Yeah, I guess it does come down to prosecutorial discretion and the DoJ.
At this point, I really worry because the next President seeing what the long line before him/her did, might just be worse in not following legislation. For example, there is no authority to delay implementation of laws, but I guess it will become the default.
We're talking about essentially an abuse in "prosecutorial" discretion, who the FDIC targets and who it doesn't, for what reasons.
Now, to make this work, the FDIC examiners have to make explicit threats, and people at the banks need to be able to testify to this without the threat the FDIC will destroy the for that....
To actually make it stick, the DoJ would have to prosecute, and this DoJ certainly won't. But maybe the next would....
I think, it's going to have to come down to a non-Democratic Administration that actually has serious cojones. Which is unlikely, but possible, e.g. http://thefederalist.com/2014/11/11/the-nation-needs-preside... (jump down to the 2nd section, "The Throne Made of the Skulls of His Enemies" :-).
And you're very right about trying this now. We don't want to wait until we're only left with extralegal recourse, that will not end well.