A high-profile defamation lawyer retained by Republican presidential contender Herman Cain said Thursday that he was not hired to scare, intimidate or threaten anyone from making statements, but to monitor accusations and respond accordingly.
"Mr. Cain is being tried in the court of public opinion based on accusations that are improbable and vague," Atlanta attorney Lin Wood told The Associated Press. "The media — bless your heart — you turn our system of justice into one of guilt by accusation."
Wood, a top libel and defamation lawyer, was hired on Monday morning when it became clear that Sharon Bialek was about to become the first of four women alleging inappropriate behavior by Cain to go public with her accusations.
"I would certainly at some point and time give him my legal evaluation of whether any of these particular statements are potentially actionable," Wood said in a separate interview with Reuters. "But I was not hired to run out and file a lawsuit against anybody."
The two public accusers — Bialek and Karen Kraushaar — had planned to hold a joint press conference, but on Thursday Kraushaar decided against it.
They have accused Cain of inappropriate behavior in the late 1990s when he was head of the National Restaurant Association.
Kraushaar had been trying to contact the other two women but had not heard from them, her attorney Joel Bennett said.
He said in a statement that his client had decided not to hold a press conference "unless and until the other women come forward and wish to participate."
Cain has repeatedly denied the sexual harassment accusations. At a Republican debate on Wednesday, he said: "The American people deserve better than someone being tried in the court of public opinion based on unfounded accusations."
Not easy to prove defamation
Wood acknowledged that it is difficult for a public figure to bring a defamation lawsuit — "the question of do you file a lawsuit or not is not simply based on whether you have false accusations."
The U.S. Supreme Court ruled in 1964 that a public official must prove "actual malice," meaning the accuser knew it was false or showed reckless disregard for whether it was false.
The actual malice standard would be "an almost insurmountable burden to meet" for someone in Cain's position, said Robert Corn-Revere, a lawyer specializing in free speech and other First Amendment issues. "I think courts would be reluctant to try and assess the truthfulness of political charges and countercharges."
In general, Wood said, anyone considering making public accusations of wrongdoing against another person should carefully consider the wisdom and potential consequences in taking such action.
"Anyone should think twice before you take that type of action," Wood said. "And I think it's particularly true when you are making serious accusations against someone running for president of the United States, but I think it's equally true if you are making those accusations against your next door neighbor."
Asked to respond to Wood's "think twice" comment, Kraushaar's lawyer, Bennett, said: "I have not heard his statement, but statements of that nature could intimidate or discourage women from reporting sexual harassment."
Wood said he was retained by Cain and not by his campaign. He said he feels strongly about "guilt by accusation" cases.
"I have seen how it has devastated the lives of other clients of mine and I would hate to see it happen to Mr. Cain."
Jewell, Ramsey, Condit background
Wood has represented Richard Jewell, who was suspected and cleared of the Atlanta Olympic Park bombing and later filed libel suits against media organizations and a local college, some of which were settled.
Wood's other notable clients included John and Patsy Ramsey, suspected but later cleared in the unsolved murder of their daughter JonBenet Ramsey. The couple filed defamation suits against a number of media companies.
Wood also filed a defamation lawsuit against Vanity Fair magazine writer Dominick Dunne on behalf of former congressman Gary Condit, who was romantically involved with intern Chandra Levy but never an official suspect in her 2001 murder. The suit was settled for an undisclosed amount.