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From what Steel was learning, the language of the deals made them look less like aboveboard legal transactions and more like cover-ups. The agreements included one restrictive clause after another. The women were obliged to turn over all their evidence—audio recordings, diaries, emails, backup files, any other shred of proof—to O’Reilly and his lawyers. They and in one case their attorneys were prohibited from helping any other women who might have similar claims against the host. If they received subpoenas compelling them to talk, they were required to notify O’Reilly and his team, who could fight their being called to testify. The lawyer for one of the women agreed to switch sides, to “provide legal advice to O’Reilly regarding sexual harassment matters,” according to the language of the agreement. Another of the alleged victims promised never to make disparaging statements about O’Reilly or Fox News, “written or oral, direct or indirect,” and not to respond—ever—to any journalists who might contact her about the matter. As part of the deal, she confirmed that she had not filed a complaint with any of the government agencies responsible for fighting sexual harassment, including the EEOC. In return, one alleged victim received about $9 million, and another got $3.25 million. If either woman violated any of these clauses, she could lose the money. Whatever O’Reilly had or hadn’t done to the women was thus dropped down a deep well, never to be recovered. Cash for silence; that was the deal.
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Jodi Kantor (She Said: Breaking the Sexual Harassment Story That Helped Ignite a Movement)