The Truth About Aaron Swartz's "Crime"

While we're on the topic of things HN participants have trouble understanding, you may have a perspective on the legal system to add to the discussion, but you've apparently got something of a blind spot toward what the case you're building looks like outside that perspective.

At least, insofar as you're arguing that the legal system respects and the political system advances the careers of prosecutors who are overzealous (which, by definition, is disproportionate zeal).

> Jack Dorsey, or Steve Jobs, or all those other techheads who are revered for their overzealous and overbearing behavior.

This is like arguing that because some drug addicts are great artists, people should respect drug addicts.

I think it's pretty rare that you find people revered for overbearing and overzealous behavior itself -- when you find that behavior alone, in fact, you find people generally recognized as "assholes."

It's the other stuff that people like Jobs and Dorsey bring to the table that earns them respect and gets people lining up to work with them.

So if you want to make a comparison here that's going to hold up to any real scrutiny, you'd better be able to hold up to the world what Ortiz and her fellow overzealous prosecutors are contributing to the world besides their inordinate zeal -- what their singular gifts and rare qualities are.

Particularly in the moment when the most high profile product of that zeal is that seems to have contributed to someone's death.

You spent most of your comment defending that zeal instead, though. I don't know what that says about the strength of the case you hinted could be made about the details of a prosecutor's job and the legal and ethical obligations that come with it.

  Federal prosecutors don't get to decide if laws are   
  overbroad or unconstitutional and choose not to enforce the 
  law...They enforce all of the laws on the books unless 
  someone with legal discretion (i.e. ,the head of the DOJ or 
  the president) issues an order telling them not to enforce 
  a particular (set of) law(s).

"The USA [US Attorney] is invested by statute and delegation from the Attorney General with the broadest discretion in the exercise of such authority."

http://www.justice.gov/usao/eousa/foia_reading_room/usam/tit...

  The United States Attorney, within his/her district, has 
  plenary authority with regard to federal criminal matters. 
  This authority is exercised under the supervision and 
  direction of the Attorney General and his/her delegates.

  The statutory duty to prosecute for all offenses against 
  the United States (28 U.S.C. § 547) carries with it the 
  authority necessary to perform this duty. The USA is 
  invested by statute and delegation from the Attorney 
  General with the broadest discretion in the exercise of 
  such authority.

  The authority, discretionary power, and responsibilities of 
  the United States Attorney with relation to criminal 
  matters encompass without limitation by enumeration the 
  following:

  Investigating suspected or alleged offenses against the 
  United States, see USAM 9-2.010;

  Causing investigations to be conducted by the appropriate 
  federal law enforcement agencies, see USAM 9-2.010;

  Declining prosecution, see USAM 9-2.020;

  Authorizing prosecution, see USAM 9-2.030;

  Determining the manner of prosecuting and deciding trial 
  related questions;

  Recommending whether to appeal or not to appeal from an 
  adverse ruling or decision, see USAM 9-2.170;

  Dismissing prosecutions, see USAM 9-2.050; and

  Handling civil matters related thereto which are under the 
  supervision of the Criminal Division.

Now, I don't think the laws Swartz broke are fair. But you seem to be implying he should of hot special treatment because he was special. That is not how the law should work.

I just can't believe that it ended in Aaron taking his own life. I'm sure anyone paying attention to this will be very angry and sad.

No offense to Aaron (who is by all accounts even smarter than I) but many, many people get charged with Federal crimes (even those with 30 year sentences) and don't go and kill themselves. Especially when they're as innocent as everyone describe him to be.

In some of those cases the defendant gets to use it as an opportunity to thumb their nose at the prosecution the entire way along (a kind of "reverse bully-pulpit"). It really sounded to me that Aaron had built a good case for himself once they dropped the trespassing charge, especially in light of everything that's come out since his suicide. So I don't understand it...