There's only two possibilities here:
1) Everyone inside the athletic department at Miami, including the boosters paying coaches salaries and players NIL, are completely oblivious to the fact that not only are FSU and Clemson going to leave the ACC but, when they do, it will collapse post exit the same way the PAC12 collapsed
2) What Dan has said publicly is lip service
There is a 0% chance that #1 is true without leaks reporting on infighting between admin and boosters or within the admin itself. If #1 was true and Dan's actual position, and I was a booster contributing significant dollars, I would be running to the Herald to get that out there.
I think Miami has no interest in spending legal dollars and Dan is just being overly obtuse in his language because he's afraid to say anything else without promises that legal dollars are there to fight it.