I think this may be key in this case, which would give plausible deniability to Apple and Amazon. Conversely, I'm also not fully convinced by this argument, I think it applies more easily and more often when companies are directly subpoanaed by authorities not when there are the initiator. In the case of this kind of breach if one engineer find this issue I would think it would report to senior management first, before contacting the authorities. Also Apple directly stated there are not constrained by any gag order, which leave only one possibility if they genuinely think what they say is true: could it be an unkown unknown?