Prosecutor defends case against Aaron Swartz

[alp227]

Source: CNN

A federal prosecutor is pushing back against the claim by the grieving family of Internet activist Aaron Swartz that "prosecutorial overreach" was a factor in his suicide, saying her office acted "fairly and responsibly."

News of the death of Swartz, 26, last Friday sent shock waves through the hacker community, the Massachusetts Institute of Technology and the larger online world.

His family and partner issued a statement saying that federal charges filed over allegations that he stole millions of online documents -- mostly scholarly papers -- from MIT through the university's computer network contributed to Swartz's decision to take his own life.

But the U.S. attorney for Massachusetts, Carmen M. Ortiz, disputed their account of events in a statement released late Wednesday, while expressing her sympathy "as a parent and a sister" for their loss.

Read more: http://www.cnn.com/2013/01/17/tech/aaron-swartz-death/index.html

[proverbialwisdom]

1. Esquire: Still More About The Death Of Aaron Swartz

Oh?

http://www.esquire.com/blogs/politics/aaron-swartz-case-011713

Jan 17, 2013

Still More About The Death Of Aaron Swartz

By Charles P. Pierce at 11:45AM

[randome]

6. I don't see the 'political ambition' alleged by the author of the article.

How would it enhance anyone's career to have pushed for a 4-6 month sentence that would likely have resulted in probation and not jail time?

There is no mention that it was MIT who wanted to make an example of Swartz. This is why they are conducting an internal probe to determine what they did wrong.

The entire case was a waste of everyone's time but it was Swartz who killed himself.

[proverbialwisdom]

11. WBUR: Retired Federal Judge Joins Criticism Over Handling Of Swartz Case

http://www.wbur.org/2013/01/16/gertner-criticizes-ortiz-swartz

Retired Federal Judge Joins Criticism Over Handling Of Swartz Case

By David Boeri
January 16, 2013

[proverbialwisdom]

13. Aaron Swartz’s Suicide Triggers Response from Top U.S. Lawmakers (Warren, Issa, Lofgren, Polis)

http://business.time.com/2013/01/16/aaron-swartzs-suicide-triggers-response-from-us-lawmakers/

Aaron Swartz’s Suicide Triggers Response from Top U.S. Lawmakers

By Sam Gustin
Jan. 16, 2013

[bluestateguy]

2. I didn't hear an apology in that statement

Did I miss something? Because I was looking for it and could not seem to find it.

[AnOhioan]

3. Defending the indefensible

[SemperEadem]

4. well what else would you say? Of course you'd say that...

doesn't make it true...

[Bjornsdotter]

5. She failed n/t

[cosmicone]

7. Since the Patriot Act and DMCA the cops, the FBI and the prosecutors

have become authoritarian with no accountability and basking in the immunity they get for their actions.

A lot of people, usually poor and powerless, are railroaded into sentences and plea bargains when the evidence is sketchy to non-existent.

Sad commentary on the principles of justice.

[mcgarry50]

8. democracy now

amy goodman did a great report about Aaron Swartz today, with some great interviews. worth watching as amy is always

[RainbowSuperfund]

10. Please sing the petition to remove her from her job:

The best response I have to that non apology is to post again the 2 petitions to have her and the assistant prosecutor fired for their poor judgement. She is working against creating the world I want to live in, While Aaron Swartz was working to create a better future for all of us. Wish I could trade her in, and get him back, but since I can't, Please sign the petitions.

https://petitions.whitehouse.gov/petition/remove-united-states-district-attorney-carmen-ortiz-office-overreach-case-aaron-swartz/RQNrG1Ck


https://petitions.whitehouse.gov/petition/fire-assistant-us-attorney-steve-heymann/RJKSY2nb

[proverbialwisdom]

12. TECHDIRT: Senator John Cornyn Asks Eric Holder To Explain DOJ Prosecution Of Aaron Swartz

http://www.techdirt.com/articles/20130118/14324821731/senator-john-cornyn-asks-eric-holder-to-explain-doj-prosecution-aaron-swartz.shtml

Senator John Cornyn Asks Eric Holder To Explain DOJ Prosecution Of Aaron Swartz
by Mike Masnick
Fri, Jan 18th 2013 3:24pm

LETTER AT LINK
Petitions in comments

[proverbialwisdom]

14. BOSTON HERALD: Ortiz says suicide will not change handling of cases

http://bostonherald.com/news_opinion/local_coverage/2013/01/ortiz_says_suicide_will_not_change_handling_cases

Ortiz says suicide will not change handling of cases

January 21, 2013

Chris Cassidy / Boston Herald
Christine McConville / Boston Herald

<>

Ortiz’s spokeswoman, Christina DiIorio-Sterling, said last night the Swartz case won’t affect the office’s handling of other cases. “Absolutely not,” she said. “We thought the case was reasonably handled and we would not have done things differently.

<>

R. Bradford Bailey, a defense lawyer and former federal prosecutor, said he expects the Swartz case’s uproar to continue.

“It may lead to the U.S. attorney’s office looking at each case on its own merits. It may lead to U.S. 
Attorney General Eric Holder asking them to not look at things in terms of just numbers,” said Bailey, who said he’s been “quite frustrated” by prosecutors’ lack of flexibility. “If it does result in more flexibility and more ability to get outside of the mathematical grid, and an effort to come up with more responsible solutions, in the end, it may be some good coming out of a tragic and unfortunate situation.”

Meanwhile, attorney Daniel Gelb, a former assistant district attorney and a district chairman of the National Association of Criminal 
Defense Lawyers’ White Collar Crime Committee, said the Swartz case illustrates just how much power Ortiz has: “I think this case is a wake-up call with respect to the enormity of the impact a criminal prosecution can have on defendants whose conduct does not necessarily warrant the potential exposure under what can be extremely draconian sentencing guidelines.”

<>

[reACTIONary]

15. According to one commentator he committed breaking and entering...

...by breaking into a wiring closet to tap into to a network he was not authorized to access. I'm not sure if this is true but if it is, it leads me to believe that the prosecutors acted properly.

I'm also uncomfortable with his cause. JSTORE provides a valuable service but those who provide it incur a significant expense. It isn't unreasonable to ask those who benefit to share the cost.