It will be.
There is zero path to airworthiness certification with a known single point of failure, period.
To get to a point of certification without criminality you have to believe that the entirety of the engineering team at BOEING, all of them, from top to bottom were utterly incompetent and that everyone in the FAA involved in the certification process was also incompetent to an impossible degree.
There is no doubt whatsoever that criminality was involved in the certification of this plane. It’s not a matter of if it will be proven, only when.
Where is your scientific/engineering analysis vice just assertion?
Still not even remotely proven.
I believe the governing paragraph in FAR Part 25 is §25.671. Here's a link:
I believe Boeing and possibly the FAA are going to hang their hat on §25.671(c)(3) which states:
(3) Any jam in a control position normally encountered during takeoff, climb, cruise, normal turns, descent, and landing unless the jam is shown to be extremely improbable, or can be alleviated. A runaway of a flight control to an adverse position and jam must be accounted for if such runaway and subsequent jamming is not extremely improbable.
Personally, I believe there was malfeasance. However, I expect that Boeing's lawyers will admit to misfeasance and pay a fine.