It's because he is stating what has to be an opinion as an obvious fact.
If I were to say: "Lee's hair is blond", it might be true, it might be false. It is misleading to state it as a fact like that, since it is merely supposition based on no knowledge of Lee's head.
Similarly, claiming "the majority of FSNR shareholders are intelligent and understand the ESSI lawsuit" is similarly misleading.
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