The grandparent comment said "liable". That's civil court, not criminal, and doesn't need the DOJ to be involved. HuggingFace and/or RubyGems could sue OpenAI.
States also have their own laws against unauthorized computer use (hacking). A state Attorney General could bring a suit under those laws, regardless of who is in the white house.
States also have their own laws against unauthorized computer use (hacking). A state Attorney General could bring a suit under those laws, regardless of who is in the white house.