He could just be letting the dems dig their own grave. Why be vocal when you are confident of winning the legal battles and your opposition is pushing forward prematurely and setting themselves up for a fall? I'm not saying that's what's actually going, it's just an alternative way to look at it. Besides, even if he was trying to speak out the media would cut him off, like they did last time he spoke and like they've done with just about every other republican when they speak on the matter.
“Let your plans be dark and impenetrable as night, and when you move, fall like a thunderbolt.” – Sun Tzu