Warning Lucius would risk paradox, particularly since Mr. Counsel was probably Lucius.
"I might think more kindly of such neglect, if you had pursued my agenda by other means... Mr. Counsel. Yet I return to find - what? A country conquered in my name?" The high voice climbed higher. "No! I find you playing ordinary politics in the Wizengamot! I find your brothers still abandoned in Azkaban! It is a disappointment to me... I confess myself disappointed... You thought I was gone, the Dark Mark dead, and you forsook my purpose. Is that right, Mr. Counsel?"
All that has to happen is that there is some entity that behaves and responds in the same way that Mr. Counsel does. While it might be likely that the Mr. Counsel character is Lucius, there is nothing in the laws of time that prevent the person under that hood from being someone else - particularly because Harry took care not to look closely at the remains of the decapitated death eaters.
This is a new thread to discuss Eliezer Yudkowsky’s Harry Potter and the Methods of Rationality and anything related to it. This thread is intended for discussing chapter 116.
There is a site dedicated to the story at hpmor.com, which is now the place to go to find the authors notes and all sorts of other goodies. AdeleneDawner has kept an archive of Author’s Notes. (This goes up to the notes for chapter 76, and is now not updating. The authors notes from chapter 77 onwards are on hpmor.com.)