> “The ultimate decision as to whether a publication qualifies as a “Qualifying Outlet” shall reside in the sole and unfettered discretion of CMI.”

By peers.

Peer in peer-reviewed is a logical coherent and functional definition with answers.

The logical issue with 'peers' is how to bootstrap it. At that bootstrap moment you can ask "by whom?". We are several centuries past that moment.

The cultural/social question you might ask today is "why (keep) them?".

At which point people will naturally ask you to make a strong case for "why not them?".