Have you ever been party to or close to an important legal proceeding?
Anything said and documented prior to the hearing will be combed through. Even tiny inconsistencies will be cherry picked and entered as evidence to raise doubt of the claims made.
I'm all for the sentiment behind a CEO addressing ongoing lawsuits candidly, but in reality its just a bad idea. Statements made without being fully vetted by council, with the context of all other statements already made, will inevitably have issues that could throw a wrench in the case.