Yes, this is another example of a dual-track justice system. Note how CIA officers aren't prosecuted for hacking the Senate [1, 2], but an activist is indicted for allegedly failing to decrypt some files.

[1] https://www.mcclatchydc.com/news/nation-world/national/natio...

[2] https://motherboard.vice.com/en_us/article/gvy537/the-cia-ha...