Right, but it knew you were going to use eval, and to support that, it had to allocate all local variables in the closure. That's why you saw this behavior. The same would happen if you used a 'with' construct.
Wow, so there is actually special handling in the engine for this? So it does static analysis whenever it can, but not in these two cases?
function f() {var x = 99; return function(a,b) {return a(b)};}
f()(eval, 'console.log(x);')
ReferenceError: x is not defined
function f() {var x = 99; return function(a,b) {return eval(b)};}
f()(eval, 'console.log(x);')
99
undefined