diff --git a/PENDING.md b/PENDING.md
index 1d19f20..4d52a61 100644
--- a/PENDING.md
+++ b/PENDING.md
@@ -3182,6 +3182,8 @@ So **PENDING-138 and this entry are worded to avoid the bare uppercase token**,
 > Evidence, n=2, one of each sign and both from the executor's own conduct: **negative, 2026-08-01** — declined the register split by invoking PENDING-88's *unratified* change-class test, a rule that did not exist, and produced no question. **Positive, 2026-08-17** — declined the ladder entry by naming a specific open item, stating the substantive conflict (ladder size as an uncontrolled variable in a trial that cannot be re-run), taking the null action that item already puts in force, and offering to proceed if overruled.
 >
 > ⚠ **n=2 is not a finding.** The jurist's own words: *"I'd want it tried against more cases before it goes anywhere near the ladder."* Recorded so it is not lost, explicitly **not** promoted. ⚠ And it is offered by one party about another party's conduct, with both instances self-reported by the party under test — the standpoint is disclosed, not corrected for.
+>
+> ⚠ **A CONFOUND THE EXECUTOR OWES AGAINST ITS OWN POSITIVE INSTANCE.** The two cases differ in a variable the discriminator does not name: on 2026-08-17 PENDING-141 was sitting in `MEMORY.md`'s Active Session block, in bold, flagged *"BLOCKED — do not execute"*, and had been read aloud at that session's wake. On 2026-08-01 no equivalent prompt existed for the register split. So the positive instance may record **an index that named the instrument**, not an executor that found it — and the discriminator would then be measuring the memory layer while appearing to measure judgment. That is the same wrong-subject shape as OWED-1, turned on OWED-1's own sibling. **A cleaner test needs a case where the threatened instrument is NOT pre-named in the wake context.** Offered by the party the n=2 flatters, which is the only reason it is worth much.
 
 ---
 ## PENDING-142 — The open/closed criterion answers "does a REVIEWED header name this id?", not "is this item still awaiting the steward"