Ok, after waiting 4 days and many emails to 1&1, and phone calls to support (the domain transfer team is not allowed to have phones i guess?) I got the same BS email back from them
Thank you for contacting us. Unfortunately, since the domain is currently registered through Enom we would be unable to retrieve it. You can contact ICANN to file a complaint. You can reach them via icann.org. If you have any further questions please do not hesitate to contact us.
This is the exact email they sent me Monday!!
I have called a legal team and they asked why 1&1 has not simply subbmited a fraudulent transfer request on my behalf. I talked to namecheap and they said to simply have 1&1 submit a fraudulent transfer request.
I send all this info to the transfer team at 1&1 and I get the same BS form letter!!
AHHHHHHHHH