Rickair,

To counter you, even with that examiner on the hook, ultimately they're going to come after the CFI. I have a friend who had a former student along with 3 pax die in a 182 that was estimated to be about 400 pounds over max gross after three hours of flying. This student would do what was required when testing, but had a number of hazardous attitudes. The flight school pushed for the student to be signed off trying to get rid of him. Friend signed him off, and wrote a letter to the FSDO and flight school stating that he was capable, but had a disregard for safety when not being watched. Three weeks later he jumped in a 182 with his wife and another couple, flew to a local favorite for dinner, and back in MVFR. After the crash, the first thing the FSDO did was come after my friend. Had the friend not addressed the issues (the letter is in the NTSB report) they would have had their CFI yanked.

You're still on the hook regardless of that signoff. Use caution.