The public is getting a first glimpse at Bill O’Reilly’s sexual harassment settlements after a federal judge blocked the former Fox News host’s motion to seal them in a defamation case against him.
Judge Deborah Batts of New York ruled Tuesday that O’Reilly “failed to present compelling countervailing factors” that would overrule public access to the documents, CNN reported.
“Defendant O’Reilly asks the Court to resolve a dispute by relying on the very Agreements he seeks to shield from public view,” Batts wrote.
According to the documents, Andrea Mackris, Rebecca Gomez Diamond and Rachel Witlieb Bernstein said that O’Reilly, Fox News and 21st Century Fox defamed them by calling them liars and extortionists when he denied any wrongdoing.
The agreement between O’Reilly and Mackris — a former Fox News producer — demanded that all parties in the case disclaim any evidence “as counterfeit or forgeries” should it be made public, which Mackris’ lawyers argued Wednesday, required her to “lie.”
Mackris filed a sexual harassment lawsuit against O’Reilly in 2004.
In another twist, CNN reported Wednesday that the new filing by Mackris’ lawyers noted that her attorney during the settlement, Benedict Morelli, switched sides and became O’Reilly’s lawyer during negotiations.
“This profoundly unethical conflict left Ms. Mackris virtually without legal counsel,” the filing said.
Morelli told TheWrap in a statement: “Every step we took was to negotiate the best possible deal for Ms. Mackris. We worked extremely hard to secure a significant financial settlement for her. The claim that I did not vigorously represent her, or that I represented O’Reilly during or after the settlement process, is absolutely false.”
The women further contend that they were “forced to relinquish audio and video tapes recording O’Reilly’s harassment and abuse,” arguing that Bo Dietl, a private investigator and frequent Fox News commentator, accumulated “tapes, photographs, emails, letters, calendars and diaries” while investigating Mackris.
Dietl told CNN that he was hired by the law firm that represented O’Reilly and Fox News.
“There’s a reason we’re in a business for 33 years. We don’t do anything illegal or improper,” Dietl said. “All we do is find out the truth, and whatever we find we submit to the attorneys and they do what they want to do.”
All three women said that they were smeared by statements made by O’Reilly, Fox News and 21st Century Fox. Mackris and Diamond accused O’Reilly of sexual harassment while Bernstein accused him of verbal abuse and discrimination.
O’Reilly has repeatedly denied the accusations. He was fired from Fox News in 2017 after a New York Times report said he paid tens of millions in sexual harassment settlements over decades.
Fred Newman, an attorney representing O’Reilly, said in a statement to CNN on Wednesday that “the only reason Bill O’Reilly settled any cases was to protect his children.”
Pamela Chelin contributed to this report.
Timeline of Fox Sexual Harassment and Other Scandals, From Roger Ailes to Bill O'Reilly (Photos)
The sudden ousting of Fox Sports President Jamie Horowitz and the suspension of Fox Business Host Charles Payne this week are the latest signs of a sea shift in the Murdoch-run entertainment giant in its response to allegations of sexual harassment and other questionable behavior by executives and on-air talent.
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July 6, 2016: Gretchen Carlson files lawsuit against Roger Ailes Former “Fox & Friends” anchor Gretchen Carlson filed a sexual harassment lawsuit against Ailes, who denied her claims.
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July 9, 2016: Six other women claim Ailes harassed them Former Republican National Committee field adviser Kellie Boyle and model Marsha Callahan were among the six women who accused Ailes of previous harassment. Ailes denied the claims.
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July 19, 2016: Megyn Kelly says she was sexually harassed by Ailes Amid an external law firm’s investigation into the multiple claims against Ailes, then primetime host Megyn Kelly told investigators that she had been harassed by Ailes years ago. Kelly wrote in her memoir about talking to investigators about the allegations.
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July 21, 2016: Ailes resigns Fox News announced that Ailes had resigned as network chairman after two decades of dominating cable news, walking away with a $40 million severance package.
