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DOJ Elevated Its Charges Against Swartz Because Internet Rallied on His Behalf

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Re: DOJ Elevated Its Charges Against Swartz Because Internet Rallied on His Behalf

#71
post #31

I wouldn't even be 1% surprised if they forced Swartz into committing suicide, by threatening to harm his loved ones if he didn't. http://en.wikipedia.org/wiki/Forced_suicide

can you share some of your reasoning behind this (quite extreme) belief?

I just wanted to see if anyone would agree with it.

Re: DOJ Elevated Its Charges Against Swartz Because Internet Rallied on His Behalf

#72
post #69

Earlier quoted context omitted.

> My greater point is about the arena that Ford decisively closed off with his pardon. Historically, when a Republic degrades to the point where leaders don't dare lose power, because they'll lose their freedom and frequently in time past their lives, that Republic dies an ugly death. The other point in time where Republics die an ugly death is the point at which the leaders no longer feel constrained by the threat o…

Right. Nixon's forced resignation, on a credible threat that he'd otherwise suffer a bipartisan House impeachment and Senate conviction---either a singular event in US history---in no way whatsoever held him accountable, nor illustrated a threat to future Presidents....

> Right. Nixon's forced resignation, on a credible threat that he'd otherwise suffer a bipartisan House impeachment and Senate conviction---either a singular event in US history---in no way whatsoever held him accountable, nor illustrated a threat to future Presidents

Well, no, you'll note I didn't say anything like that.

In fact, viewed alone, that would be a very potent blow for accountability; but impeachment and conviction on articles of impeachment alone is fairly minimal accountability, especially for a President (for, e.g., judges its somewhat more significant, as the ban on future public office is more significant for them than for Presidents.)

It would, however, be significant for Presidents because it opens the door for immediate criminal accountability, but this impact is neutralized when we establish that even the consideration of criminal liability of the President for actions committed during the term of office, even those high crimes and misdemeanors so serious and well established that they certainly would have resulted in impeachment and conviction, is outside the scope of what can be considered.

Re: DOJ Elevated Its Charges Against Swartz Because Internet Rallied on His Behalf

#73
post #68

Earlier quoted context omitted.

I guess I can't really feel sympathy for anyone involved if the government's default operating mode was 'naked corruption' and then suddenly efforts were made to clean it up. If the upper branches of the government are just known by insiders to be wholly criminal, and the only thing keeping it from collapsing under the weight of its own criminality is collusion, then so be it. Let the whole thing come crashing down,…

But, you see, it wasn't a case that "suddenly efforts were made to clean it up". A very large number of Democrats considered Nixon to be fundamentally illegitimate---in fact, as far as I can tell that's true for all modern era Republican Presidents except for Ike, who was an obvious special case, not even declaring himself and his family to be Republicans before 1951---and they wanted to get him at any cost. We can a…

> "Let the whole thing come crashing down", well, that tells us how much you really care for "the people" ... you're talking about ending the Republic.

No, I'm referring to the collusion between the two extant political parties. Political parties receive no charter in the constitution and the founders of the country generally held them in low regard, and yet they've established a stranglehold on the country. Their reign is what I'm referring to when I say "Let the whole thing come crashing down."

Edit: George Washington said it better than I can in his farewell address[1].

[1] http://en.wikisource.org/wiki/Washington%27s_Farewell_Addres...

Re: DOJ Elevated Its Charges Against Swartz Because Internet Rallied on His Behalf

#74
post #68

Earlier quoted context omitted.

But, you see, it wasn't a case that "suddenly efforts were made to clean it up". A very large number of Democrats considered Nixon to be fundamentally illegitimate---in fact, as far as I can tell that's true for all modern era Republican Presidents except for Ike, who was an obvious special case, not even declaring himself and his family to be Republicans before 1951---and they wanted to get him at any cost. We can a…

> "Let the whole thing come crashing down", well, that tells us how much you really care for "the people" ... you're talking about ending the Republic. No, I'm referring to the collusion between the two extant political parties. Political parties receive no charter in the constitution and the founders of the country generally held them in low regard, and yet they've established a stranglehold on the country. Their re…

Especially given that the two political parties include 2/3rds of the population, there's no way your preferred conflict would be limited. That's not even counting what hostile countries and non-state actors would do to us while we're tearing apart the nation. What do you see as the end state after the two parties "get the knives out on each other"?

Given that this is how people always organize themselves in the post-monarchical period (significant counter examples welcome, but of course one party states don't count), it's fatuous to imagine that we'd see anything in the vague direction of the Founder's idealism (well, I'm sure some realized they'd develop, as they did rather quickly, especially after Washington left the national stage (heh, which I drafted before seeing your addition)). After those knives spill enough blood, it's doubtful there'd even be a reconciliation.

Re: DOJ Elevated Its Charges Against Swartz Because Internet Rallied on His Behalf

#75
post #69

Earlier quoted context omitted.

Right. Nixon's forced resignation, on a credible threat that he'd otherwise suffer a bipartisan House impeachment and Senate conviction---either a singular event in US history---in no way whatsoever held him accountable, nor illustrated a threat to future Presidents....

