The new guidance would have a sounder footing if it had argued that no two regional crises were alike and that the requirement to conduct a full-scale decisive combined arms campaign in two locations at one time was not only unlikely, but failed to recognize strategic and operational advantages the U.S. might have in one or both of the two regions.
This was Ginsburg's rationale for saving the honest services law by reading in the requirement that the conduct proscribed must be bribery or kickbacks--something that everyone frowns on.
It can be argued that the DOD has also sought to maintain the forces to conduct one MRC to conclusion, but saw the requirement to retain forces for a second as interfering with plans to maintain readiness and modernization.