I mean, I can sue you for stealing US nuclear secrets. Now if only I had some evidence...
#1 - No you can't, because only government officials can prosecute "crimes", as opposed to civil causes of action. (I think this distinction is stupid; it is not part of anyone's view of the world and it doesn't have any useful effects. But it will definitely stop you from prosecuting someone for espionage.)
#2 - No, you can't, because you don't suffer any injury if em-bee steals US nuclear secrets.
Fishing expeditions are common and sometimes...legendary cough SCO-Linux dispute
clearly (from amazon's perspective) you can't switch to google without revealing secrets and violating your NDA, therefore we sue you.
As we shall see, the non-compete is also unenforceable in this situation, it just costs more to show that it's not. Non-competes are for the "small" people.
The bigger question is, why are you carrying water for them? Enforceability of this BS is not in your interest unless you're a major shareholder, and even then non-competes are ethically dubious at best. If what's in his head is so valuable (which I'm almost certain it's not), Amazon should offer to pay him his previous comp for the duration of his non-compete, at the very least, so that he sits it out for a year. What are his options? To not ever work anywhere else again? To radically switch careers upon departure?