FBI don't have the private keys/encryption keys.....otherwise the whole thing would have played differently by now.
No.... I believe from empirical evidence, there is an attempt to re-establish and bona-fide users' interests are being protected by the operators in order to keep their own money tree intact....best answer for them. Who knows whether they are negotiating a way out of this mess with the FBI right now? Ultimately everyone has a preferred outcome and this is just business.....negotiating a future acceptable to all. Obviously various parties hold various cards.....so negotiation is the most sensible thing for all. Ultimately, btc-e want to operate an exchange, we want our money and USA want to be satisfied there is oversight. How the USA leash the zealots at the FBI depends on everyone involved coming to an equitable settlement.