In a letter written to the Department Of Justice’s Office of Professional Responsibility, Aaron Swartz’s attorneys, Elliot Peters and Daniel Purcell, allege that U.S Prosecutor Steve Heymann engaged in professional misconduct. Swartz’s lawyers allege that Heymann did not follow proper procedure in turning over evidence and securing a warrant.
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.
In an email that was not provided to the defense team until the last minute, Michael Picket, a Secret Service agent, wrote to Heymann on Jan. 7, “I am prepared to take custody of the laptop anytime after it has been processed for prints or whenever you feel is appropriate. As far as I know no one has sought a warrant for the examination of the computer, the cell phone that was on his person or the 8gb flash drive that was in his backpack.” It would be more than a month before Heymann obtained a warrant -– far too long, in Peters’ estimation, which means that the evidence found on the laptop could have become inadmissible.
Heymann has already been under scrutiny for egregious conduct during the Swartz affair. Aaron Swartz’s parents cited an overly aggressive prosecution as contributing to their son’s death. Charges seemingly confirmed by Quinn Norton who was a witness in the Grand Jury hearing against Swartz. Norton alleged that Heymann was uninterested in the facts of the case and more interested in finding a way to bring Aaron Swartz down.
Swartz’s partner, Taren Stinebrickner-Kauffman, also made similar allegations against Steve Heymann specifically.
Though JSTOR settled with Swartz in 2011, federal prosecutors continued to aggressively pursue the case, notably Assistant U.S. Attorney Stephen Heymann in Boston. He was “hellbent on destroying Aaron’s life,” Swartz’s partner Taren Stinebrickner-Kauffman said at last night’s memorial. She remembered how, during one court hearing, she tried hugging Swartz but he rebuffed her, saying: “I don’t want to show Steve Heymann that.” She added that “[Swartz] just couldn’t take it another day. The U.S. attorney’s office in Massachusetts must be held accountable.”
So far no one has been held accountable. In fact, Attorney General Holder has now publicly supported the Swartz prosecution, defending Heymann’s conduct as a “good use of prosecutorial discretion.” Given Holder’s own numerous failings and possible lawbreaking perhaps he views professional misconduct as good prosecutorial discretion.





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NO law should apply to servants of the wealthy class if broken doing their bidding. Following the law; like paying taxes, is for the masses not the chosen ones.
Crooked prosecutor????? You could knock me over with a feather./s
Our little “experiment in democracy” is going WAAAAY wrong.
Tom, George, John, James…..we beg your fogiveness and ask you send us a redeemer. SOON.
What?
It couldn’t hurt.
If Jesus himself comes back he would be joining the hunger strike in Guantanamo pretty quickly don’t cha think?
I do. And, as Easter is fast approaching……..
The persecutors of Aaron Swartz can only imagine the pain felt by the family. But it was an easy kill for the government.
These “soft” assassins will be rewarded with a Big Bonus, even with the Sequester. They want the rest of us to be afraid.
Banksters, mortgage fraudsters, money launderers, corrupt war contractors, are laughing because they are so BIG. Eric Holder and Carmen Ortiz are laughing because they are so small. Impeach Holder.
I dunno. Remember the story about the moneylenders temple?
Boxturtle (Sir, this longhaired bearded dude just tossed the entire camp into the sea!)
Thanks for the unsurprising, but worthwhile knowing, update.
I still have some friends – who are very well aware of this situation – who insist that “Schwartz had massive problems, so that’s why he killed himself; it had nothing to do with the government.”
Nice to sleep so well at night… as long at the brown shirts aren’t coming after YOU.
Why? Holder is doing exactly what Obama tells him to do and his replacement will do exactly what Obama tells him to do.
Boxturtle (Rahm left. His replacement does exactly what Obama tells him to do)
You sure it wasn’t Castro :)
I can’t think of anything more evil than trying to distribute scholarly papers for free.
