Not sure if that's a fair point, because at that point @JackTheMimic doesn't have a choice, aside from forking bitcoin entirely.

Lol, a block with mined trasactions and an unconfirmed transaction are not the same thing. In my previous analogy if someone tells me "Hey those bribes got delivered" and someone asks me: "did those bribes get delivered?" I would still say yes, because I am not a liar either.