Nobody says the case is invalid. This is not Whataboutism. Have you carefully read the link you posted? > Whataboutism - ... attempts to discredit an opponent

Nobody says the case is invalid. This is not Whataboutism. Have you carefully read the link you posted? > Whataboutism - ... attempts to discredit an opponent's position by charging hypocrisy > Hypocrisy is the practice of engaging in the same behavior or activity for which one criticizes another or the practice of claiming to have moral standards or beliefs to which one's own behavior does not conform. Nobody is claiming the prosecution is "engaging in the same behavior", nor that the prosecution is "claiming to have moral standards or beliefs to which one's own behavior does not conform". The claim is that there is a bigger fish out there, and people are pointing out, that the bigger fish would be a better expense of the taxpayer money. Perhaps they even consider scenario of dropping Facebook case right now and starting cases against Google and Apple to be more beneficial than following through with it.