That is ridiculous.Anything you say can and will be held against you in the court of law. Even tone, meaning, pace at which you speak will be scrutinized. Honestly it was probably a good idea for them not to say anything. That's what this country and it's law system has come to.
For the safety of the passengers and crew, every evacuation checklist or memory action for evacuation includes "advise ATC".
The crew will have to offer an explanation as to why this was not done. Under the circumstances, there may be a reasonable explanation.
It is good news that there were no serious injuries or fatalities.