DEI was mentioned in a footnote, it didn't seem to be the main thrust of the memo. I agree it would have been better to not mention it at all, the decision is perfectly defensible on the basis of all the previous non-footnoted points.

I apologise for my first comment, it seems like those critical of the latest decision are painting a simplistic picture - "this was one side attempting to be kind vs other side deliberately being unkind". But it doesn't appear to be the case to me.