Yes. Last time, their excuse was "but the driver should have known that in firmware revision 6.2 and later, tapping the brake disables automatic braking".

This time, there's an interesting question. Did Tesla remotely access the crash data after the crash? Did they alter any data? Is that verifiable? The NTSB will probably explore that issue. The crash data record in an airbag controller becomes read-only when the airbag fires.