> Right. Nixon's forced resignation, on a credible threat that he'd otherwise suffer a bipartisan House impeachment and Senate conviction---either a singular event in US history---in no way whatsoever held him accountable, nor illustrated a threat to future Presidents Well, no, you'll note I didn't say anything like that. In fact, viewed alone , that would be a very potent blow for accountability; but impeachment and…

A ban on future public office would be news to this ex-Federal judge: http://en.wikipedia.org/wiki/Alcee_Hastings

Re: DOJ Elevated Its Charges Against Swartz Because Internet Rallied on His Behalf

#76
post #67
post #61

Earlier quoted context omitted.

So why am I disappointed in MIT? Because the DOJ has never understood computer technology very well. MIT does. It was their job to educate the DOJ, to subordinate passion to reason, and to parse the difficult technological issues to explain the real lack of damage caused by Aaron Schwartz's actions. I can see where you're coming from here, but unfortunately, from what I've read (particularly what's in the Abelson rep…

>"...[U]nfortunately, from what I've read (particularly what's in the Abelson report, see below), I don't think the DOJ was listening to MIT in this case anyway; the US Attorney's office had its own view of the case and wasn't receptive to alternative views..." >"I'm also curious what 'involvement with the prosecution' you think MIT had. Have you read the Abelson report? It's quite comprehensive in its treatment of w…

Are you completely unaware of the irony in stating your distrust of "any internal investigation conducted by an institution that exonerates it from all wrongdoing" and then pointing to an article about the defendant's father thinking the same thing? Any chance his dad might be less than neutral here as well?

Re: DOJ Elevated Its Charges Against Swartz Because Internet Rallied on His Behalf

#77
post #74

Earlier quoted context omitted.

> "Let the whole thing come crashing down", well, that tells us how much you really care for "the people" ... you're talking about ending the Republic. No, I'm referring to the collusion between the two extant political parties. Political parties receive no charter in the constitution and the founders of the country generally held them in low regard, and yet they've established a stranglehold on the country. Their re…

Especially given that the two political parties include 2/3rds of the population, there's no way your preferred conflict would be limited. That's not even counting what hostile countries and non-state actors would do to us while we're tearing apart the nation. What do you see as the end state after the two parties "get the knives out on each other"? Given that this is how people always organize themselves in the post…

> Especially given that the two political parties include 2/3rds of the population, there's no way your preferred conflict would be limited.

I think you wildly overestimate how passionately partisan the citizenry of this country really is. The majority of the population isn't even invested enough in their chosen party to make their way into a voting booth every couple of years to fill out a few checkboxes. Do you actually believe that these resigned, apathetic people are going to take up arms against each other simply because their leaders were revealed to be criminals?

Re: DOJ Elevated Its Charges Against Swartz Because Internet Rallied on His Behalf

#78
post #21

The actor I'm most disappointed in is MIT. Right now, the DOJ is one of the targets of a massive scared-straight campaign by Beltway technologists. One of the worst kept secrets in the world is that US cybersecurity, outside of the military and the IC, is incredibly bad. If most civilian agencies were private corporations, they would have been sued dozens of times by users for negligence in data handling. For those t…

Nitpicky, but it's Swartz, not Schwartz.

Re: DOJ Elevated Its Charges Against Swartz Because Internet Rallied on His Behalf

#79
post #75

Earlier quoted context omitted.

> Right. Nixon's forced resignation, on a credible threat that he'd otherwise suffer a bipartisan House impeachment and Senate conviction---either a singular event in US history---in no way whatsoever held him accountable, nor illustrated a threat to future Presidents Well, no, you'll note I didn't say anything like that. In fact, viewed alone , that would be a very potent blow for accountability; but impeachment and…

A ban on future public office would be news to this ex-Federal judge: http://en.wikipedia.org/wiki/Alcee_Hastings

> A ban on future public office would be news to this ex-Federal judge

The Constitution limits the possible penalties on conviction for impeachment to removal from office and "disqualification to hold and enjoy any office of honor, trust or profit under the United States" [1]. It does not mandate that both of the available remedies be applied upon conviction.

[1] Art. I, Sec. 3

Re: DOJ Elevated Its Charges Against Swartz Because Internet Rallied on His Behalf

#80
post #67

Earlier quoted context omitted.

>"...[U]nfortunately, from what I've read (particularly what's in the Abelson report, see below), I don't think the DOJ was listening to MIT in this case anyway; the US Attorney's office had its own view of the case and wasn't receptive to alternative views..." >"I'm also curious what 'involvement with the prosecution' you think MIT had. Have you read the Abelson report? It's quite comprehensive in its treatment of w…

Are you completely unaware of the irony in stating your distrust of "any internal investigation conducted by an institution that exonerates it from all wrongdoing" and then pointing to an article about the defendant's father thinking the same thing? Any chance his dad might be less than neutral here as well?

There's another irony here, which is mentioned in that article. The father said that MIT was not neutral, and seems completely unaware that the Abelson report he complains about says the same thing. The report says that MIT adopted a policy of neutrality, but the actual effect of that policy was not neutral; it was biased in favor of the prosecutors and against Swartz. One of the report's recommendations is to reconsider that kind of policy choice.
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