The facts speak for themselves. If there is no appeal (and there wasn't) it's a bad sign. If DM is not around when and if they pull the trigger on something else (and I don't think they will be) it's a bad sign.
And as much as I respect Kool's background and opinions and success, it's one thing to say the opinion is bad, it's an entirely different conversation as to what is EDIG going to do about it and if they do anything how much time will it take and what result. Because EDIG ain't paying ANYone $$ out of their meager funds to do anything about this and I can't see anyone taking it on contingency. And if it's so bad, why didn't they appeal? And if they are waiting for re-exam then they've got to reload and find new lawyers.
At best a VERY long process and more probably a non-starter. JMO.