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Cramer: Apple Should Let Einhorn Talk

Tickers in this article: AAPL

NEW YORK ( TheStreet) -- Debra Borchardt: With friends like these, who needs enemies? Jim, David Einhorn, Greenlight, is suing Apple (AAPL) . He loved Apple. He was a huge Apple supporter. Now he's saying, you know what . . . you got too much cash.

Jim Cramer: Right. Well, I find that this is a discussion that occurs when a stock is going down, not when it's going up. Obviously the stock I think is a little depressed because of the huge cash position with no clear demonstration that it can be put to work to help the shareholders although we don't know, they put in the dividend. You could always say maybe they'll raise it. I think that he's a very honest good guy. For him to come forward and say look, here's a solution or here is an option and then it suddenly gets on the proxy as being something that they deliberately want to block is very in your face and spiteful.

We don't know what's really going on. We know that Einhorn has been a responsible investor. You always have the option of selling the stock. Steve Jobs had said over and over again that as long as the products are great everything takes care of itself. This is an embarrassment of riches that they have all this money. They haven't made acquisitions that I thought could help them, but you could argue pro and con on all these.

So, this is a very complicated issue, but it does cut to how shareholder friendly Apple really is. I think that in Apple's defense, it's made you a fortune and Apple didn't take the stock to $700.

Debra Borchardt: Yes they are sitting on a lot of cash. People do think that they should put it to use. Is that such a bad thing for a company to be conservative and hoard cash? Maybe they're going to have some big huge project coming up that they need the money for.

Jim Cramer: Well, that could be. One of the things that Einhorn says is that they have a depression mentality. Who knows what could go wrong? That's interesting. I have a depression mentality. I think about this same thing. I have maybe a more conservative nature.

So, I guess to me this is an intellectual exercise first of all. He's not going to have any affect. This is not going to happen.

Debra Borchardt: There was some criticism that he was doing it for publicity, that he's a publicity hound.

Jim Cramer: I don't think he is. I think he's very good. He said it's the most he's ever had of Apple. He does make a very good point, which is that if they were to return more capital to shareholders, the stock would be higher. I come back and say, had they executed properly the stock would be higher. In other words, if they had a better-than-expected quarter and they didn't, they've missed a couple of quarters, if they didn't guide down more they wouldn't and if they had come up with better products . . . but at the same time you can argue, what do you need to accomplish? Yes they have to get their multiple higher. Well, the market determines the multiple not the company.