A specific example will help.

Imagine I am working for a company and I discover they are engaged in capturing and transporting human slaves. Furthermore, the government where they operate in fully aware and supportive of their actions so denouncing them publicly is unlikely to help. This is a real situation that has happened to real people at points in history in my own country.

I believe that one ethical response would be to violate my contract with the company by assisting slaves to escape and even providing them with passage to other places where slavery is illegal.

Now, if you agree with the ethics of the example I gave then you agree in principle that this can be ethical behavior and what remains to be debated is whether xAI's criminal behavior and support from the government rise to this same level. I know many who think that badly aligned AI could lead to the extinction of the human race, so the potential harm is certainly there (at least some believe it is), and I think the government support is strong enough that denouncing xAI for unethical behavior wouldn't cause the government to stop them.