At least km doesn't have two disparate arguments to make anymore:

BP is not British Petroleum

and even if it was, other institutions are just as, if not more culpable than British Petroleum

The second has now been decided in a court of law, therefore it is the way things are in km's legalistic view of the world

So, now he can stick with one argument:

British Petroleum is not BP (or something like that)
We are what we repeatedly do - Aristotle