I read something that the Sec wants to nail him, but it's also afraid of losing a Supreme court case (a la the epa) that would totally gut its regulatory power. The entire idea of the Sec relies on the idea of the administrative state being constitutional, if they push too hard, our unfriendly reactionary supreme court might snap them, saying congress didn't explicitly say they could nail Musk for x, y, and z, even if all the other pillars of intent are proved.