Lawyers don't have an exclusive on "strategy". Planning what one will or will not do with a goal is a "strategy". What one plans in their day to achieve an abjective. What coach plans to effect a game outcome. Ackman plan to keep his line of communication open with purpose. Part of that is to continue reminding the gov of the gains gov can achieve with settlement. He has done this on every opportunity, Charlie Rose show , Corker informal chat, etc..