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A Cain Accuser talks

Posted by B. Daniel Blatt at 5:31 pm - November 7, 2011.
Filed under: Annoying Celebrities,Herman Cain

Among the many things I am currently reading about Sharon Bialek, the only woman to make public her accusations against Republican presidential contender Herman Cain, this one thing stood out, “Bialek does not intend to go forward with a lawsuit against Cain.

If that’s the case, then why is Democratic attorney Gloria Allred on the case? That said, the publicity hound has “offered sworn affidavits from two friends to whom Bialek spoke shortly after the alleged encounter.

That fact alone gives this accuser more credibility than the other alleged victims.  Indeed, as Jim Hoft puts it, citing twitter traffic, “she is as believable as Juanita Broderick (sic) was when she accused Bill Clinton of rape.”  And generating far more media attention for conduct far less offensive.

Cain, she alleges, “reached under her skirt in 1997 as she sought help in finding a job“, but did not persist when she rebuffed his advances.  Mr. Clinton persisted when Ms. Broaddrick rebuffed his.  This is not to diminish the allegations, but to wonder at the media circus.  As Andrew Klavan puts it:

Not only is the news coverage of alleged sexual misconduct different according to political affiliation, the consequences ofactual misconduct are often quite different as well. Republican congressman Mark Foley sent suggestive emails to male pages; he resigned under GOP pressure. Democratic congressman Gerry Studds actually had sex with one of the boys, then flung defiance at the House when they censured him; he was re-elected by Democrats until his retirement.

Via Instapundit.

Although I remain suspicious of Miss Allred’s motives, the sworn affidavits do cause me to take this charge more seriously than the others.

UPDATE:  Law professor William A. Jacobson reminds us that since the woman alleged that the sexual advance took place “after her employment terminated with a National Restaurant Association affiliate . . . the allegation is not one of workplace ‘sexual harassment’ but of an alleged attempt at infidelity“, adding that the “political damage will be significant”:

Unlike the Politico stories, there is a face, name and specific accusations which are of a different character than the prior charges by employees who worked for Cain, but that will not make a difference to public perception. Unlike Bill Clinton, who was accused of not stopping when told “no,” Cain does not have the infrastructure to deal with “bimbo eruptions” as Clinton did, and a Republican candidate is held to a higher standard.

UP-UPDATE: Defending Herman Cain, R.S. McCain makes some (very) valid points:

We have here the basic “he-said, she-said” problem involved in such cases. What Bialek says happened would be very bad if it actually happened as she describes it. But there were no witnesses, there is no evidence, and the affidavits of two people to whom Bialek told her story in 1997 are inadmissable as hearsay. You could not convict Herman Cain in court based on such evidence, and yet the behavior described, if it is not criminal, certainly does fit within the category of “sexual harassment.”

UP-UP-UPDATE: Cain campaign spokesman J.D. Gordon has released a statement categorically denying the charges: “All allegations of harassment against Mr. Cain are completely false. Mr. Cain has never harassed anyone.

UP-UP–UP UPDATE:  Rooting out the facts others ignore, Michelle Malkin offers this interesting tidbit, “Six days ago, Allred was fishing for anti-Cain clients.”  And she provides more here.



  1. BDB – why is Democratic attorney Gloria Allred on the case?

    If Bialek is not looking for $$ or is not going to go forward with a lawsuit. . .Maybe Allred is positioning herself to take on any additional folk who might be willing to step forward. We are now up to four (4) women making statements about Cain.

    Allred also could be working on a book. and this would be a great chapter.

    It will be interesting (if it ever comes out) who opened the floodgates on Cain and the early leads into Cain’s year at the NRA.

    Comment by rusty — November 7, 2011 @ 5:46 pm - November 7, 2011

  2. At the very least, the Democrats showed America that character does not matter. In fact, they made it the theme of the 1992 Bush-Clinton campaign. Then the Democrats showed America that re-counting the votes until you win is a fair way to tilt the playing field. Then the Democrats showed America that the Constitution doesn’t matter if you have a super majority and you are determined to jam Obamacare down the throats of all Americans.

    The point is, the Democrats have shown America that is not about how you play the game, it is all about winning.

    Fine. Now, the Democrats expect America to faint dead away because a Republican candidate may have groped a woman. This is mighty weak broth in the Mulligan stew of Kennedy’s, Edwards, Clinton, Kerry, Obama, Frank, Gore and multitudes of true reprobates.

    As Daffy Duck once said: “It is to laugh.”

