I take issue with you using the adverb definitely here.

We don’t know how a court would see this and whether the gesture itself is enough or whether you need to have intent to be doing that.

It’s well documented that this racist doofus is a little awkward and he could reasonably say he was trying a dab and messed it up. You can’t prove intent with something like this. I do believe he was doing a Nazi salute for what it’s worth, but the courts have a higher burden of proof than I do.