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View Diary: Aaron Swartz Was Going Home With a Slap On The Wrist. Then The Feds Got Involved (274 comments)

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  •  I'm not "defending" anyone, ... (0+ / 0-)

    including the prosecutors, who were doing what they were SWORN to do, which is to uphold the law.  But I certainly won't defend anyone who thinks they can act with impunity, especially when their "cause" is not profound.  

    If the prosecutors had held fast in refusing to plea bargain, which they have the discretion to do, and insisted on Swartz serving the maximum sentence, perhaps you'd have a case.  But the fact that they were willing to bargain a 50-YEAR sentence down to 4-6 months belies claims of their obstinacy and over-zealousness.  In fact, you will not be able to identify a single violation of ethics in this case.

    The proper counter-balance to over-zealous prosecution, where it exists, is a fair judge and an impartial jury.  Activists can also lobbying to modify laws/sentences.   Swartz knew, however, that he stood no chance at winning at trial because the evidence was complete and convincing.  The fact that he chose to avoid the relatively mild consequences he actually faced was his to make, but after already shaming his family to a considerable degree, he chose to compound THEIR consequences and force THEM to suffer even more for acts HE chose to undertake.  What a man.

    "Two things are infinite: the universe and human stupidity, and I am not sure about the universe." -- Albert Einstein

    by Neuroptimalian on Tue Jan 29, 2013 at 01:26:24 PM PST

    [ Parent ]

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