Earlier quoted context omitted.
If he hasn't released anything of use, why is he being charged with espionage?
Just because you failed to release interesting classified materials doesn't mean you weren't trying to. Just because you didn't kill anybody doesn't mean you don't get charged with attempted murder.
So if he's charged with espionage, even if he hasn't released anything, does that mean he has circumvented something? Or that access to that information didn't actually require being circumvented in the first place?