Actually, on the very last point I disagree, and this may well be the crux of everything. IMO CAS have to rule on the rules, not on the emotions that the emails can evoke in people. The question is are UEFA within their own rules in a) using the leaks to re-try a previously settled case AND b) if they are, do the leaks prove clearly that the UEFA's rules were broken.
Khaldoon and Simon Pearce are not little guys. Soriano and Begiristain are little guys. And the confidence and bullishness isn't coming from the little guys. Khaldoon and Pearce simply wouldn't take that stance without strong advice that they were on solid ground. The ramifications of being wrong are pretty severe on every level. It's not like they're privately saying to the players "this could go either way" - every single one of them has been told that the club will be 100% vindicated. That's a balls out strategy if you're playing with a weak hand.