No-one is expecting Musk to end up in prison in the next week or two. But a federal or state prosecutor just announcing that a case is in the works right now, and explaining the clear-cut violation that prompted it and the consequences if they prevail, would be a powerful statement that they take this seriously and that Musk isn’t above the law.
There is absolutely nothing – including the DOJ’s 60-day election blackout custom – preventing any prosecutor from doing that.
The timing element of such an announcement is even more pressing, because in two weeks there’s an even chance that not only will there be no chance that Musk is ever charged, but that he’ll be an official in a corrupt fascist regime.
As in so many other areas of American politics, the time to take some sort of stand within the law is now.