I realize that you know this, but for the sake of whatever: Schwartz is an EXAMPLE. Here’s what’ll happen to YOU should wish to strike a blow against the Empire. Be afraid. Be VERY AFRAID… blah blah…
Your pejoratives are missing:
And he was dressed like a mid-easterner! He was screaming for God’s vengeance in a foreign language, sounded like Arabic! Send the marines!!!!
Boxturtle (Arabic, Aramaic, what’s the difference?)
Why is Eric Holder still Attorney General? Nevermind. Abu Gonzales stuck around until very near the end of Bush’s term and there was never any accountability there either.
Because he’s doing exactly what Obama wants him to do!
Boxturtle (Amazing how many questions that answers!)
ROTFLMAO!! Yeah, no accountability for war crimes, torture, stealing people’s homes, lying, cheating… But don’t you *dare* distribute scholarly journal articles to the public.
Yeah, I get it. But… I see a minimum requirement of the job of AG of the US to be corruption free. Silly me.
Really,the sequence of events leading to Swartz’ death needs to be reviewed carefully–there is clearly a piece missing. Despite Heymann’s failure to initially turn over the exculpatory evidence, Swartz’ defense team had the information in its possession by November 2012 (following the timeline in the linked letter). A judge had agreed to the defense request for a hearing as to the admissibility of the disputed evidence,scheduled for January 25, 2013.
The defense had a strong argument that because of the delay in obtaining the warrant, the evidence in Swartz’ computer and hard drive was inadmissible. Had Swartz won his argument at this hearing, the prosecution’s case would have collapsed. Thus, Swartz’ case was far from hopeless on the day he ended his life in mid-January (I believe January 14). Despite the hardships he had been put through by the prosecution, his legal situation was actually more hopeful at that point than it had been previously. So why, then, did he choose to end his life at this point?
I am under the impression that a deal for a plea agreement had collapsed just prior to the suicide. The prosecutors were insisting on jail time.
But please continue following this story and asking questions, that’s how we are going to get to the bottom of this.
Was Nixon’s attorney general Mitchell any worse? The US attorneys have become a secular inquisition which reads a Malleus Maleficarum for the 21st Century.
I’m glad the lawyers filed the letter. I’m wondering is there is any other action that can be taken against Heymann and/or the US Atty office in Boston.
Sounds like, since two different organizations (SS and US Atty office) were pursuing Aaron, they had trouble keeping their investigations in synch. It still creeps me out that the SS was so involved, perhaps driving the case. Who was driving the SS? To waste taxpayer resources in such an elite agency like the SS on the minor offenses and doings of Aaron Swartz is ridiculous. It really says something about how paranoid the feds have become (not all, FBI didn’t even find it worthy of pursuing, IIRC) and I really wonder who, specifically, is driving things like this. They should lose their jobs, IMHO. Meanwhile, the bank criminals, torture criminals and other war criminals thrive.
But such paranoia about activists and protesters who are harmless to the public. Seriously, who are these people who sit in their offices every day and single out young activists like Aaron? Specifically, who are these people in the shadows? Secret Service also gets involved in banking crimes, right? Why are they not investigating and urging prosecution of banks that launder money for drug cartels and provide funding for terrorism organizations? This stuff is all coming to a head now. There are some powerful people organizing around that. But no doubt, they will never hold any of the shadowy law enforcement figures spending untold amounts of taxpayer $ on dissident paranoia. Will any of these guys (or the people driving them) lose their jobs? How far up does it go?
Holder… the man is such a puppet. Yes, I wonder, as DSWright implies, what IS his idea of prosecutorial misconduct, since his dept. seems to be engaged in it every single day.
Prosecuting a 1%er.
May I quote boxturtle?
( HSBC )
With or without the permission of the respective authors?
Yes, but, in 2008, Obama ran on change and hope.
In 2012, he ran only on “forward,” whatever the hell that was supposed to mean. I guess it was a promise not to put the world into a time machine?
x 2
Yes, rise up, revolt. I can’t stand the crap they put him through.