I do not think you have to be cynical to read it that way. To go public saying the judge did not know what he was doing (decision missing a necessary predicate) is tactically foolish. Coming out in PR's and news releases is even worse than saying it in an argument. It just gives him reason to dig in.
I have watched attorneys kill any chance of winning by how they tell the judge he is wrong. It is a delicate matter. (It makes a lot of difference how the judge is constituted. Some do not mind at all being told they are wrong. Others take offense. One judge I liked a lot, would say, "Often in error, never in doubt". You could tell him he was wrong and he could weigh the arguments without taking it personally.)
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It is astonishing what foolish things one can temporarily believe if one thinks too long alone ... where it is often impossible to bring one's ideas to a conclusive test either formal or experimental. J.M. Keynes
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