Cents -- I'm confident that upon her being a "finder of fact" of what you and I both suppose, that such a referral would be made.
But your suggestion is like tossing someone in prison (not jail) first, and then holding the trial. Finding guilty, and then after-the-fact deciding if you are innocent after-all.
This is classic 'innocent until PROVEN guilty by a court of law'. Nothing proven yet. Ergo, no referral yet. Yet.
IMHO, she went as far as she could go given the evidence at hearing. That it is 'colorable' and then went even further with opining how bad it just may be.
But to refer to DOJ or SEC requires, by law, a 'finding of fact' -- and we're not there. YET.
The motion by the EC to prosecute is the venue for the court to reach such a 'finding of fact', and such referral.
Stinks. But that's the way it works.
...Catz