In the OutFront Political Play of the Day, we look beyond the spin room–and into the war room. That's where the real decisions are being made, and the strategy being hammered out night after night. John Avlon joins Erin Burnett to explain the "Foul and Flop," a strategy that Avlon says is being played to great effect by Republican presidential candidate Herman Cain. But Cain's hardly the first to run this play.
As Penn State prepares to play its first football game since the sex abuse scandal rocked the school, former coach Joe Paterno has hired an attorney. CNN legal analyst Jeffrey Toobin said "he's going to keep that lawyer very busy." While prosecutors have said Paterno is not a target of the criminal investigation, Toobin says Paterno faces extensive–and potentially expensive–legal challenges as the scandal unfolds. Hiring a lawyer, Toobin told CNN's Erin Burnett, is "the only prudent thing to do."