Swartz Prosecutorial Misconduct … Holder Praises Prosecutors

Aaron Swartz Lawyers Accuse Prosecutor Stephen Heymann Of Misconduct

 

 

 

” WASHINGTON – Federal prosecutor Stephen Heymann engaged in prosecutorial misconduct by withholding key evidence from the defense team of Aaron Swartz, the late Internet activist’s legal team alleged in a letter to an internal Justice Department ethics unit.

Heymann took the lead in the much-criticized effort to imprison Swartz, who committed suicide in January, and was the attorney who handled the case on a day-to-day basis, reporting to U.S. Attorney Carmen Ortiz. Swartz’ attorney Eliot Peters has filed a complaint with the Department of Justice’s Office of Professional Responsibility, a step that indicates just how egregious the defense team considers Heymann’s professional behavior. A redacted version of the letter was obtained by The Huffington Post.

In the document, Peters argues that Heymann withheld exculpatory evidence. At issue was whether the federal government had properly obtained a warrant to search Swartz’ computer and thumb drive. Peters argued that the government failed by waiting more than a month to obtain the warrant. Heymann countered that he couldn’t get a warrant because he didn’t have access to the equipment. But an email in Heymann’s possession, which was written to Heymann himself, showed that assertion to be untrue.”

 

 

 

Attorney General Eric Holder: Prosecutors In Aaron Swartz Case Did A Great Job

 

 

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• Aaron Swartz’s Girlfriend Taren Stinebrickner-Kauffman Slams Eric Holder’s Claims (intellihub.com)
• Secret Service accused of misconduct in Aaron Swartz case (rt.com)
• Misconduct All Around …. A Justice Department Specialty (youviewed.com)
• Stephen Heymann Involved in Swartz Investigation before Arrest (emptywheel.net)
• Anonymous To Hold Boston Rally In Honor Of Aaron Swartz Tomorrow (Friday 1/25) (thephoenix.com)
• Sign now, get the US Attorney who hounded Aaron Swartz fired (boingboing.net)
• ‘Fire Steve Heymann’ Petition Reaches Threshold, Must Be Answered By White House (huffingtonpost.com)

 

 

 

 

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Misconduct All Around …. A Justice Department Specialty

Secret Service Accused Of Misconduct In Aaron Swartz Case

 

 

 

” The former girlfriend of computer hacker Aaron Swartz is lashing out at the US Justice Department after Attorney General Eric Holder defended the prosecution that some say drove the prodigy into committing suicide.

Swartz took his own life in January while waiting to stand trial in a federal computer fraud case that could have ended with him serving upwards of 35 years in prison. Earlier this week, Attorney General Holder said the suicide was a“tragedy” but that the prosecution was indeed by the books.

 

“Eric Holder and the Department of Justice are clearly trying to mislead the Senate and the public,” she says. “Holder claims that Aaron was only facing months in prison while [Assistant US Attorney Stephen] Heymann and [US Attorney Carmen] Ortiz were actively pursuing a penalty of seven years if the case went to trial. If you believe you’re innocent, you should not be coerced into accepting a plea bargain that marks you as a felon for life, just because prosecutors want to boast about taking a scalp.” “

Related articles

• RT: Secret Service accused of misconduct in Aaron Swartz case (aworldchaos.wordpress.com)
• AG Holder’s Defense of Swartz Prosecution is Troubling (lawprofessors.typepad.com)
• Eric Holder: Aaron Swartz Case ‘A Good Use Of Prosecutorial Discretion’ (huffingtonpost.com)
• US Attorney General defends handling of Aaron Swartz case (networkworld.com)
• Aaron Swartz Faced Max Jail Time of 3-5 Months (mashable.com)
• Eric Holder Makes it Clear DOJ’s Culture – Not the Prosecutor – Is the Problem in Swartz Case (reason.com)
• US Attorney General says Aaron Swartz case was a “good use of prosecutorial discretion” (slashgear.com)

 

 

 

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Anonymous Strikes Again

Hackers Take Over Gov’t Website To Avenge Swartz

 

 

” The website of the commission, an independent agency of the judicial branch, was taken over early Saturday and replaced with a message warning that when Swartz killed himself two weeks ago “a line was crossed.”

The message read in part:

Citizens of the world,
“Anonymous has observed for some time now the trajectory of justice in the United States with growing concern. We have marked the departure of this system from the noble ideals in which it was born and enshrined. We have seen the erosion of due process, the dilution of constitutional rights, the usurpation of the rightful authority of courts by the “discretion” of prosecutors. We have seen how the law is wielded less and less to uphold justice, and more and more to exercise control, authority and power in the interests of oppression or personal gain.”The hackers say they’ve infiltrated several government computer systems and copied secret information that they now threaten to make public.”

 

 

Related articles

• Anonymous takes down US Sentencing Commission website (guardian.co.uk)
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• Hackers take over gov’t website to avenge Aaron Swartz (cbsnews.com)
• Anonymous hacks US agency website (bbc.co.uk)
• Hackers take over gov’t website to avenge Swartz – CBS News (cbsnews.com)
• Hackers take over sentencing commission website (kansascity.com)

A Caswell Victory Over “Asset Forfeiture”

Triumphant Motel Owner Slams Carmen Ortiz

 

 

 

” A Tewksbury motel owner who just beat back U.S. Attorney Carmen Ortiz’s three-year bid to seize his business has become the latest critic to accuse the Hub’s top fed of prosecutorial bullying.

“I don’t think she should have the power she has to pull this stuff on people,” Russ Caswell, owner of the Motel Caswell, told the Herald last night after a judge’s ruling in his favor.

The feds first tried to grab Caswell’s property in 2009 under drug seizure laws, citing numerous drug busts at the motel. Caswell’s defense team argued that he was not responsible for what guests did. And his lawyers found there was actually more drug activity at nearby businesses, and theorized the government was going after Caswell, who has no criminal record, because his mortgage-free property is worth more than $1 million.

“It’s bullying by the government. And it’s a huge waste of taxpayer money,” said Caswell, whose father built the motel in 1955. “This has been a huge financial and physical toll. It’s thrown our whole family into turmoil. You work for all your life to pay for something and these people come along and think it’s theirs. It’s just wrong. The average person can’t afford to fight this.” ”

 

 

   Ironic that the Federal judge in the Caswell case , Carmen Ortiz , is the same one that has been thrust into the spotlight as the prosecuting attorney in the late Aaron Swartz’s case . Swartz , it should be recalled is the internet pioneer , co-founder of Reddit that was facing up to 35 years in jail and $1 million in fines when he took his own life several weeks ago . 

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• Carmen Ortiz’s Sordid Rap Sheet (whowhatwhy.com)
• Tewksbury motel owner wins battle against feds in high-profile property seizure case (bizjournals.com)
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• Judge Dismisses Government Seizure Attempt Of Tewksbury Motel (wbur.org)
• Mass. motel owner wins fight to stop forfeiture (sfgate.com)
• Owner wins court battle against feds trying to seize his Tewksbury motel (boston.com)
• AFP PODCAST: U.S. Gov’t Loses High-Profile Civil Forfeiture Case (americanfreepress.net)
• Swartz didn’t face prison until feds took over case, report says (oddonion.com)
• New Questions for Aaron Swartz’s Prosecutor, Whose Career Is Filled with Cases of Picking on the Weak (alternet.org)