    Mind you, I am comfortable believing that the accusations against Cain are just so much Democrat manure from off their parlor floors. But I am perfectly happy to give Cain a pass and to encourage him to ignore the hype and give a loud horse laugh to every single media person who tries to drag him into the harassment swamp.

    If we have been reduced to the level of moral relativity in which people with principles can be destroyed with small innuendo and murderers can buy their way to political sainthood, then lets just change the standard to” May the sleaziest man win.”

    Comment by Heliotrope — November 7, 2011 @ 6:09 pm - November 7, 2011

  3. Bailek seems pretty legit. Though I don’t care for Aldred, as far as enlisting a legal advocate to guide bailek with making a public statement she felt compelled to make, her choice of advocate makes sense.

    Comment by Cinesnatch — November 7, 2011 @ 6:11 pm - November 7, 2011

  4. If sleaze has become acceptable then too bad Clinton couldn’t have gotten through his second term without the lewinsky scandal dominating the headlines and that impeachment hearing.

    Comment by Cinesnatch — November 7, 2011 @ 6:16 pm - November 7, 2011

  5. check out Michelle Malkin’s site. The accuser has been to court 3 times in approx. 5years The lady has some money problems.

    Comment by pam — November 7, 2011 @ 6:38 pm - November 7, 2011

  6. Thanks, pam, I’ll look into that. If that’s so, that goes to the accuser’s credibility.

    Comment by B. Daniel Blatt — November 7, 2011 @ 6:47 pm - November 7, 2011

  7. #4) I think the Clinton impeachment was for perjury and obstruction of justice, not tearing off a piece on the side. He perjured himself before a grand jury and was disbarred.

    What Cain allegedly did was boorish behavior and unfaithful to Mrs. Cain.

    The reason I don’t care (aside from the Dems telling me not to care back in the 90s) is that the media frenzy is so outlandish. CNN ran more stories in one week on Cain’s alleged peccadillos than they did in the entire 2008 election season on O’s ties to Jeremiah Wright, Tony Rezko, and Mill Ayers. And then there are the current Obama scandals which seem to get covered only in the foreign media.

    Comment by SoCalRobert — November 7, 2011 @ 6:51 pm - November 7, 2011

  8. “Bailek seems pretty legit.”
    How? Really, how does just standing next to Allred grant her legitimacy? Cain had a successful post-NRA radio career and ran for the US Senate; two pretty public situations. He also had his time at Pilsbury/Godfather’s, and yet nary a word of this supposed serial pathology is uttered until he starts topping the primary polls. We’re to assume he suddenly decided to get his freak on between 1996-1999, and then he shut it down?

    I see a bridge out my window; wanna buy it?

    Comment by TC@LeatherPenguin — November 7, 2011 @ 6:51 pm - November 7, 2011

  9. Because of Bailek’s choice of Gloria Allred alone, Bailek is not legit. Gloria Allred is all about the publicity and witch hunts (so to speak), aiming to destroy those politicians whose politics she simply does not care for.

    An accuser with a legitimate complaint against Cain would not need to resort to having a partisan witch-hunt artist for a lawyer. She would, instead, be able to find a legitimate lawyer.

    If Cain knows he’s innocent, then he had better not buckle.

    Comment by ILoveCapitalism — November 7, 2011 @ 6:58 pm - November 7, 2011

  10. (continued) My main interest in all this is simply to find out whether Cain is a liar. Thus far, there’s not enough reason to conclude he is. He may well be the victim here (of liars).

    Left wingers have, of course, a different interest in this matter: 1/4 prurience, 3/4 politics of personal destruction. They must stop the Black conservative at all costs. In doing so, they readily make appeals to racist stereotypes (e.g., the “oversexed Negro” stereotype), and overlook their own hypocrisy in having excused much worse behavior/allegations when it was… Bill Clinton.

    Comment by ILoveCapitalism — November 7, 2011 @ 7:10 pm - November 7, 2011

  11. and:

    I think the Clinton impeachment was for [current acts of] perjury and obstruction of justice

    Indeed it was.

    Comment by ILoveCapitalism — November 7, 2011 @ 7:12 pm - November 7, 2011

  12. Dan:

    the sworn affidavits do cause me to take this charge more seriously than the others

    Sworn affadavits to what? To having witnessed the alleged behavior? Or to having heard Bialek make a bunch of allegations? I will happily provide you with my own sworn affadavit to the latter.

