No, you missed my point. To a court, poker is a game of chance. Here's how I win, and you lose (smart ass):
On the witness stand, you'll say things like, "calculate the odds"... +EV ... value bets ... long term ..." While great things, and important to achieving poker success, you realize that this argument doesn't "pass muster" in court, right?
In a poker hand, Mark, what's the next card to come? Is it the flush card? Will I hit my set? Wait wait - I don't care that you can tell me the odds... I want to know, what is the NEXT card to come? You don't know? So wait, could this be a game of chance? Basically, you're statistically guessing what the next card is based on mathematical calculations?
Even though you can calculate odds and probabilities of a situation (or a future situation) it's still CHANCE whether that card comes. To Congress, poker occurs right now, not in the long term.
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