Well, here's the problem. This buys several months while the E.P. claim goes all the way to SCOTUS (on the taxpayer's dime, mind you) and for SCOTUS to say E.P. is not covered, or that E.P. applies because Obama was involved - which means Obama lied about not knowing.
Either way, Obama would basically moon Congress by subsequently refusing to cooperate further, knowing that he might get impeached but not removed because that takes Dem votes in the Senate, a lesson from the Clinton years.
Only way Obama gets out of this before such a showdown is for him to get voted out in November. That is why Obama is being so brazen here. Call it the Clinton precedent.