    Quipped one wit in GatewayPundit’s thread:

    now we know more about Cain[‘s] past than we do Obama[‘s]

    Comment by ILoveCapitalism — November 7, 2011 @ 7:23 pm - November 7, 2011

  13. Gloria Allred colors the whole context in a yellow hue; I don’t believe the woman, either of them.

    Comment by Sebastian Shaw — November 7, 2011 @ 7:38 pm - November 7, 2011

  14. ILC, good point. Hope all the updates show the various twists in the matter — and indicate that while I do look more seriously on this charge, I’m not yet convinced things happened just as this woman says they did.

    Comment by B. Daniel Blatt — November 7, 2011 @ 8:02 pm - November 7, 2011

  15. There are two main reasons why these allegations do not alter my view of Herman Cain:

    One, as many people have pointed out, Democrats are allowed to get away with much worse, even when there is actual proof that it happened. There is no hard evidence that Cain did anything, and there are many reasons to be skeptical that he did do anything (Gloria Allred, the timing of the allegations, the fact that Cain threatens so many things liberals love (i.e. loyal black people, progressive tax structure, etc.) so they would use the media to assassinate his character (they’ve done it before, to Sarah Palin for example).

    Two, the rest of the viable Republican candidates suck (in my opinion). Both Romney and Perry are establishment Republicans who, regardless of what they say on the campaign, will not likely be able to reform the system like it needs to be reformed.

    Comment by Naamloos — November 7, 2011 @ 11:24 pm - November 7, 2011

  16. I saw a tweet tonight that reinforced what many have already said about this situation, Gloria aside…Herman Cain declared his candidacy months ago (I know because my husband and I donated well before his 9-9-9 plan and before his recent surge in the polls)…if these claims were valid and true, why wait until now to come forward?

    And I’m sorry…any woman who defends the pat downs given by TSA as the most sexual contact she has had in recent memory and that she enjoys them has no credibility (assuming she ever had it to begin with)…it is women like her that make it harder for women like me, who wish to be treated on the merits of my performance and character, not because “my genitalia are on the inside” and because without feminism, I could not make it in a man’s world. (Apologies for the SG1 reference, but I couldn’t help myself.)

    PS Found this blog via @irishspy…very interesting. Thanks!

    Comment by Cat A — November 7, 2011 @ 11:33 pm - November 7, 2011

  17. Somebody linked to this on Facebook. Not sure what exactly it says (in a nutshell), but notice the attorney for the Plaintiff

    Comment by TGC — November 8, 2011 @ 12:10 am - November 8, 2011

  18. Ooops. Pam was on it.

    Comment by TGC — November 8, 2011 @ 12:12 am - November 8, 2011

  19. So, I hear this at midnight (been working and not getting news) and I think “Gee, I wonder if my choice is perhaps a bit of a bad one?” and the news says “Lawyer Gloria Allred “Nope. that is still my choice. They then went on to say the lady claims to be TEA Party, Republican, thinks Cain is very inspirational. And then they say who her lawyer is…yeah, that shot whatever little credibility she had as well as her unwillingness to, oh, swear under oath in court.

    Comment by JP — November 8, 2011 @ 1:58 am - November 8, 2011

  20. Earlier this year, Allred appeared at a press conference with former porn star Ginger Lee who claimed Anthony Weiner–a DEMOCRAT–tried to get her to lie.

    Allred appeared AGAINST a DEMOCRAT. Stop spinning this other than Allred being a media whore.

    She’s a media whore, period.

    Comment by Cinesnatch — November 8, 2011 @ 2:37 am - November 8, 2011

  21. A week ago The Hill had a piece where Allred was complaining that–while she believed them–no one would take these accusations against Cain seriously unless (paraphrasing here) “a name and a face” are attached to the charges. One week later, with Cain seemingly having weathered the initial, Politico-driven storm, she pops up with what she felt was needed to take the guy out right from the start.

    Sorry, too convenient.

    Comment by TC@LeatherPenguin — November 8, 2011 @ 7:59 am - November 8, 2011

  22. Gloria Allred is a c-nt. That’s not an insult, it’s a fact. It’s 41 degrees outside and Gloria Allred is a c-nt.

    Comment by V the K — November 8, 2011 @ 9:11 am - November 8, 2011

  23. Bailek seems pretty legit…. for a bimbo with a history of financial problems and a checkered employment history who waited fifteen years to report a sexual assault until the alleged assailant was getting media attention…


    Comment by V the K — November 8, 2011 @ 9:13 am - November 8, 2011

  24. Allred appeared AGAINST a DEMOCRAT.

    And so did Hillary Clinton, in numerous elections and scandals and testimonies and other actions, over the years. Come on Cinesnatch, that doesn’t mean anything.

