Technically it is a criminal suit that has been requested by him. So until publicly it comes out the government isn't going to pursue he can make that claim.
In what universe does a request for something equal the creation of that something. If I asked Scarlett Johannson to marry me does that mean we’re engaged until she says no? Why are we pandering to this man’s warped logic? He’s an idiot plain and simple. He’s got away with being an idiot so long he doesn’t even know the difference but that doesn’t mean we need to join him.