This reminds me of the heart surgeon student who avoided jail time for attacking her partner with a knife because she 'showed potential'.
People are perhaps sympathetic to Elon because he shows more potential than other CEOs, no? Did the judge in the case above show leniency because 'he liked her'?
For b) rather than selectively enforcing rules, this would be an example of discretionary punishment, which is absolutely a part of justice and ethics, as in the case above. Some could interpret your argument to support mandatory minimum sentencing, which many don't believe works.