    But hey, if you want to believe that Gloria Allred is only a media-whoring witch huntress, instead of a -partisan- media-whoring witch huntress, knock yourself out. I remain most deeply impressed with Bialek’s “legit”-ness in having Allred. (cough)

    Comment by ILoveCapitalism — November 8, 2011 @ 9:58 am - November 8, 2011

  25. Allred appeared AGAINST a DEMOCRAT.

    i.e. a “beard.”

    Comment by V the K — November 8, 2011 @ 10:19 am - November 8, 2011

  26. My husband and I are considered very strong social conservatives. We were discussing Mr. Cain last night, and we both agreed that even if the allegations are true, we really don’t care. We like Mr. Cain and we like Mr. Romney. We will vote for either one.

    Comment by Louise B — November 8, 2011 @ 10:35 am - November 8, 2011

  27. Believe what you guys want, but if the Clinton scandal was happening now, Allred would be glomming onto his accusers like fly on sh!t.

    Comment by Cinesnatch — November 8, 2011 @ 11:30 am - November 8, 2011

  28. Amber Frey was her first cause celebre in the legal advocate capacity Allred has become known for (i.e. standing by the side of one woman tied to some kind of scandal during press conferences). That was in 2002/2003.

    Comment by Cinesnatch — November 8, 2011 @ 11:48 am - November 8, 2011

  29. Allred would be glomming onto his accusers like fly on sh!t.

    Actually, the other way around.

    Comment by V the K — November 8, 2011 @ 11:58 am - November 8, 2011

  30. if the Clinton scandal was happening now, Allred would…

    Why? Because when the Clinton scandals were actually happening, Cinsnatch, Allred apparently did little. Some say that Juanita Broaddrick (Clinton rape victim) went to Allred, and got turned down.

    Comment by ILoveCapitalism — November 8, 2011 @ 12:06 pm - November 8, 2011

  31. (continued) Allred was also NOT seen representing Kathleen Willey or Paula Jones. (Other alleged Clinton sexual assault victims; Clinton paid Jones an impressive $850,000 settlement.) Nor Monica Lewinsky. But she represented Meg Whitman’s maid – pro bono.

    Maybe “political” is a better word for Allred than “partisan” – as I said earlier, she’s all about destroying whatever politician she has decided that she doesn’t care for. Then again… big diff.

    Comment by ILoveCapitalism — November 8, 2011 @ 12:11 pm - November 8, 2011

  32. Kennedy and Clinton went all the way and survived. A Republican touches and he is toast, as happened to Senator Robert Packwood. He was forced to resign. The object of Gloria Alread and Bialek´s complaint is to force Herman to close down his campaign. He is not only the front runner but the Republican who can defeat Obama. Their object is to make Romney the nominee believing that being plastic establishment, and a flip-flopper, the voters will vote for Obama.

    Comment by Roberto — November 8, 2011 @ 12:31 pm - November 8, 2011

  33. Because when the Clinton scandals were actually happening, Cinsnatch, Allred apparently did little

    Comment #28. Going after Clinton mattered the most in the run up to the 1992 Presidential race. Allred goes for where the blood is freshest. Her history of public legal advocacy for the many examples we’ve seen standing by the side of women involved in scandals didn’t start until 2002/2003 with Amber Frey. Representing any of Clinton’s accusers since Frey would have been too stale for her. If she had been approached by Edward’s mistress and refused … that would be a stellar example to posit a serious partisan discrimination. Certainly, she was slumming it with the Meg Whitman situation, just as she was Ginger Lee.

    Allred is a media whore who wants fresh blood, as she cares about trying to remain relevant.

    Comment by Cinesnatch — November 8, 2011 @ 12:59 pm - November 8, 2011

  34. What Cain allegedly did was boorish behavior and unfaithful to Mrs. Cain.

    SoCalRob, Having someone stick their hand up your skirt and grab for your genitals while shoving your head towards their crotch is ASSAULT.

    Comment by Cinesnatch — November 8, 2011 @ 1:10 pm - November 8, 2011

  35. … even if the victim is Geraldo Rivera (or Rachel Maddox) …

    Comment by Cinesnatch — November 8, 2011 @ 1:36 pm - November 8, 2011

  36. Obama’s plan is to get Herman Cain out of the race; they do indeed want plastic Mittens Romney…

    Comment by Sebastian Shaw — November 8, 2011 @ 1:53 pm - November 8, 2011

  37. While I would have loved for a Obama vs. Cain match-off, so we could put those conservative racist myths to bed, I’d much prefer a match-off between Obama and Ron Paul.

    Comment by Cinesnatch — November 8, 2011 @ 2:13 pm - November 8, 2011

  38. Going after Clinton mattered the most in the run up to the 1992 Presidential race. Allred goes for where the blood is freshest.

