We previously discussed how the Justice Department hounded Aaron Swartz in a prosecution that sought 35 years in prison for his effort to make academic papers available to the public — even though MIT did not ask for such charges and later released the papers free of charge to the public. United States Attorney Carmen M. Ortiz and the Obama Administration were long criticized for the prosecution but remained committed to destroying Swartz — a move that clearly delighted copyright hawks that have tremendous influence over the Administration as discussed earlier. Given the high-profile nature of the case and the months of criticism, it is clear that Main Justice in Washington had to be monitoring the case. Now it appears that Swartz’s line prosecutor, Assistant United States Attorney Stephen Heymann was connected to a prior suicide of a defendant in a similar case. In 2008, Jonathan James killed himself while being pursued by Heymann in a criminal hacker case. Heymann then moved on to Swartz who also killed himself — complaining of the abusive treatment by the Justice Department. It is worth noting that the Justice Department could not come up with a single charge for anyone associated with the torture program, including the attorneys who facilitated the program. However, it wanted 35 years for a man accused of illegally gaining access to a university site and downloading academic papers to make available to the public for free. Those documents later released for free to the public but the Obama Administration still felt jail time was essential in the interests of justice.
Heymann secured a record by making James the first juvenile jailed in a federal cybercrime case. James insisted in his suicide note that he was innocent but that the prosecutors would not leave him alone. He wrote “I have no faith in the ‘justice’ system. Perhaps my actions today, and this letter, will send a stronger message to the public. Either way, I have lost control over this situation, and this is my only way to regain control.”
Heymann received the Attorney General’s Award for Distinguished Service for “directing the largest and most successful identity theft and hacking investigation and prosecution ever conducted in the United States.”
Heymann is accused by a lawyer of using the Swartz case as a high-profile opportunity for himself and refused to accept a plea that did not involve a confession to all counts and a guarantee of prison time.
The Swartz case remains a serious concern with many of us. The extreme sentence sought in the case is troubling for an individual who was an advocate for public access and did not have a financial motive in his actions. He was a long-standing critic of the Obama Administration for its treatment of information under copyright and trademark laws as well as President Obama’s “hit list” policy.
Of course, it is doubtful that any serious investigation will come from the controversy. The Justice Department is notorious for whitewashing such controversies and the Administration has long followed the directions of industry and lobby groups on these laws, including criminalizing copyright violations. Both Congress and the White House have repeatedly yielded to increasing penalties and power for these groups. Swartz is simply the latest victim of this trend. Thousands of less well known citizens have been pursued for ruinous damages or criminal charges.
Source: Buzzfeed
Its Aaron not Adam.
The commentor, above SwarthmoreMom, points out that this Heymann schmuck was a state appointee not federal and not appointed under Obama’s watch. To blame Obama for everything under this day’s sun is a stretch. However, this persecution of people who share truths and documents which need to see the light of day, rises like the sun, as a daily human rights criminal enterprise. Ortiz needs to be prosecuted in the International Court of Human Rights for prosecuting Adam. If you readers would Google: The Judges Trial at Nuremburg– you will see how the United States prosecuted German judges in Nazi Germany for conduct like this Adam prosecution. That is when we were an Exemplary nation, back in the 1946 era when a guy named Harry was our President. After Nixon and The Pentagon Papers it has been all down hill.
I suppose it’s just easier to drive a defendant to suicide than it is to go through all that pesky trial nonsense.
Ortiz’s team must be peopled by a bunch of Fearless Fosdicks who remain reverent to the authority of a corrupt system.
http://farm8.staticflickr.com/7204/6862236202_4844e525c3_z.jpg
Well said Mespo.
DonS.
I want to echo Swarthmore mom’s kudos. Good link to the emptywheel article.
Sadly, what mespo says is true, but he also identifies the root of the problem: the almost limitless immunity prosecutors enjoy. Their immunity in a just world would extend no further than “honest mistake” and/or “reasonable misadventure”, but in cases like this one where discretion is clearly being abused for political purposes? Yeah, the prosecutors should be held accountable for their actions as a simple matter of justice and equity. In many ways, unlimited or practically unlimited immunity and others shields against liability are a key component in the systemic malfunctions that plague our government and our society.
Both the Swartz and Hayman case mirror Jean Valjean and Insp. Javert. History repeating art.
