writonwater, Excellent points! re your #1 all evidence to date indicates that was the case. The presumptive seizure of WAMU based on the possibility of failure is analogous to a police officer arresting someone because of a belief that the person "may commit a crime".
Granted, that's a bit far fetched as most of us don't commit crimes; so let's bring the analogy down a bit and closer to something almost all of us can identify with.
Most of us at some point in the past have violated a traffic law. Inadvertently or intentionally.
If traffic tickets were issued because a cop thought you may, at some point, speed, roll through a stop sign or make an illegal turn there would be hell to pay.
Yet,it was presumption that resulted in the seizure of WAMU.
IMO