He may have not insider traded but market manipulation is also a crime. It is on record that Elon was looking to hurt short sellers and making materially false

He may have not insider traded but market manipulation is also a crime. It is on record that Elon was looking to hurt short sellers and making materially false statements about the company can be easily argued to be a criminal act used to do so. SEC Act - Sec 9(a)2 It is unlawful... or raising or depressing the price of such security, for the purpose of inducing the purchase or sale of such security by others.