He is not a journalist though. He actually defended himself in court by distinguishing his show as "entertainment", and claiming "no reasonable person" would conflate his opinions with actual facts. That was his defense. The Fox lawyers argued (persuasively) that his audience wants to hear him defend their (the audience's) opinions, but that they would never consider what he says on air to be factual. That's what differentiates these private communications with his colleagues: he really did mean what he said. He was telling the truth for once. Maybe it's time to believe him.