And he still may once the dust settles and there is a little money in the bank.
Defamation generally only has a 1 or 2 year limitation statute depending on the state. Edit - just checked New Hampshire is one of a few states that is 3 years. So there is a little time left.
Plus, why would he not avail himself of the opportunity to take out his biggest critic?
Certainly, not suing proves absolutely nothing...but what JE declared in public would be considered defamation if it was not true...doesn't make it true, but there was a comfort level somewhere in publicly stating it as such.