Good post, Don S.
emptywheel, on why homing in solely on the prosecutor is not addressing the rot in the system, and in fact validates the legitimacy of the system by, my words, acknowledging and working within a corrupt and venal system:
“These petitions [to fire Ortiz, etc] seem to serve the purpose of pretending that Swartz’ treatment was abnormal.
“It was not.
“Not only has Obama’s Administration treated all those who liberate information without his government’s sanction as dangerous criminals, but his DOJ has been ruthless against just about everyone who is not a Wall Street Executive.
“Jesslyn Radack–who knows how aggressively Obama’s DOJ has targeted those who free information as well as anyone–discusses the legal futility of trying to go after Stephen Heymann. But she also notes that the real remedy to prevent more people from experiencing what Swartz did is to start fixing DOJ. ”
I realize these thoughts may not be popular on this legal blog, but I think the whole post merits a read:
http://www.emptywheel.net/2013/01/15/ok-but-can-we-also-fire-lanny-breuer/
Keley:
“I do hope the family files a wrongful death suit…”
**********************
If filed, that suit is going nowhere. There is a mountain of problems standing in the way of proving either negligence or intentional conduct on the part of the prosecutor who enjoys almost limitless immunity. Couple that with the issue of causation — the plaintiff took his own life after all — and I doubt many lawyers would take on the fight. Many folks here see a moral wrong by the prosecutor but that does not translate into legal causes of action. This is something first year law school students learn much to their dismay. Any decisions on the morality of the conduct of the prosecutor will have to come in the next world not this one.
I do hope the family files a wrongful death suit and this dirty little secret in Massachusetts is brought into full public view. Parents, in particular, should pay close attention to what is going on here and what this administration is doing – probably to win the hearts and minds of lobbyists for the entertainment and education industries. Barack Obama does have teenagers so this is particularly offensive – as is the never ending war on whistle bloweres.
http://www.alternet.org/news-amp-politics/federal-prosecutor-stephen-heymann-wanted-juicy-case-publicity-and-found-it-aaron
“This prosecutor needs to be “looked” at very closely to see what the public can find.: (rafflaw)
How about, this prosecutor needs to be hounded in to justifying his tactics and motives by empaneling a special grand jury and putting under oath all those with whom he shared his precious words to encourage their fervor in developing this case, and other cases . . And a couple of other special committees to drag him in front of to justify his miserable ethic..
Ah, ‘we’ who have little patience for “technicalities”, as opposed to “it’s either the law or not”. Doesn’t leave much in the way of compassion for Mr. Swartz. I cite this miscarriage of ‘justice’ as another example of a definition of a ‘technicality’, based on the tactics of the prosecutor and the piling on of charges.
Due to the disproportionality of power, I fully concur he was bullied The reasons for suicide are never fully cognizable, nor one sided, nor pleasant for those left behind. But it seems those most directly effected are the family, and they seem to be pointing the finger directly at the prosecutor. It is a cold person who would home in on a characterization of suicide, used in derogation, that it is an act of cowardice when the countervailing considerations indicate that this young individual’s life seems basically to have advocated for high principle.
Given that the “victims” of Swartz’s crime primarily seem to sympathize with his intention — including the many tribute publications by the authors of material “stolen” — I am willing to call the prosecutors vengeance a vendetta hanging on the all the legal niceties and presumptions and inferences she could muster.
http://www.thedailybeast.com/articles/2013/01/15/aaron-swartz-s-unbending-prosecutors-insisted-on-prison-time.html
“I have no faith in the ‘justice’ system. Perhaps my actions today, and this letter, will send a stronger message to the public. Either way, I have lost control over this situation, and this is my only way to regain control.”
-Jonathan James
As of 2003, Stephen Heymann served as Deputy Chief of the Criminal Division of the Massachusetts US Attorney’s Office. Heymann is not an Obama appointee. Ortiz is. Obama was not elected until the end of 2008.
The body count grows. This administration prosicutes and persicutes those that disagree with them. This presidents threatens Imperial Power by RUELING by decree. They know what the truth is yet they continue to lie and go after individual freedom and power. What truely is their motive.
http://www.saf.org/LawReviews/Tartaro1.htm
You expect the Obama administration to do anything that resembles anything akin to justice!
This prosecutor needs to be “looked” at very closely to see what the public can find.
http://www.justfacts.com/guncontrol.asp