
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1 posted on 11/06/2011 9:48:18 PM PST by smokingfrog
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To: smokingfrog

There’s nothing worse than kicking a dead horse. It’s time to move on.


2 posted on 11/06/2011 9:56:35 PM PST by stars & stripes forever ( Blessed is the nation whose God is the Lord.)
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To: smokingfrog

“The first thing we do, let’s kill all the lawyers.” ~Henry The Sixth, Part 2 Act 4, scene 2, 71–78 by Wm. Shakespeare


3 posted on 11/06/2011 9:56:48 PM PST 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: smokingfrog
We have literally made a federal case out of a grown man asking a grown woman and she wants to get laid...

Is this a great country or what?


4 posted on 11/06/2011 10:02:54 PM PST by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: smokingfrog

Katz must understand that this anonymous person might want to remain anonymous, or is holding out for a big payday down the road.


5 posted on 11/06/2011 10:03:53 PM PST by truthfreedom
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To: smokingfrog

Believe me, a lawyer who defends these cases can make just as strong an argument the other way.

To put this all on Cain when he didn’t start it, and the women clearly spoke to Politico and broke teh agreements first, is completely unfair.

A VERY VERY BIG POINT: I have never heard anyone say that Cain agreed to keep anything confidential. The women signed a release in return for the money, it is very likely no one thought to ask Cain or the company to remain quiet.


6 posted on 11/06/2011 10:05:06 PM PST by Williams (Honey Badger Don't Care)
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To: nathanbedford

is that what happened? I thought we had no idea what happened?


7 posted on 11/06/2011 10:05:24 PM PST by truthfreedom
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To: 2ndDivisionVet

If you were to lay all the lawyers in the world end to end on the bottom of the ocean.


8 posted on 11/06/2011 10:06:31 PM PST by Jeff Chandler (Ah, the old Hope-a-Dope.)
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To: nathanbedford
Actually, we have no idea what instigated this harassment complaint. Body odor? Disgruntlement? A lame joke? A misunderstood utterance? No one knows!
9 posted on 11/06/2011 10:07:25 PM PST 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: truthfreedom
Who cares what happened?


10 posted on 11/06/2011 10:07:46 PM PST by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: smokingfrog

If they’re NOT trumped-up charges and if the women are free to talk, why don’t they come forward and present their evidence?

So far, this has been nothing but one innuendo after another.


11 posted on 11/06/2011 10:08:20 PM PST by TBP (Obama lies, Granny dies.)
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To: smokingfrog

How exactly does one libel an anonymous person? Do tell.


12 posted on 11/06/2011 10:10:14 PM PST by william clark (Ecclesiastes 10:2)
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To: smokingfrog
Politico was formed in 2007 by Washington Post political reporters, after the macaca'ing of George Allen in 2006.

I see that they're still up to their old tricks with another Sunday night rehash of last Sunday's night's story.

It's time to macaca the MSM.

-PJ

13 posted on 11/06/2011 10:12:01 PM PST by Political Junkie Too (If you can vote for President, then your children can run for President.)
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To: stars & stripes forever

Not only that she doesn’t have anything to say! It was a bogus charge!


14 posted on 11/06/2011 10:13:22 PM PST by tallyhoe
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To: smokingfrog

Gee. can’t we just....

move on?


15 posted on 11/06/2011 10:15:14 PM PST by bigbob
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To: smokingfrog

How do you “impugn” the reputation of “anonymous”?


16 posted on 11/06/2011 10:24:49 PM PST by Terry Mross (Where is the OPPOSITION party? I'll only vote for a SECOND party.)
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To: nathanbedford

The country is going to hell in a handbasket, we’ve got a bi Marxist President, and we’re worried about about what he said/she said 15 years ago?agog


17 posted on 11/06/2011 10:26:48 PM PST by The_Media_never_lie
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To: nathanbedford

The country is going to hell in a handbasket, we’ve got a bi Marxist President, and we’re worried about about what he said/she said 15 years ago?


