Statement Deconstruction
STATEMENT OF UNITED STATES ATTORNEY CARMEN M. ORTIZ
REGARDING THE DEATH OF AARON SWARTZ
As a parent and a sister, I can only imagine the pain felt by the family and friends of Aaron Swartz, and I want to extend my heartfelt sympathy to everyone who knew and loved this young man.[Sympathy - a good start but no apology.] I know that there is little I can say to abate the anger felt by those who believe that this office’s prosecution of Mr. Swartz was unwarranted and somehow led to the tragic result of him taking his own life.[Acknowledges anger and public feeling. No comment on their actions.]
I must, however, make clear that this office’s conduct was appropriate in bringing and handling this case.[States that they were correct to bring and handle the case. May be read as they handled the case correctly BUT does NOT actually state that.] The career prosecutors handling this matter took on the difficult task of enforcing a law they had taken an oath to uphold, and did so reasonably. [Claims the career prosecutors were reasonable. Were all involved 'career prosecutors' or is someone about to be hung out to dry? Alternative reading is that 'career prosecutors' is just trying to make them sound better.] The prosecutors recognized that there was no evidence against Mr. Swartz indicating that he committed his acts for personal financial gain, and they recognized that his conduct – while a violation of the law – did not warrant the severe punishments authorized by Congress and called for by the Sentencing Guidelines in appropriate cases. [OK. Then why would they (note Ortiz is not taking responsibility for this judgement) want to seek 7 years if it went to trial] That is why in the discussions with his counsel about a resolution of the case this office sought an appropriate sentence that matched the alleged conduct – a sentence that we would recommend to the judge of six months in a low security setting. [not stated also admission of 13 felonies or that if he wanted a trial because he believed himself not guilty the appropriate sentence to seek would have been 7 years. Thats what you get for believing you have a right to a trial and not just doing what we say.] While at the same time, his defense counsel would have been free to recommend a sentence of probation. [Not stated: for 13 admitted felonies.] Ultimately, any sentence imposed would have been up to the judge. [Not our responsibility really.] At no time did this office ever seek – or ever tell Mr. Swartz’s attorneys that it intended to seek – maximum penalties under the law. [We were really generous and told Mr. Swartz's attourneys that we intended to seek something between the maximum and ten times what was appropriate (by our admission) if he didn't plead guilty]
As federal prosecutors, our mission includes protecting the use of computers and the Internet by enforcing the law as fairly and responsibly as possible. [Sounds reasonable but does it match their actions?] We strive to do our best to fulfill this mission every day.[But we aren't commenting on the rest of our mission or how we have done matching this mission in this case.]