1)

How does being among 12 brothers, and "one of us Einenu," show that they are not Meraglim?

1.

Ha'amek Davar: It does not. It shows only that they did not come to see Ervas ha'Aretz. "One of us Einenu" is a justification only according to them, who know (think) that he is alive (and they wanted to look for him). Yaakov assumed that he is dead, so there was no need to mention it. This is why he was upset (below, 43:6) "Lamah Hare'osem Li" for mentioning Binyamin!

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