18 posted on 11/06/2011 10:27:52 PM PST by The_Media_never_lie
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To: nathanbedford

The country is going to hell in a handbasket, we’ve got a bi Marxist President, and we’re worried about about what he said/she said 15 years ago?


19 posted on 11/06/2011 10:28:00 PM PST by The_Media_never_lie
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To: 2ndDivisionVet

In context, you’d see that Shakespeare meant that would not be a good thing.


20 posted on 11/06/2011 10:28:52 PM PST by USFRIENDINVICTORIA
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To: Terry Mross

So Bill Clinton getting BJs in the White House was a non issue to libs but this is a big story?

Liberals playing the race card and playing up black male as oversexed animal. This is why they see Racism everywhere — what Freud called projection.


21 posted on 11/06/2011 10:29:57 PM PST by TigerClaws
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To: smokingfrog

If Cain wasn’t a party to the agreements, what difference does it make what he says? He doesn’t appear bound by them. With the NRA having waves the confidentiality clause and the woman still refusing to be specific or named, this can’t go anywhere. It’ll wait to see if he’s nominated.


22 posted on 11/06/2011 10:31:00 PM PST by newzjunkey (Republicans will find a way to reelect Obama.)
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To: Williams
Believe me, a lawyer who defends these cases can make just as strong an argument the other way.

The Restaurant Association not only released the woman from the non-disclosure provision, but themselves, too. They are now free to dump the entire sealed contents of the proceedings, including notes during disclosure, attorney correspondence, NRA internal discussions, etc.

The RATs just want to use the name of the real woman, and supply the rest via fabrication and innuendo. They expect Cain to then roll over. This is not his case, but he can now demand access to all of the documents now, too. The last thing this slimy RAT-front lawyer wants is a real document dump, which would show them bluffing with a pair of deuces.

The woman is still not coming forward because she knows she'll be burned by the state media whether or not it hurts Cain. She knows enough to realize Politico and its handlers not only can't offer her legal protection, but will be the ones that actually ruin her, legally.

Remember, Monica Lewinsky would probably have been just another unexplainable suicide, like "poor Vince Foster", except for the protection her blue dress provided. Keeping everything sealed is the only health insurance this other woman has.

23 posted on 11/06/2011 10:31:44 PM PST by 300winmag (Overkill Never Fails)
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To: nathanbedford

Oh, the specifics could be as bad as what Newt did to his wife, or they could be so minor that people would go “woah, what has happened to this country that something as minor as what Cain did is something that people get paid off for” and it would help Cain. This will be discussed or not discussed depending on what happens with Cain going forward.

Obviously, if he was the nominee, we’d know exactly what happened.


24 posted on 11/06/2011 10:33:08 PM PST by truthfreedom
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To: newzjunkey

Someone ask Monica Lewinsky if she wishes Clinton had only flirted with her like Cain allegedly did to “anonymous.”


25 posted on 11/06/2011 10:35:00 PM PST by HiTech RedNeck (ya don't tug on Superman's cape/ya don't spit into the wind--and ya don't speak well of Mitt to Jim!)
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To: HiTech RedNeck

In the nineties, women were accusing men of sexual harassment if they opened the door for them. It was a ridiculous time.


26 posted on 11/06/2011 10:39:05 PM PST by erkyl (We hang the petty thieves and appoint the great ones to public office --Aesop (~550 BC))
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To: truthfreedom; The_Media_never_lie
What exactly do you think Newt did to his wife?

His daughter has thoroughly debunked the urban legend entertained by many FReepers. Which illustrates the idiocy of what we are doing.

Whether we're talking about Newt or Herman Cain, I simply ask, what are we doing? As Freeper, The_Media_never_lie pointed out on this thread:

"The country is going to hell in a handbasket, we’ve got a bi Marxist President, and we’re worried about about what he said/she said 15 years ago?"


27 posted on 11/06/2011 10:46:19 PM PST by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: erkyl

People should grow up! We’ve all been hurt by someone’s ill-considered remarks. But we don’t allow it to rule our lives.

