1) OpenAI and HuggingFace are both telling the truth.
IIRC not actually a crime because no intent, it is a technological accident, civil responsibility only, but IANAL so it's good "not technically a crime" isn't load-bearing.
2) HuggingFace is telling the truth but OpenAI is lying becuase the attack was deliberately done by humans. Bad for OpenAI to do so, Fable was blocked for less.
I think this would mean government is obliged to investigate the case and put the responsible OpenAI workers in jail, because cybercrimes are a public prosecution thing not a civil case? Again, IANAL, but this isn't load-bearing.
3) both are lying, e.g. there actually was no attack whatsoever, which would be pretty weird for HuggingFace because they have no incentive to hype up capabilities of anything closed weights including all OpenAI models; and also bad for OpenAI because White House blocked Fable for less
(I suppose there's also option 4, HuggingFace hacked OpenAI to make them look evil, including planting records that made them mea culpa? A weird plot but in this timeline any nonsense is clearly possible).