Try giving that loophole explanation to any reasonable and professional judge and see how far that gets you.
Flip the sides and I would be surprised if a Trump appointed judge didnt accept some kind of bullshit loophole like this.
I love CAH as much as the next degen but this feels iffy at best. But also they presumable ran this passed at least one lawyer who said ‘fuck it lets ball’ so maybe there is a leg to stand on here.