Its not in the same category as solicitation or rape. Not even close.

Any one who thinks so needs their head checked.


28 posted on 11/06/2011 10:47:39 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: smokingfrog

Isn’t there anyone here that realizes the seriousness of this? Regardless of who brought it up something happened on record. Herman has made a number of ‘mistatements’ about what he now admits are fact. This needs to be resolved now.


29 posted on 11/06/2011 11:11:02 PM PST by Eagles6
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To: truthfreedom
"the specifics could be as bad as what Newt did to his wife"

And what exactly is this smear of Newt suppose to mean? Yall Cain supporters would be wise to STOP SMEARING NEWT.

30 posted on 11/06/2011 11:28:55 PM PST by jpsb
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To: truthfreedom
what has happened to this country that something as minor as what Cain did is something that people get paid off for and it would help Cain

I think you are closing in on the real story here.
31 posted on 11/06/2011 11:37:47 PM PST by federal__reserve (Dr. Paul Volcker, the best Chairman of federal Reserve in half a century.)
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To: federal__reserve

it most certainly could help Cain in that manner. Some people obviously know what happened, but I don’t think that includes anyone here.

There most certainly is terrible sexual harrassment.

But there most certainly is just total bs, that some people in today’s society whine and complain about. The facts of this case could be one where 85% are with Cain and 15% are with the Feminists.

The issue becomes “Sexual Harassment Laws - have they gone too far?”

And from what I can tell, all we know is that X (what Cain did) = $90K when Cain was no longer at the Rest Asso.

What’s interesting is whether what Cain did was worse than what Newt did?


32 posted on 11/06/2011 11:52:11 PM PST by truthfreedom
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To: smokingfrog

So these women can say whatever they want and Cain has to shut up and take it? I don’t think so.


33 posted on 11/06/2011 11:52:46 PM PST by Politicalmom
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To: Jeff Chandler
If you were to lay all the lawyers in the world end to end on the bottom of the ocean...

...It would be the only way a lawyer should ever get laid.

34 posted on 11/06/2011 11:56:08 PM PST by 60Gunner (Eternal vigilance or eternal rest. Make your choice.)
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To: nathanbedford

He cheated on both wives. He dumped wife number 2, Marianne, after she was diagnosed with Multiple Sclerosis.

He makes bad decisions, and he is not trustworthy. You can go ahead and support him, but stop trying to shame other people into doing so.


35 posted on 11/06/2011 11:57:07 PM PST by Politicalmom
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To: stars & stripes forever
Am I the only person that can practically hear this guy moaning, Please, oh please...

They are desperate for someone to cough up something, anything, to feed the story.

My gut feeling is that there is no "there" there. I'm thinking that if the stories ever do make it out, the reaction from 80% of the country is going to be "That's it? That's ALL you got???"

Then the laughing is going to start.

The bottom line is simple. If there was a story worth printing, or that could be doctored and stretched into printing, both those women would be bought out with seven figure book deals and promises of millions more on the interview circuit.

But in a particular kind of way, they are hoist on their own petard. They can't change their stories now because they put them down in writing in the original complaint. Alas, that means, they can't fabricate additional salacious details... poor babies.

36 posted on 11/06/2011 11:57:10 PM PST by Ronin (If we were serious about using the death penalty as a deterrent, we would bring back public hangings)
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To: truthfreedom

Really; you are aware that Newt Gringrich’s daughter came forward and gave evidence that her parents agreed to divorce BEFORE her mother was diagnosed with breast cancer?

And you do know that Newt’s ex-wife is still alive, having beaten cancer?

Don’t spread the disinformation the Democrats have used to smear Newt.


37 posted on 11/06/2011 11:58:22 PM PST by SatinDoll (NO FOREIGN NATIONALS AS U.S.A. PRESIDENT)
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To: truthfreedom

You wrote: “Oh, the specifics could be as bad as what Newt did to his wife”

The information below is for the uninformed “Newt bashers” who get their stupid talking points from the 99.9% in the “news” and “entertainment” media who always vote for, and promote DemocRATS.

