Did you ever stop to think that maybe Brian was voicing his opinion here in an effort to energize the shareholder base to provide input directly to the company through IR, letters to Goerner, letters to the BOD, etc. Perhaps based on his observations, he may have been specifically pointing to issues and BOD members that he sees as problematic, and that by approaching it that way, he could stir up more support which he could in turn present to the BOD as the shareholder rep, by saying, look, these aren't just my opinon, there's a lot of people who believe action should be take on this issues?
For someone who wants others to contemplate why the new CEO would essentially publicly state that the J's settlement is a what you see is what you get proposition, yet that there are hidden benefits, or delayed payments, you have attacked too swiftly and too harshly a shareholder's veiwpoint, IMO, and ascribed motives and actions to him that more than likely are way off base.