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> Or , they could pay the tax and use the money (crazy idea I know).

Or just use the super low interest rates and borrow against the money, which is exactly what they have been doing.

If they thought of doing that they could and probably should be sued. CEOs have a fiduciary duty meaning they are legally implored to do what is best for the company and bringing money back at a 40% tax is not in the financial interest of the company.

Any judge would rule that following the law of the land is not against the interest of the company.

The judge has zero say in the CEO keeping his job though, and firing is a foregone conclusion when you make a decision that kills shareholder value. Decisions that don't increase shareholder value are "dubious" at best, and decisions that obviously decrease shareholder value are "insane" at best to the board.

Not crazy as much as dumb. Why would you intentionally lose money you don’t have to?