Jackie Gingrich Cushman wrote a column in May of this year called “Setting the Record Straight” where she dealt with the myth of Newt Gingrich serving his wife divorce papers while she was in the hospital with terminal cancer.

Here is the link: http://townhall.com/columnists/jackiegingrichcushman/2011/05/08/setting_the_record_straight/page/full/

Here are a few excerpts from her column:

-­ “For years, I have thought about trying to correct the untrue accounts of this hospital visit… But I have always hesitated, as it was a private family matter and my mother is a very private person.”

-­ “As for my parents’ divorce, I can remember when they told me.

It was the spring of 1980. My parents told my sister and me that they were getting a divorce as our family of four sat around the kitchen table of our ranch home.”

-­ “Later that summer, Mom went to Emory University Hospital in Atlanta for surgery to remove a tumor. While she was there, Dad took my sister and me to see her.
It is this visit that has turned into the infamous hospital visit about which many untruths have been told… here’s what happened:

My mother and father were already in the process of getting a divorce, which she requested.

Dad took my sister and me to the hospital to see our mother.
She had undergone surgery the day before to remove a tumor.
The tumor was benign.

-­ As have many families, we have healed; we have moved on.
My mother and father are alive and well, and my sister and I are blessed to have a close relationship with them both.”

*****
This is just one of the many fabrications the media and Newt’s enemies have circulated over the years. I can’t imagine how many others there are. If you read the article, it was obviously difficult for Jackie to talk about this, but she did, because at some point you have take on the liars. If the Gingrich family has moved on from this event so many years ago, as Jackie states, maybe it’s time for everybody else to move on, also.

More here: http://www.freerepublic.com/focus/news/2796631/posts?page=33#33


38 posted on 11/07/2011 12:04:56 AM PST by Matchett-PI ("A Republican Larry Flynt should wave around $50,000 for proof of sexual harassment at Politico" -RL)
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To: SatinDoll

Was just reading wikipedia, “complete surprise” was used.

Nonetheless, he had one wife, cheated on her, then divorced her, then married the woman he was cheating with. He then cheated on wife 2, divorced her, and married the woman he was cheating with.

It’s just a little bit more adultery and divorce than people typically like to see in a President.

Whether Gingrich discussed the divorce in the hospital with wife #1 I guess it depends on who you believe.


39 posted on 11/07/2011 12:08:28 AM PST by truthfreedom
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To: Williams

The woman lawyer is clearly talking out of her ass.

She doesn’t have copies of anything - the agreements, the charges, etc.

just a “leftist lawyer” - worthy of an AG like Holder who doesn’t even read laws (like AZ) before making legal comments. No decent lawyer gives opinions without data. (Half don’t even give opinions WITH data.)

They are ridiculous. Not even worthy of attention.

By the way - they have had plenty of time to speak up, and be bribed for it. Logically - it is very obvious why they haven’t. They’ve got nothing. Innuendo is their strongest hand. They have played it.


40 posted on 11/07/2011 12:12:30 AM PST by Eldon Tyrell
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To: smokingfrog

Ignorance on the part of the drive bys and attorneys distorting the truth is a terrible thing. Hay dumb-ass mouth piece, mr cain was not party to the frigging agreement. Damn if I had been charged for every wild thing I had messed with I would been in one hell of a mess. They were all consenting adults, people, I know a lot of you here are prudes.


41 posted on 11/07/2011 12:23:43 AM PST by org.whodat (Just another heartless American, hated by Perry and his fellow demorats.)
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To: truthfreedom

According to his daughter, they discussed it at home. Later, when his wife was diagnosed with cancer, he took their chidlren to the hospital for a visit which was, again according to the daughter, cordial.

I tend to believe the daughter rather than Wikipedia. The left-wingers own Wikipedia, you know. I don’t expect them to say anything accurately about a Republican, do you?


