What he “may have intended” is irrelevant. He knew what he did. He did it twice. Elon Musk is an idiot but even he isn’t so stupid as to not realize what he was doing. Having the absolute thinnest veil of plausible deniability isn’t an excuse.

Your defense would be equally as applicable, and just as stupid, if he started requiring all Tesla cars to have a Swastika prominently displayed at all times, claiming “Well it was an ancient Buddhist symbol first, Maybe that’s what he meant!”