IMO, O'Reilly has been going out of his way the past 60 days to appear "Independent" as opposed to being "Pro-Bush" because he was aware this harassment suit was in the works.
He calculated that by remaining neutral that the MSM would lessen its zeal in piling on him...like they did to Gringrich and Lott, et al.
Agreed. And he seems to have had a habit in recent weeks about empathizing with various guests about how hard it can be to be in the spotlight, to be unfairly attacked, etc.