Miner can currently mine empty blocks right now if they want....
yep which also shows that segwit solves nothing. it cannot force pools to only accept segwit keys meaning native keys can still mess with the base block in MANY attack vectors that affect the network.
segwit doesnt 'fix' anything. its just HOPES malicious users decide to disarm themselves
No. You cannot dictate what transactions are included at all, only what rules they must abide by. To do so would require a hard fork and mandating what transactions will be going in would be an extremely unpopular move and suicide for a cryptocurrency that is trying to be open.