Earlier quoted context omitted.
Can you explain?
Sure, I'll circle back with a longer form response in a few minutes. In the meantime, I find it interesting that people think down voting my comment will intimidate me into changing the analysis. That's not how legal judgment works. That's not how anything works...
If you wanted to write a "long form" (?) reply then you could have done so. In the meantime the hand wave above has to stand on its own merits; or more specifically fall on its lack thereof.