You and Infidel are talking apples & oranges, Anthony.
I happen to agree there is only one reason BP would agree to the 'shakedown' - to offload the administrative cost and limit their liability exposure. But if you were BP, you'd look to do exactly the same thing if given the option. The fiduciary responsibility to shareholders would demand it.
My point is that the administration gave BP the cover to do just that, while trashing due process, to which BP should have been subjected. They should never have been given the option.
Allowed to stand, there is nothing to stop this or any other administration from ignoring due process and confiscating whatever it wants for whatever reason it gins up. You might not like it so much with a less 'evil' 'perp'.