There is some allegations of intent. Maybe not "go hack hugging face" intent but a disregard for safety with the knowledge of this as a likely outcome. I'm not sure how that fits within the law.
It's not my argument so I can't say but I do think the FBI should be at least investigating if a crime happened. They might be or might already have, I don't know.
For the record I strongly hope for a congressional hearing regardless of the criminal investigation.
If this case isn’t covered under CFAA I think we need to rethink it. I’d be surprised if the criminal angle amounts to much under my understanding of the current laws, but I’d love to be wrong here.
HF could certainly sue but why isn't the FBI investigating the hacking?