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U.S. Attorney Carmen Ortiz Issues Statement on Aaron Swartz Case

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Re: U.S. Attorney Carmen Ortiz Issues Statement on Aaron Swartz Case

#81

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. The absolute dishonesty of this statement has only further convinced me that firing this political appointee to prevent her from further harming citizens is the only appropriate action for our government to take.

What? But they only asked for 29 years, not 30!

Re: U.S. Attorney Carmen Ortiz Issues Statement on Aaron Swartz Case

#82

While it is nice that she is passing blame to Congress, if it were only a "6 month low security setting" being discussed, why wouldn't Aaron have been told of this? Why the additional and ultimately 13 felony charges when he was MOST concerned with not being labled a felon. Why hold that 50 year sentence above his head with no HOPE in his own mind because he was left in the dark. "As a parent and sister", would you w…

When cops come across otherwise nice young white guys who believe themselves invulnerable or above the law and are doing stupid, impulsive things, their usual practice is to "scare them straight." So they get tough on them, tell them all of the awful consequences they're in for, put them in a horrible, cramped cell, maybe throw them in with some real nasty characters, and, above all, get their parents involved. It's…

"so maybe they decided they needed to put a lot of pressure on him to crush his spirit."

Isn't that maybe where proportionality comes in though?

It seems like they did indeed put on enough pressure to crush his spirit but maybe what they needed to do was give him a little wake up call/warning.

Re: U.S. Attorney Carmen Ortiz Issues Statement on Aaron Swartz Case

#83
post #20
post #7

> I must, however, make clear that this office’s conduct was appropriate in bringing and handling this case. That's why you assign investigations to independent entities, and that's why butchers aren't allowed to do their own health inspection. Whether it was appropriate or not is not for Carmen Ortiz to say. "The prosecutors recognized that there was no evidence against Mr. Swartz indicating that he committed his ac…

> "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." http://watchdogblog.dallasnews.com/2013/01/read-the-full-cou... page 344 > Nothing in the wire fraud statute or the cases construing it provides constitutionally adequate notice that manipulating IP addresses, spoofing MAC addresses, and gaining access to a free electronic communi…

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Re: U.S. Attorney Carmen Ortiz Issues Statement on Aaron Swartz Case

#84

"...we would recommend to the judge of six months in a low security setting. ...his defense counsel would have been free to recommend a sentence of probation. Ultimately, any sentence imposed would have been up to the judge" Little known fact here. When you accept a plea bargain you do not accept a sentence as part of that. Often times you agree to plea to lesser chargers which have a lower maximum penalty but you st…

The plea bargain could have been capped at six months. US Attorneys do this all the time. There is much more that the office can do than just recommend a sentence to the judge. The defense attorneys may not have wanted to run the risk of consecutive sentencing. The probation office could easily have reached the conclusion that the property taken was valued at $5 million based on the FBI affidavit and at that point probation is not permitted under the Guidelines. Supervised release additionally would have prevented any computer use for 2-3 years. The defendant would have gotten low security anyway and that determination is not up to their office or even the sentencing judge--it is a determination made by the US Bureau of Prisons. The statement is misleading in more than one respect.

Re: U.S. Attorney Carmen Ortiz Issues Statement on Aaron Swartz Case

#85
post #77

Earlier quoted context omitted.

Except defending himself would have cost on the order of a million dollars (Per Lessig) - does he go to his family for that? Even if he turns out to be found completely innocent, him, his family, and those who he can turn to would have been wiped out financially. That part of the story doesn't get enough attention.

Not sure - how do non-famous defendants without millionaire friends and that haven't sold a start-up fund their cases? He could try that.

They get incompetent public defenders.

Re: U.S. Attorney Carmen Ortiz Issues Statement on Aaron Swartz Case

#86

While it is nice that she is passing blame to Congress, if it were only a "6 month low security setting" being discussed, why wouldn't Aaron have been told of this? Why the additional and ultimately 13 felony charges when he was MOST concerned with not being labled a felon. Why hold that 50 year sentence above his head with no HOPE in his own mind because he was left in the dark. "As a parent and sister", would you w…

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Re: U.S. Attorney Carmen Ortiz Issues Statement on Aaron Swartz Case

#87
post #42

It's sad that he committed suicide, but that is not a rational response to 6 months in a low security jail. Conrad Black did 30+ months. Kevin Mitnick did several years. Even Martha Stewart managed 5 months. Also, with his profile and past history, his felony conviction would not seriously impede any career he wanted to undertake. Finally, the whole point of civil disobedience is to break a law, and get caught, punis…

Except defending himself would have cost on the order of a million dollars (Per Lessig) - does he go to his family for that? Even if he turns out to be found completely innocent, him, his family, and those who he can turn to would have been wiped out financially. That part of the story doesn't get enough attention.

If he accepted the plea bargain of six months, then the case wouldn't have gone to trial, avoiding the excessive legal fees. I don't understand the timeline, but had he accepted the plea bargain, is it not possible that he would have already served his sentence by now?

Re: U.S. Attorney Carmen Ortiz Issues Statement on Aaron Swartz Case

#88

Earlier quoted context omitted.

Except defending himself would have cost on the order of a million dollars (Per Lessig) - does he go to his family for that? Even if he turns out to be found completely innocent, him, his family, and those who he can turn to would have been wiped out financially. That part of the story doesn't get enough attention.

If he accepted the plea bargain of six months, then the case wouldn't have gone to trial, avoiding the excessive legal fees. I don't understand the timeline, but had he accepted the plea bargain, is it not possible that he would have already served his sentence by now?

Maybe. The point is that you shouldn't submit to 6 months of federal prison without trial or appeal, all the money loss for the two years in the case and your life ruined by the felony counts records for using a script to download files you already have legal access to. At worst all there is to this is trespassing, on an open campus on an open network etc etc.

Re: U.S. Attorney Carmen Ortiz Issues Statement on Aaron Swartz Case

#89
"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....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."

Yeah, and you added another 9 felonies after he refused the felon label to help him out.

Re: U.S. Attorney Carmen Ortiz Issues Statement on Aaron Swartz Case

#90
post #86

While it is nice that she is passing blame to Congress, if it were only a "6 month low security setting" being discussed, why wouldn't Aaron have been told of this? Why the additional and ultimately 13 felony charges when he was MOST concerned with not being labled a felon. Why hold that 50 year sentence above his head with no HOPE in his own mind because he was left in the dark. "As a parent and sister", would you w…

[deleted]

So the charges brought equated to three options:

1) We put you away for the rest of your adult life.

2) You admit that you're a guilty son-ova-bitch and you do a small amount of time with a felony conviction that hangs around your neck forever.

3) ... There is no third option on the table. You don't go to trial on those odds and hope that the system decides in your favour, otherwise, LIFE (gavel drop).

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