ABC News was forced to postpone the planned appearance today of one of Bill O’Reilly’s sexual misconduct accusers on The View after O’Reilly’s legal team was granted a temporary restraining order against the accuser, a former The O’Reilly Factor producer.
The order was sought by O’Reilly to hold Andrea Mackris to the terms of a non-disclosure agreement that keeps her from talking about the case.
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Mackris signed the agreement as part of her 2004 settlement with the conservative talk host, but she recently went public in an interview with The Daily Beast, providing extensive details of her allegations.
“We were notified late yesterday about a temporary restraining order issued by a court against Andrea Mackris,” said a spokesperson for ABC News. “We decided to postpone her interview pending further developments. We look forward to welcoming her to The View at a later date.”
Mackris received a $9 million settlement. In 2018, a federal judge ordered that the settlement agreement be made public, along with two other women who allege sexual misconduct by O’Reilly.
O’Reilly has denied the claims.
A producer for The View contacted O’Reilly’s attorney Frederic Newman on Tuesday, asking him if O’Reilly would like to submit a statement in response to her allegations.
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O’Reilly departed Fox News in 2017 after The New York Times reported on settlements that he and the company reached with five women. O’Reilly has since gone on to do a regular radio show and podcast.
O’Reilly’s attorneys pointed out in a court filing last week that in the settlement agreement, the parties “agreed that Respondent’s violation of the core confidentiality provisions would cause Petitioner great and irreparable harm, and that he ‘will be entitled’ to a temporary and permanent injunction preventing Respondent from any violation of the provisions of the Agreement.”
Another O’Reilly attorney, Stephen Silverberg, wrote in a petition on Tuesday that “an immediate injunction must ensure because [Mackris] intends to further materially breach her legal obligations tomorrow, live on national television.” Judge Randy Sue Marber signed the restraining order later in the day.
A hearing is scheduled for July 26.
O’Reilly’s attorneys also also have noted that after the 2004 settlement, Mackris said that “there was no wrongdoing whatsoever by Mr. O’Reilly.” But Mackris told The Daily Beast that the statement was part of the NDA. “I had no choice, no way out.”
Mackris also has spoken out against non-disclosure agreements in general, and told The Daily Beast on Wednesday, “I hope the days of the law allowing the silencing of women are over. I will continue to fight for my voice.”
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