Unfortunately I think in a roundabout way even including Tears could've been seen as an admission of guilt or wrongdoing. Now this'll sound a bit like a proper conspiracy theory, but bear with me here.
Because both songs are excluded, they can freely say the reason Hallowed isn't on there is because they wanted to use the 2017 setlist, where they just didn't happen to play it. Obviously from a legal standpoint it would've been stupid as hell to have it there, so they had to drop it, but in a way giving that excuse implies they're not dropping it solely due to the lawsuit.
If Tears was on there, it'd be easy to make the argument Maiden knew they fucked up legally with Hallowed and the only reason it wasn't included was because of that. But, if neither Hallowed nor Tears are included, and they loudly proclaim "yeah this is the 2017 setlist we're using" then the exclusion of Hallowed cannot really be understood as a statement one way or the other.
It sounds really stupid, I know. It's just a crackpot theory, but I think they're simply playing it incredibly safe to avoid giving the opposition anything to latch on to. If they pretend the song just doesn't exist and make no comment one way or another, they're in a relatively safe position. They're not actively making anything worse, at least. And excluding Tears along with Hallowed is probably the safest move.
(Now watch Tears be an unannounced bonus track to entice people to buy the damn thing instead of just watching it on YouTube)