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View Diary: Firing Swartz Prosecutors (TWO hackers have committed suicide on their watch): Why It's Not Easy (128 comments)

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  •  "Standard reaction " (6+ / 0-)

    jumped out at me.  I imagine one has to imagine prosecutors have to think the worst of people, professionally, in order to do their jobs.  I think everything really turns on how one feels about the underlying prosecution (not much).  This warning by the client of a suicidal carjacker? Or embezzler?  Or even someone hacking the entire catalogue of Simon and Schuster?  Much more easily and properly disregarded.  I think Swartz should have faced some liability, actually, but not this, and nothing criminal. As the argument in his defense was that the prosecution itself lacked discretion, the warning took on greater weight, but the office seemed immune to it, so self-righteous they were.  (as is, often, the other side.)

     Ortiz obviously set the policy and tone, and is responsible for the culture.  I don't know that one case should result in her dismissal if she's otherwise effective, but it should b considered.  How senior Heymann is affects how much discretion is part of his job, and whether the next USA retains him.  It'd be easier for someone in Mass to ax him than a DAG, or the attorney general or certainly the president.

    Difficult, difficult, lemon difficult.

    by Loge on Tue Jan 15, 2013 at 08:32:37 AM PST

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