It's not hiding behind that fact. It just is a fact.
Which is exactly what Cloudflare wants and has planned all along.
The idea that it's all planned and was a strategic bid to get into a stable business position and so on...P.S.: I'm not serious, of course.
Nope, you are totally wrong; they are immune by US law.
AFAIK, CloudFlare removed only a handful of sites, but protected 100s - 1000s.