Jose wrote:
91.109
(b) No person may operate a civil aircraft in simulated instrument
flight unless-

In IMC, the pilot flying may keep the hood on, and thus a safety pilot
would be required. The pilot flying would then log this as simulated
instrument flight, even though he is in actual.

So your argument is that actual IMC is "simulated instrument flight"?
Sounds like you'd have to be a real Perry Mason to argue that.

-Robert