by John M. Curtis
(310) 204-8700

Copyright October 11, 2004
All Rights Reserved.

ccused of sexual harassment, FOX News superstar Bill O'Reilly finds himself in hot water, fending off accusations that he coerced his producer to engage in phone sex. Filing suit in New York civil court, 33-year-old “The O'Reilly Factor” associate producer Andrea Mackris charged the conservative radio and TV talk show host with repeated exposure to lewd talk about vibrators, masturbation, oral sex and fantasies about a Caribbean hotel room shower. Mackris also accused O'Reilly of intimidation, threatening “any women” daring to implicate the 58-year-old newsman with the wrath of Fox News Channel Chairman Roger Ailes. It's beyond ironic that O'Reilly, a family values guy who joined Fox News in 1996, would stand accused of sexual harassment—the exact thing making him famous, going after former President Bill Clinton during the Monica Lewinsky mess.

      O'Reilly might commiserate with fellow Fox News analyst and New York Post columnist Dick Morris who, in 1996, got busted for a tawdry sexual affair. Despite a videotape, Morris called the accusations “yellow journalism,” categorically denying any wrongdoing, blaming the media for concocting the story. Morris was promptly fired by the Clinton White House and has been on the warpath ever since. Despite the early denials, he's reconciled with his wife and admitted he was a bad boy. O'Reilly's public remarks can't pass unnoticed, strangely paralleling those of Hillary Rodham Clinton when her husband was first accused of his affair with Monica Lewinsky. Hillary saw nothing wrong with blaming her husband's problem on a “vast right wing conspiracy.” O'Reilly's failure to forcefully repudiate the charges and divert attention to political shenanigans raises eyebrows.

      Individuals falsely accused of crimes or malfeasance routinely protest their innocence, screaming out in their own defense. Even the self-declared “king of pop” Michael Jackson had the sense to categorically deny his most recent sexual abuse allegation. Jackson called the charges “a big lie.” Jackson's attorney at the time, famed criminal defense attorney Mark Geragos, called the charges a “shakedown,” telling the public that Jackson “unequivocally” would fight the charges “with every fiber of his soul.” From the get-go, Geragos established “money” as the motive for the allegation. Ten years earlier Jackson settled a similar case out of court for reportedly $15-20 million. Passionate rhetoric and vociferous protests resonate with individuals falsely accused. Calling the lawsuit the “most evil thing I have ever experienced,” O'Reilly offered few specifics and little reassurance.

      Without forcefully denying the charges, O'Reilly leaves himself vulnerable to multiple interpretations. “We are living in treacherous times,” he said, suggesting that blackmail is commonplace among the rich-and-famous. Unlike the Kobe Bryant affair in which the NBA star was accused and prosecuted for raping a 19-year-old hotel worker, O'Reilly can't claim his relationship with Mackris was consensual. Mackris, who worked for O'Reilly since 2000, left Fox for a six-month stint at CNN. She claimed she returned to Fox only after O'Reilly promised in April 2004 that he'd stop his sexual harassment. According to her suit, she alleged that O'Reilly made lewd remarks in the workplace, including comments about using vibrators. She also alleged that O'Reilly called her for phone sex in August after interviewing two porn stars, apparently masturbating on the telephone.

      Mackris's lawsuit presents several problems for O'Reilly. Her allegations give specificity, offering detailed descriptions of O'Reilly's conduct. Talking about his fantasies involving a “loofah” sponge on a Caribbean vacation gives too many specifics to be entirely concocted. “Enough is enough,” O'Reilly said in a prepared statement. “I will not give into extortion,” filing a counter suit in the New York Supreme Court, hoping to head off getting dragged through the mud in civil court. If the allegations have any merit, the New York Supreme Court won't stop the lower court from doing its job. Fox claims that Mackris didn't follow company rules by failing to report the alleged sexual harassment to management. Yet Mackris's also claims O'Reilly made terrorist-like threats: “If any women ever breathed a word, I'll make her pay so dearly that she'll wish she'd never been born.” If that's true, is it any wonder she didn't report the incident?

      O'Reilly's credibility problems stem from his own words following the incident. Without a forceful denial, he leaves himself vulnerable to his own spin. For the man who invented the “no spin zone,” calling Mackris's suit “extortion” doesn't rule out that the alleged incident didn't take place. Calling Mackris a gold digger or her attorney an extortionist also doesn't explain away the merits of the suit. Blaming allegations on election year politics goes over the top. “Say somebody accuses you of sexual harassment or even worse and you're innocent. Well, that stigma of the accusation is going to be around your neck no matter what you do,” said O'Reilly on Nov. 14, commenting about Paris Hilton's sex video. Whether that was a free X-ray into O'Reilly's private life is anyone's guess. One thing is for sure: His damage control strategy needs some serious work.

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.

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