I'm sure that they will write a nice, thorough opinion once they are done with their research. They are not going to be dropping that opinion to answer a surprise question (ie not something they knew was going to be asked) in a congressional hearing.

In the video, they literally said they asked the question in private before hand. Highly suggest you watch it before commenting further.

I am aware of what happened in the testimony. "In private beforehand" doesn't mean "by written request several weeks ahead of time." That would be the requirement to get an answer here.

It is unclear when they had the conversation. It could have been weeks ahead of time.

That said, the overall conversation about whether ETH is a security, or not, has been going on with Gensler, for years.