Earlier quoted context omitted.
Are you arguing that we should leave known crash bugs in the code?
I'm arguing that we should use asserts or similar defensive coding mechanisms to ensure that preconditions are met instead of merrily continuing to run our program with cascading error effects.
Sure you could make the argument that we don't _know_ they are being checked, but it's a pointless discussion. Who cares? _If_ preconditions are met, this code is safe, if they aren't, it's not safe. Since we don't know one way or the other, there's no point in discussing further. The kernel developers know their stuff...