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The 1 of 2 is the binary outcome, as soon as someone argues against the possibility of it interfering with merchants they automatically undermine the argument against attacks.
Congestion isn't wait it out, its giving the receiver time to accelerate, which they can already do.
2nd has been more honest
The bar isn't really that high though, they're still inherently FUDing Lightning to sell a centralized and trusted non-solution, they face the same reality that makes Lightning imperfect, immutable physics of the chain.
All any fake L2 can do is add centralization and trust and re-brand it.