> “We can’t comment until pending legal is resolved due to advice of council”
is a non-response of the best sort. It does absolutely nothing to dispel the presumption of guilt, though, and if anything, merely adds weight to the "you aren't responding because you're guilty" mindset.
As for “It’s not true, facts are X, Y, and Z.”, well, I'm Not A Lawyer. I presume that's a bit like a coach for a sports team giving a news conference to tell everyone which strategies and plays they're going to be making in the upcoming game. Facts can be disputed, procedural rules can get facts excluded, and so forth. Whether or not it is a "far better" strategy (weighing PR versus court battle) is too fuzzy for a lay person to judge accurately, I think.