    So all those late-90s Clinton scandals – Paula Jones, Kathleen Willey, Monica Lewinsky, Juannita Broaddrick – weren’t then “fresh blood”? And they didn’t matter to Clinton, or to the nation?

    I hear something screaming from torture, Cinesnatch, and I think it’s your rationalizations.

    Her history of public legal advocacy for the many examples we’ve seen standing by the side of women involved in scandals didn’t start until 2002/2003 with Amber Frey.

    From Wikipedia:

    In 1981, she sued California State Senator John G. Schmitz [ed: Republican] for slander…

    In August 1997, she represented the model Kelly Fisher when she sued Dodi Fayed for allegedly breaking off their engagement to begin his highly-publicized relationship with Diana, Princess of Wales…

    She represented Nicole Brown Simpson’s family during the O. J. Simpson murder trial. [ed: 1995] She also represented photographer Henry Trappler in a lawsuit against Mötley Crüe drummer Tommy Lee.

    In other words: Allred in the 1990s was already no stranger to publicity-whoring celebrity lawsuits, and represented at least one prominent, outraged woman.

    I agree that in the 1990s, Allred probably wasn’t clear yet on what kind of witch-hunting would give her the real publicity. And that goes to my point. If she had tried to represent any of Clinton’s victims in the 1990s, she would have been “the enemy” – both in her own eyes (i.e. her political convictions) and in the eyes of the liberal media whose attention she seeks. So she didn’t.

    Comment by ILoveCapitalism — November 8, 2011 @ 2:22 pm - November 8, 2011

  39. From Allred’s book – She was aware of the Jones case and in fact, she sought actively to inject herself into it… but in a way that would carefully avoid siding with Jones or stepping on Clinton’s toes:

    I believed that, if President Clinton did what Paula Jones alleged, that act should as a matter of law be considered… sexual harassment… [ed: so she knows, on some level, that as a feminist attorney she ought to side with Jones. but:]

    … I asked to file an amicus… brief… I did not contact… Paula Jones’s attorneys… I did not wish to be aligned with either party; I wasn’t doing this to hurt or help either of their cases. In fact, I had no opinion as to who was telling the truth…

    How wonderfully *circumspect* of Allred. What tremendous discretion and caution she is capable of… for the benefit of the right people. To continue:

    … Although *I believed President Clinton had an outstanding record in the area of women’s rights*, I had to get involved… [emphasis added]

    … During most of the time that the president came under attack in the matter of… Monica Lewinsky, I was supportive of him…

    Allred went on to support Hillary Clinton who, Kathleen Willey claimed in her book, was in the habit of hiring private investigators to basically terrorize Clinton’s female accusers.

    Comment by ILoveCapitalism — November 8, 2011 @ 2:46 pm - November 8, 2011

  40. Enough on Allred… I want to make clear my view that IF Cain did what Bialek alleges, it was a wrong thing to do.

    I just need some convincing on the ‘if’. And Cain’s new statement today isn’t helpful:

    It isn’t helpful because it focuses on Bialek’s sketchy background to the exclusion of the question: did he do it? If he didn’t do it – or, if he did part of it and he is truly sorry – then I hope Cain will say so, in specific terms. “yes we were at a dinner together”, “yes we flirted and I apologize to my wife”, “no I did not put my hand up her legs”, etc.

    Comment by ILoveCapitalism — November 8, 2011 @ 3:34 pm - November 8, 2011

  41. Well, ILC props to you but Allred wasn’t a household name until she chose a non-political scandal t o officially come out as the official legal advocate standing behind victimized women. Why do you keep ignoring ginger lee? Allred’s lack of involvement in the Clinton debacle can best be explained as a tactical decision in the court of public opinion. Namely, defending a Clinton accuser wasn’t a way she saw for making a name for herself. Do we remember the names of any of the people who represented any of these ladies? Remember its all about maximizing noteriaty with allred, and if she perceived public favor leaning towards a politician she certainly wasnt going to take the opposing side. I think what we not addressing here is that we both consider her a very disingenuous person. That’s what it boils down to. And as far as Hillary threatening her husbands accusers, isn’t that what clarence Thomas’ wife did?

    And yes Herman Cain has gone on record saying that none of this happened. So if bailek is telling the truth than Cain is lying.

    Comment by Cinesnatch — November 8, 2011 @ 4:43 pm - November 8, 2011

  42. That is Cain had gone on record as saying that he did not assault bialek.

    Comment by Cinesnatch — November 8, 2011 @ 4:46 pm - November 8, 2011

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