In its motion asking the US District Court in the Southern District of New York to dismiss the case, Fox News pointed to other on-the-record statements Wheeler made which “mirror” the quotes it attributed to him in its online story.

Moreover, the network said Zimmerman, who reported the story, sent Wheeler drafts that contained the quotes in question. Douglas Wigdor, an attorney representing Wheeler, told CNN there is no evidence his client approved the quotes. Fox News, however, implied in its motion that Wheeler offered tacit approval.

“Wheeler alleges that he did not read the drafts containing those quotes, but he admits that after receiving those drafts he provided Zimmerman with ‘additional quotes to add to her story,'” the Fox News motion said.