You're criticising that if Vingegaard attacks and wins the race because the team gives him freedom to, he would not have won on merit but would have won because of team orders.
So please explain to me how Kuss would have won on merit and not because of team orders, if the only thing that enables him to win is the team instructing Vingegaard and Roglič not to attack.
Because that's literally winning on team orders, not figuratively.
I think you're misreading my posts. I never said Kuss would win on merit. I said Kuss was basically screwed into losing over a minute on Bejes by team orders & Vingegaard's attack. On merit he wouldn't have lost that much time on stage 16, I can be sure of it (namely when we look at the names of the riders sandwiched between Vingegaard & the rest of the GC contenders on that climb).
The problem is it wasn't a fair fight. In a fair fight, Kuss doesn't have the jersey in the first place (all his gains came via a breakaway). Roglič would absolutely not be behind Vingegaard to the extent he is right now either (his losses have come through team decisions, not his own performances).
And that's the issue here, i.e. in accepting the total war now at Jumbo (which is the correct decision after stage 16's shenanigans), it's come too little & too late, with Vingegaard now having a clear advantage over his teammates.