How it goes about constructing sentences doesn’t mean the phrases it reproduces aren’t plagiarism. Plagiarism doesn’t care about probability of occurrence, it looks at how much one work closely resembles another and the more similar they are, the more likely it is to be plagiarised.
You can only escape plagiarism by proving that you didn’t copy intentionally or you cite your sources.
GPT has no defence because it has to learn from the sources in order to learn the probabilities of the phrases being constructed together. It also doesn’t cite its sources so in my eyes, if found to be plagiarising then it has no defence.