I think we're missing a piece of the puzzle here. No, he probably couldn't be on WWE tv if he was under contract, and yes, he asked to get out of his contract, that was clear by Dixie's tweet. But to think he didn't know he was going to be in the Rumble until the day of the show is ludicrous at best.
The point is, he knew about his intentions and had probably been in talks w/Vince for at least a short while, yet took it upon himself to wait until the last minute to tell TNA. That's pretty shitty if you ask me. He could have been up front about it like Booker was reported as being, but he played the same Nash bullshit games he's always been known for. Instead of screwing over, and later shit talking about, his former employers who gave him a nice, cushy spot when he was already a washed up old hack he could have actually had some professionalism and class about it. (I even tweeted him that, among a couple other things.)
The situation could have been handled much better on his part than it was. Did TNA jump the gun w/their plans or was Fortune the plan all along? That doesn't matter. What matters is that Nash had the knowledge regardless of if they were planning it or not, and was still a dick. If they did have that MEM battle plan, so what? They were banking on a guy that had re-signed previously and could have felt confident he would again based on their talks. And I'm sure Mr. Nash probably sweet talked TNA just in case something happened w/the WWE deal and he had to go crawling back to Panda Energy's paycheck.
No, I think the underlying message here is that Nash was, still is, and always will be a douchebag, and probably played games w/TNA knowing he had a WWE spot in the bag. And more than likely ranted on the internet to get some publicity and to stir the pot. You can't tell me that TNA could have easily thought he wasn't going to the "E" based on his trash talking in that video w/Waltman which I'll put money on was deliberate.
And people bitch about Matt Hardy being self-promoting. At least he's doing it to remain relevant and keep himself afloat instead of doing it simply to be a jackass.