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Prosecutor as bully

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Re: Prosecutor as bully

#2

Post by pbateman »

From the link in the article:

Depending on how many of the counts Swartz is found guilty of, the sentence could conceivably total 50+ years and fine in the area of $4 million.

What an absurd and unreasonable level of punishment. Carmen Ortiz, the prosecutor who was behind this[1] needs to be publicly shamed.

[1] (source: http://bits.blogs.nytimes.com/2011/07/19/reddit-co-founder-c...)

Re: Prosecutor as bully

#3

Post by miles »

if what the government alleged was true — and I say “if” because I am not revealing what Aaron said to me then — then what he did was wrong. And if not legally wrong, then at least morally wrong.

Morally wrong to download taxpayer-funded research? I'm sorry Larry, you lost me.

More on the academic publishing "industry": http://www.guardian.co.uk/technology/2012/apr/22/academic-pu...

Re: Prosecutor as bully

#6

Post by apaprocki »

miles wrote: post #3

if what the government alleged was true — and I say “if” because I am not revealing what Aaron said to me then — then what he did was wrong. And if not legally wrong, then at least morally wrong. Morally wrong to download taxpayer-funded research? I'm sorry Larry, you lost me. More on the academic publishing "industry": http://www.guardian.co.uk/technology/2012/apr/22/academic-pu...

Separate topic, but I'm curious if making a statement like that open up the possibility that one could be served a subpoena to testify what was said?

Re: Prosecutor as bully

#7

Post by exit »

vertr wrote: post #5
exit wrote: post #4

'prosecutor' is too abstract. specific names should be named.

I agree, who is this prosecutor? http://www.justice.gov/usao/ma/contact.html

pbateman linked to an nytimes article that names 'Carmen M. Ortiz'.

http://bits.blogs.nytimes.com/2011/07/19/reddit-co-founder-c...

> Mr. Swartz was indicted last Thursday by the United States Attorney for the District of Massachusetts, Carmen M. Ortiz, and the indictment was unsealed Tuesday. The charges could result in up to 35 years in prison and a $1 million fine.

there must be more people behind this though.

Re: Prosecutor as bully

#8

Post by agwa »

pbateman wrote: post #2

From the link in the article: Depending on how many of the counts Swartz is found guilty of, the sentence could conceivably total 50+ years and fine in the area of $4 million. What an absurd and unreasonable level of punishment. Carmen Ortiz, the prosecutor who was behind this[1] needs to be publicly shamed. [1] (source: http://bits.blogs.nytimes.com/2011/07/19/reddit-co-founder-c... )

This is business as usual. Naming the prosecutor isn't going to accomplish anything - the whole system needs fixing.

Just a week ago this was on HN: https://news.ycombinator.com/item?id=5003335 I don't think they seized Swartz' assets in this case but they didn't need to - they made his defense as expensive as possible and bled him dry.

Re: Prosecutor as bully

#9

Post by count »

apaprocki wrote: post #6
miles wrote: post #3

if what the government alleged was true — and I say “if” because I am not revealing what Aaron said to me then — then what he did was wrong. And if not legally wrong, then at least morally wrong. Morally wrong to download taxpayer-funded research? I'm sorry Larry, you lost me. More on the academic publishing "industry": http://www.guardian.co.uk/technology/2012/apr/22/academic-pu...

Separate topic, but I'm curious if making a statement like that open up the possibility that one could be served a subpoena to testify what was said?

I believe Aaron had come to him under attorney/client privilege at that time. Just because Lessig had to step out due to a conflict doesn't change that fact.

Re: Prosecutor as bully

#10

Post by guan »

apaprocki wrote: post #6
miles wrote: post #3

if what the government alleged was true — and I say “if” because I am not revealing what Aaron said to me then — then what he did was wrong. And if not legally wrong, then at least morally wrong. Morally wrong to download taxpayer-funded research? I'm sorry Larry, you lost me. More on the academic publishing "industry": http://www.guardian.co.uk/technology/2012/apr/22/academic-pu...

Separate topic, but I'm curious if making a statement like that open up the possibility that one could be served a subpoena to testify what was said?

Ordinarily yes, but attorney–client privilege would apply here.
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