Sometimes when you write these things it's hard to nail down everthing and you can miss a scope creep because you assume honesty on your end for example. I think that it shows a healthy governance process if people can give their interpretation and desires and the proposer updates their proposal accordingly.

The fact he is unwilling to share more data in public about the case is problematic though, I get the issues with talking about an open case. One possibility would be to get the community to vote to elect a comittee of contributors who have demonstrated their care for the DAO to review the documents under NDA, same for reviewing the fees and they would vote on the relevance of such a fund (and its extent) to protect the DAO or not instead.