A 51% attack, needs to be maintained indefinetly to allow for theft of bitcoin.
Your private self hosted node will only follow the chain of valid blocks.
What is more likely, is not a 51% attack, but that that majority of the mining pools agree to censor a certain set of transactions or addresses, making moving 'frozen' funds much more difficult.
There is no rule about what transaction can be excluded or blacklisted from a block, only about which ones are valid.
Is this considered a fungibility flaw?
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To mixers fix fungibility problems?
Maybe this is a question for the judge of #samurai