So by your reasoning, if a car manufacturer accidentally made a bug which caused the engine to cheat on diesel emissions tests, it's actually the EPA's fault for not designing their test to more accurately mimic how people use their cars in real life?
Not even remotely. I'm saying that if there was a bug where putting the transmission into test mode caused emissions to go out of spec, but almost no one except for technicians would ever go into that mode, then it's a lot different from the case where the average owner should expect their emissions to be out of spec.
Your no-spin version is somewhat correct, except that it misses the key fact that CR reported those bad numbers and told people not to buy the laptop because of them. If Ford says a Focus should get 30MPG and testing shows it really gets 25MPG, then that's probably a legitimate result explainable by different testing scenarios. But if Consumer Reports puts their Focus into a test mode that regular owners will never use, and it gets somewhere between 13.5MPG and 58.5MPG, then something's probably gone wrong. Given that it's Ford and not Joe's Crawfish and Car Factory, it doesn't seem unreasonable for CR to doublecheck their results before publishing a "don't buy a Ford Focus because it only gets 13.5MPG!" recommendation.
(Note: those numbers are to scale. Apple says the 13" MBP should get 10 hours of web usage. CR said it varies from 4.5 to 19.5 hours. I multiplied those by 3MPG/hour to show the proportions.)