42 posted on 11/07/2011 12:29:59 AM PST by SatinDoll (NO FOREIGN NATIONALS AS U.S.A. PRESIDENT)
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To: truthfreedom
Your ignorance is showing, please keep it under the table. Thank you.
43 posted on 11/07/2011 12:30:02 AM PST by org.whodat (Just another heartless American, hated by Perry and his fellow demorats.)
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To: truthfreedom

Jackie Gingrich Cushman: Setting the Record Straight (about my dad’s first marriage)
http://www.freerepublic.com/focus/f-news/2803045/posts

FYI


44 posted on 11/07/2011 12:32:22 AM PST by SatinDoll (NO FOREIGN NATIONALS AS U.S.A. PRESIDENT)
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To: Politicalmom
I offer you a modus vivendi: you support whom you want and I will do the same and neither one of us will tell the other how to behave.

Each will be free to argue his position within the limits of fair comment, neither will impugn the motives of the other.

Agreed?


45 posted on 11/07/2011 12:46:34 AM PST by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: SatinDoll

It seems clear that his ex wife had one story in 1985 and his daughter has a different story in 2011. Both have reasons to lie. So you can pick whatever story you want.

What is clear is that he cheated on and divorced 2 wives.

We can just say that Newt did terrible things to his wives without necessarily going into it, when the subject matter is Cain.


46 posted on 11/07/2011 12:48:28 AM PST by truthfreedom
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To: truthfreedom

“Jackie Gingrich Cushman wrote a column in May of this year called “Setting the Record Straight” where she dealt with the myth of Newt Gingrich serving his wife divorce papers while she was in the hospital with terminal cancer.

Here is the link:
http://townhall.com/columnists/jackiegingrichcushman/2011/05/08/setting_the_record_straight/page/full/

here are a few excerpts from her column:

-— “For years, I have thought about trying to correct the untrue accounts of this hospital visit… But I have always hesitated, as it was a private family matter and my mother is a very private person.”

-— “As for my parents’ divorce, I can remember when they told me.
It was the spring of 1980. My parents told my sister and me that they were getting a divorce as our family of four sat around the kitchen table of our ranch home.”

-— “Later that summer, Mom went to Emory University Hospital in Atlanta for surgery to remove a tumor. While she was there, Dad took my sister and me to see her.

It is this visit that has turned into the infamous hospital visit about which many untruths have been told… here’s what happened:

My mother and father were already in the process of getting a divorce, which she requested.
Dad took my sister and me to the hospital to see our mother.
She had undergone surgery the day before to remove a tumor.
The tumor was benign.

-— As have many families, we have healed; we have moved on.
My mother and father are alive and well, and my sister and I are blessed to have a close relationship with them both.”

*****
This is just one of the many fabrications the media and Newt’s enemies have circulated over the years. I can’t imagine how many others there are. If you read the article, it was obviously difficult for Jackie to talk about this, but she did, because at some point you have take on the liars. If the Gingrich family has moved on from this event so many years ago, as Jackie states, maybe it’s time for everybody else to move on, also.


47 posted on 11/07/2011 12:50:54 AM PST by true believer forever (First, they came for the rich.)
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To: true believer forever

He cheated on, then divorced, 2 wives.

That’s fact.

I’m just going to continue to say Newt did a terrible thing to his wife or wives.

We don’t know if what Cain did was worse than what Newt did.


48 posted on 11/07/2011 12:55:12 AM PST by truthfreedom
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To: smokingfrog

The dims dug these women up. Paid/will pay them big bucks to level accusations.
Lawyers are seeing $$$ over this.

One small town lawyer will go broke, two will make a killing.

Are the women going to reimburse the NRA the settlement money to break the confidentially clause?


49 posted on 11/07/2011 2:46:45 AM PST by Vinnie
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To: smokingfrog

If Cain wins the nomination, these people will start talking a few weeks just before the general election.


50 posted on 11/07/2011 4:06:49 AM PST by stylin19a (obama - "FREDO" smart)
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