Carmen Ortiz Used Swartz Case to Advance Her Career?

Carmen Ortiz Used Swartz Case to Advance Her Career?

Swartz didn’t face prison until feds took over case, report says | Politics and Law – CNET News

State prosecutors who investigated the late Aaron Swartz had planned to let him off with a stern warning, but federal prosecutor Carmen Ortiz took over and chose to make an example of the Internet activist, according to a report in Massachusetts Lawyers Weekly.

Middlesex County’s district attorney had planned no jail time, “with Swartz duly admonished and then returned to civil society to continue his pioneering electronic work in a less legally questionable manner,” the report (alternate link) said. “Tragedy intervened when Ortiz’s office took over the case to send ‘a message.'”

The report is likely to fuel an online campaign against Ortiz, who has been criticized for threatening the 26-year-old with decades in prison for allegedly downloading a large quantity of academic papers. An online petition asking President Obama to remove from office Ortiz — a politically ambitious prosecutor who was talked about as Massachusetts’ next governor as recently as last month.

Swartz didn’t face prison until feds took over case, report says | Politics and Law – CNET News

From further down in the article:

But the sweeping nature of federal computer crime laws allowed Ortiz and Assistant U.S. Attorney Stephen Heymann, who wanted a high-profile computer crime conviction, to pursue felony charges. Heymann threatened the free-culture activist with over 30 years in prison as recently as the week before he killed himself. Rep. Zoe Lofgren, a Democrat whose district includes the heart of Silicon Valley, has proposed rewriting those laws.

The Boston U.S. Attorney’s office was looking for “some juicy looking computer crime cases and Aaron’s case, sadly for Aaron, fit the bill,” Elliot Peters, Swartz’s attorney at the Keker & Van Nest law firm, told the Huffington Post. Heymann, Peters says, thought the Swartz case “was going to receive press and he was going to be a tough guy and read his name in the newspaper.”

Carmen Ortiz - Future Governor?
Carmen Ortiz – Future Governor?

Just three months ago, Ortiz’s office, as TechDirt reported, severely escalated the already-excessive four-felony-count indictment by adding nine new felony counts, each of which “carrie[d] the possibility of a fine and imprisonment of up to 10-20 years per felony”, meaning “the sentence could conceivably total 50+ years and [a] fine in the area of $4 million.” That meant, as Think Progress documented, that Swartz faced “a more severe prison term than killers, slave dealers and bank robbers”.

Swartz’s girlfriend, Taren Stinebrickner-Kauffman, told the WSJ that the case had drained all of his money and he could not afford to pay for a trial. At Swartz’s funeral in Chicago on Tuesday, his father flatly stated that his son “was killed by the government”.

Ortiz and Heymann continue to refuse to speak publicly about what they did in this case – at least officially. Yesterday, Ortiz’s husband, IBM Corp executive Thomas J. Dolan, took to Twitter and – without identifying himself as the US Attorney’s husband – defended the prosecutors’ actions in response to prominent critics, and even harshly criticized the Swartz family for assigning blame to prosecutors: “Truly incredible in their own son’s obit they blame others for his death”, Ortiz’s husband wrote. Once Dolan’s identity was discovered, he received assertive criticism and then sheepishly deleted his Twitter account.

Carmen Ortiz – Governor?

From the Boston Globe:

The US attorney’s office’s strong focus on the probation controversy adds a particular sensitivity to the speculation that Ortiz, a 1978 George Washington Law School graduate, is considering becoming a candidate.

It could open her to charges by her opponents and others that she has used the investigation into political leaders to ­advance her political ambitions. Ortiz, however, would be among a crowd of regional federal prosecutors who have used their office to create a high public profile that allows them to run for office.

For example, William F. Weld, who served as US attorney in Boston in the early and mid-1980s, relentlessly pursued former mayor Kevin H. White. No charges were ever brought against White, but the intense publicity gave Weld the ability to parlay that investigation and others into a successful campaign for governor in 1990.

Other US attorneys who went on to successful political careers included former mayor Rudolph Giuliani of New York, Governor Chris Christie of New Jersey, and former governor ­Janet Napolitano of Arizona, now US secretary of homeland security.

