Question for lawyers here re: gag order on Cain accusers.

[Raven]

Would the gag order still be binding if Cain or his people said untrue or slanderous things about his accusers?

[DemocratSinceBirth]

1. We Don't Know Who His Accusers Are

But, imho, and not lawyerly opinion he breached the confidentiality agreement by discussing their positions in the associations on FOX , thus making their discovery inevitable.

[rug]

2. Probably.

It would all have to come out in the slander action anyway.

What do you think?

[onenote]

3. without seeing the settlement agreement, one can't say definitively

But unless Cain or his people publicly identify the accusers (which presumably would violate the settlement terms), its unlikely that critical comments about the unnamed accusers would void the agreement. Another question: who blew the whistle on Cain - was it one of the accusers (in which case they may have violated the settlement agreement and opened the door to critical comments).

[DemocratSinceBirth]

5. He Identified The Positions of These Women Within The Association

They were both heads of departments. This makes their discovery inevitable. He opened the "proverbial" door or can.

I expect to see them on the Today Show and GMA by next week.

[Raven]

7. I agree, you would need to see the actual agreement but I didn't

get the impression that the gag order pertained to keeping the names of the accusers confidential. Someone from Politico said yesterday that Politico had decided not to disclose the names. Usually a gag order comes into play around the settlement of a dispute. Both sides agree not to sue as long as each side does not disclose the terms of the settlement and each agree not to speak badly of the other. I stand to be corrected on this. I've only dealt with one gag order in my practice and that, essentially, was how it went.

[elleng]

4. Don't know nuttin about 'gag order.'

Related to 'settlement?'

If 'defamation' (slander, libel) alleged, court could entertain evidence 'in camera,' that is, in chambers, out of public view, but I can't really answer w/o more facts.

[no_hypocrisy]

6. A gag order is binding only upon those signatories on an agreement.

Example: When Donald Trump divorced Marla Maples, part of her Property Settlement Agreement included a gag order to prevent her from publicizing any private details of their (short-lived) marriage. She can't write a book, go on Piers Morgan, etc. and discuss what happened. OTOH, if an independent journalist spoke with third persons who had the same accurate knowledge of facts, the gag order wouldn't apply to their publicizing anything covered in the gag order.

[Raven]

8. Good point.

[Old Codger]

9. How About

If the gag order does nothing more than require repayment of funds someone could just pay it for them and maybe get the story that way.. it is an idea...

[no_hypocrisy]

10. Yep

[DemocratSinceBirth]

11. What If There Is No Specified Amount Designated For Breaching The Agreement?

That's a lot of exposure.

[no_hypocrisy]

12. Then it would be the amount determined by a factfinder (jury or judge) when

the plaintiff files suit. You'd have to have a plentiful fund. Problem is you wouldn't be able to estimate the amount other than what's in the Complaint or Bill of Attainer, esp. if it includes punitive damages, which is always a killer.

[DemocratSinceBirth]

15. Didn't Cain "Open The Door" By Discussing The Women's Position In The Assn?

Making their discovery inevitable.

I believe CAIN SAID one was the head of the communications committee and one was head of the political action committee.

[no_hypocrisy]

18. The women could exercise their option to speak publicly.

OTOH, at what cost? I wouldn't wish media attention on my worst enemy. Even when you haven't done anything "wrong", the media gets into your personal past, and you lose your anonymity.

My guess is the women will speak when someone "outs" them and gives up their names to the media.

[DemocratSinceBirth]

20. But Did He Breach The Argreement Given Those Set Of Facts

Heck, I could probably find out who they are based on that information and I am neither a lawyer, private invesitgator, or journalist.

[no_hypocrisy]

22. I don't think he did breach the agreement.

Here's why. It's not a breach to acknowledge such an agreement exists. You just can't discuss the details, such as what promises were exchanged, identities of the parties, etc.

[DemocratSinceBirth]

23. He Said What Their Positions Were

"But he also revealed new details -- all he knew, he said -- about the women involved. One was a writer in the Restaurant Association's communications department, Cain said, while the other worked with the Association's political action committee."

http://campaign2012.washingtonexaminer.com/article/cain-gets-caught-washingtons-scandal-machine?utm_source=TEMPLATE:%20Washington%20Examiner%20Political%20Digest%20-%2011/01/2011&utm_medium=email&utm_campaign=Washington%20Examiner:%20Political%20Dige

Isn't opening the door to their eventual identification?

[no_hypocrisy]

25. Yeah, that's enough of a breach to invalidate the agreement.

[DemocratSinceBirth]

26. I Expect To Hear From Them Before This Brouhaha Is Over

I imagine the National Restaraunt Association is not happy with the publicity either.

[Raven]

14. A good lawyer would want to have a specified amount in the

agreement, otherwise the damages would be whatever a judge or jury would decide. Good question, though.

[DemocratSinceBirth]

17. What If The Damages Were Say 50K Or 100K?

The Enquirer will pay five , maybe ten times as much; especialy if they are salacious. I can only imagine the physical gesture of a sexual nature he made.

[golfguru]

24. If Cain told the truth during Greta interview yesterday,

in which he said the settlement was 2 or 3 months pay, about same as severance pay agreement would have been. He also said their annual salary was in the 40k to 50k area.
That calculates settlement to between $11,000 to $15,000.

[kestrel91316]

13. I don't think there is any "gag order", as in an order by any judge.

If I heard right, the complainants voluntarily signed a nondisclosure agreement as part of their legal settlement. It's a contract they entered into of their own free will, and is binding, perhaps with serious sanctions if violated.

Cain's attorneys were clever.

[Raven]

16. Correct. I used the wrong term. I guess my question still is what

would constitute a breach by the Cain/Restaurant Association side? Suppose Cain's side said that these women were sluts and invited the advances. Would all bets be off?

[no_hypocrisy]

19. You can have a provision in a private agreement that has the same effect as a gag order.

[Raven]

21. Here's another question: how long would a gag order last? Forever?

I know that non-competition agreements have to be limited in time.

[treestar]

27. One would have to read the order to see what it provides.