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Jan. 10, 2017: Bill O’Reilly settlement comes to light News surfaced that the “O’Reilly Factor” host had previously settled with Juliet Huddy, a Fox News employee who claimed he tried to derail her career after she rebuffed his romantic advances.
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March 8, 2017: Fox News settles with Tamara N. Holder Fox News paid former on-air contributor Tamara N. Holder more than $2.5 million following allegations that Fox News Latino vice president Francisco Cortes tried to coerce her into performing oral sex on him.
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March 24, 2017: Fox News comptroller Judy Slater sacked Fox News has fired longtime comptroller Judy Slater after an internal investigation concluded she had engaged in a pattern of racist comments and behavior; several of the employees later filed lawsuits against the network over the incidents.
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April 1, 2017: Claims against O’Reilly settled for $13 million A New York Times investigation found that O’Reilly and Fox News had paid $13 million in total to five women who had worked or appeared on “O’Reilly Factor” over the years and made claims of sexual harassment or other inappropriate behavior.
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April 3, 2017: Another lawsuit against Ailes and Fox News Fox News contributor Julie Roginsky filed a lawsuit accusing Ailes of sexually harassing her. She also alleged that Fox News co-president Bill Shine retaliated against her for making the claims. Ailes denied the allegations, and Shine declined to comment.
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April 19, 2017: Fox News cuts ties with O’Reilly Fox News announced that O’Reilly would not return to the network following its external investigation into claims of sexual harassment.
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April 21, 2017: Debbie Schlussel claims Sean Hannity invited her to his hotel Former Fox News guest Debbie Schlussel claimed that primetime host Sean Hannity had once invited her back to his hotel after an event they attended, and that she was never invited back to Hannity's show after she rebuffed his advances. The host denied the claims. Schlussel later clarified that she did not consider the encounter to constitute sexual harassment. "I thought he was weird and creepy," she told LawNewz.
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April 24, 2017: Andrea Tarantos files her own lawsuit Andrea Tantaros, a former host of the Fox show “The Five,” filed a new lawsuit against Ailes, Shine and other network executives, claiming that an extensive online harassment campaign had been waged against her. Fox News sought arbitration and called Tantaros “not a victim” but “an opportunist.”
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May 1, 2017: Bill Shine resigns Following Roginsky and Tarantos’ lawsuits, Fox News announced that Shine was exiting the network.
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May 19, 2017: Bob Beckel fired at Fox News Fox News fired “The Five” co-host Bob Beckel after he was accused of making an insensitive remark to an African-American employee. Fox News human resources took less than 48 hours to investigate the incident and recommend dismissal, a network executive told TheWrap.
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June 19, 2017: Investigation by the state of New York The New York State Division on Human Rights launched an investigation into Fox News, over her sexual harassment claims by former “O’Reilly Factor” guest commentator Wendy Walsh against O’Reilly, Walsh’s attorney Lisa Bloom said. O’Reilly has denied Walsh’s claims.
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July 3, 2017: Fox Sports fires Jamie Horowtiz Jamie Horowitz was abruptly ousted from his position as president of Fox Sports National Networks amid allegations of sexual harassment against Horowitz, an individual familiar with the matter told the New York Times. Horowitz’s attorney denied any misconduct.
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July 6, 2017: Fox Business suspends Charles Payne Charles Payne, the host of Fox Business’ “Making Money,” was suspended by the network due to an investigation over a three-year relationship with a married political analyst who appeared as a guest on Fox Business and Fox News, the Los Angeles Times reported. Payne denied allegations of sexual harassment, calling them an “ugly lie.”
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Here’s everything you need to know about accusations that the company has faced so far
The sudden ousting of Fox Sports President Jamie Horowitz and the suspension of Fox Business Host Charles Payne this week are the latest signs of a sea shift in the Murdoch-run entertainment giant in its response to allegations of sexual harassment and other questionable behavior by executives and on-air talent.