I think this is an inadequate rebuttal. You're not being specific enough with what you mean by "its design is not [a binary choice]" Yes it really is. Either the cryptographic algorithm is broken or it's not; either the passphrase is known by 2+ parties or it's not; either there are backdoors, or there aren't. If no, no (1), and no, then the ciphertext is not determinable by the government if the only source for the passphrase can't or won't give it up.

It's also a binary condition whether a company should produce an unsafe fork of their own software and make it available to any government. If they should, then in effect all governments will use it against their adversaries, foreign and domestic.