From around the web –

From the web site of Glenn Greenwald:

Just three months ago, Ortiz’s office, as TechDirt reported, severely escalated the already-excessive four-felony-count indictment by adding nine new felony counts, each of which “carrie[d] the possibility of a fine and imprisonment of up to 10-20 years per felony”, meaning “the sentence could conceivably total 50+ years and [a] fine in the area of $4 million.” That meant, as Think Progress documented, that Swartz faced “a more severe prison term than killers, slave dealers and bank robbers”.

Swartz’s girlfriend, Taren Stinebrickner-Kauffman, told the WSJ that the case had drained all of his money and he could not afford to pay for a trial. At Swartz’s funeral in Chicago on Tuesday, his father flatly stated that his son “was killed by the government”.

Ortiz and Heymann continue to refuse to speak publicly about what they did in this case – at least officially. Yesterday, Ortiz’s husband, IBM Corp executive Thomas J. Dolan, took to Twitter and – without identifying himself as the US Attorney’s husband – defended the prosecutors’ actions in response to prominent critics, and even harshly criticized the Swartz family for assigning blame to prosecutors: “Truly incredible in their own son’s obit they blame others for his death”, Ortiz’s husband wrote. Once Dolan’s identity was discovered, he received assertive criticism and then sheepishly deleted his Twitter account.

From the web site, Translation Exercises:

Conversely, Aaron Swartz was not Muslim, and thus his chances of being targeted as a potential terrorist were significantly decreased. However, his crime was taking concepts like public-access and creative commons too seriously–and thus thwarting the private property interests of info-hoarding profitable (though “officially” non-profit) companies like JSTOR–and officially for-profit companies like Elsevier. As with most policies under the Bush and Obama Administrations, what we have come to understand is that they will fiercely, staunchly, defend the interests of banks, mortgage companies, and their Wall Street friends–and be perfectly equanimous about trampling powerless individuals–especially if they are hotheaded, suggestible, or “excessively” idealistic about standards of fairness and justice.

It is not surprising that Eric Holder and Carmen Ortiz are consistent in their overzealous prosecutions against individuals who are engaged in political dissent: For Aaron Swartz, this dissent took the form of challenging the electronic paywalls that prevented public access to work done by scholars like myself, who will never see a penny from the tens of articles that I have published. Mehanna’s speech at sentencing is worth reading; he is clearly a politically aware young man. His dissent took the form of challenging and criticizing the US government’s imperial war—perhaps in extreme terms—but that is also part of the flexible boundaries of speech.

From the web site, Who What Why:

The suicide last Friday of information activist, computer hacker and technical wunderkind Aaron Swartz has focused attention on Carmen Ortiz, the U.S. Attorney for Massachusetts, whose overzealous prosecution may have led to his death. Swartz, co-founder of a website later acquired by Reddit as well as a prime developer of the online publishing infrastructure known as Rich Site Summary (RSS), was under federal indictment for logging into JSTOR—a database of scholarly articles accessible from universities across the country—and downloading its content with the intent to distribute the articles online free of charge.

Despite JSTOR’s subsequent securing of the “stolen” content and refusal to press charges, Swartz was arrested by the feds and charged originally with four felony counts under the 1986 Computer Fraud and Abuse Act. On those charges alone, Swartz was facing a possible 35-year sentence and over $1,000,000 in fines. Just three months ago, a “Superseding Indictment” filed in the case by the U.S. attorney’s office upped the felony count from four to 13. If convicted, Swartz was looking at possibly over 50 years in prison: a conceivable life sentence.

Ortiz, the politically ambitious U.S. attorney for Massachusetts, spearheaded the prosecution against Swartz. “Stealing is stealing whether you use a computer command or a crowbar,” Ortiz proclaimed in a 2011 press release. Her point man in the case was Assistant U.S. Attorney Stephen Heymann, a specialist in computer crime and son of Philip Heymann, the United States Deputy Attorney General during the Clinton administration. Stephen Heymann led the 2010 investigation into Albert Gonzalez, the TJX hacker, in the largest identity fraud case in history. Heymann’s office suspected that one of the unindicted co-conspirators named in that criminal complaint—“JJ”—was Jonathan James, a juvenile hacker who also killed himself two weeks after his house was raided.

 

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