WASHINGTON -- U.S. Attorney Carmen Ortiz on Wednesday defended her office's prosecution of Aaron Swartz as "appropriate," days after the 26-year-old Internet activist took his own life.
Ortiz, the top federal prosecutor in Massachusetts, broke her silence for the first time since Swartz killed himself on Friday. His family and supporters have blamed the government for playing a role in his death, while members of Congress have questioned the Justice Department's aggressive prosecution of Swartz on computer fraud charges.
But Ortiz maintained it was appropriate for prosecutors in the U.S. Attorney's Office for the District of Massachusetts to bring the case. She said her office was prepared to offer a deal that would have put Swartz behind bars in a low-security prison for six months. Ortiz said prosecutors never said they intended to seek the maximum punishment.
"At no time did this office ever seek -- or ever tell Mr. Swartz's attorneys that it intended to seek -- maximum penalties under the law," Ortiz said.
Swartz's lawyer, Elliot Peters, told HuffPost that prosecutors had said they would argue for a sentence of seven years to eight years if Swartz rejected the six-month offer and was convicted at trial.
Ortiz's full statement:
As a parent and a sister, I can only imagine the pain felt by the family and friends of Aaron Swartz, and I want to extend my heartfelt sympathy to everyone who knew and loved this young man. I know that there is little I can say to abate the anger felt by those who believe that this office's prosecution of Mr. Swartz was unwarranted and somehow led to the tragic result of him taking his own life.
I must, however, make clear that this office's conduct was appropriate in bringing and handling this case. The career prosecutors handling this matter took on the difficult task of enforcing a law they had taken an oath to uphold, and did so reasonably. The prosecutors recognized that there was no evidence against Mr. Swartz indicating that he committed his acts for personal financial gain, and they recognized that his conduct -- while a violation of the law -- did not warrant the severe punishments authorized by Congress and called for by the Sentencing Guidelines in appropriate cases. That is why in the discussions with his counsel about a resolution of the case this office sought an appropriate sentence that matched the alleged conduct -- a sentence that we would recommend to the judge of six months in a low security setting. While at the same time, his defense counsel would have been free to recommend a sentence of probation. Ultimately, any sentence imposed would have been up to the judge. At no time did this office ever seek -- or ever tell Mr. Swartz's attorneys that it intended to seek -- maximum penalties under the law.
As federal prosecutors, our mission includes protecting the use of computers and the Internet by enforcing the law as fairly and responsibly as possible. We strive to do our best to fulfill this mission every day.
Related on HuffPost:
Sir Tim Berners Lee, Founder Of The World Wide Web
He <a href="https://twitter.com/timberners_lee/status/290140454211698689">tweeted</a>: “Aaron dead. World wanderers, we have lost a wise elder. Hackers for right, we are one down. Parents all, we have lost a child. Let us weep.”
Quinn Norton, Freelance Journalist And Swartz's Close Friend
"We used to have a fight about how much the internet would grieve if he died. I was right, but the last word you get in as the still living is a hollow thing, trailing off, as it does, into oblivion." Read more <a href="http://www.quinnnorton.com/said/?p=644">here</a>.
Danah Boyd, Social Media Researcher And Swartz's Friend
"What I feel right now is anger. I'm angry at Aaron, angry at the state, angry at MIT, angry at anti-hactivist sentiment & angry at myself." Read Boyd's full statement on Swartz's death <a href="http://www.zephoria.org/thoughts/archives/2013/01/13/aaron-swartz.html">here</a>.
Cory Doctorow, Science Fiction Author And Swartz's Friend
"Whatever problems Aaron was facing, killing himself didn't solve them. Whatever problems Aaron was facing, they will go unsolved forever. If he was lonely, he will never again be embraced by his friends. If he was despairing of the fight, he will never again rally his comrades with brilliant strategies and leadership. If he was sorrowing, he will never again be lifted from it." Read more <a href="http://boingboing.net/2013/01/12/rip-aaron-swartz.html">here</a>.
Swartz Family Statement
“Aaron’s death is not simply a personal tragedy. It is the product of a criminal justice system rife with intimidation and prosecutorial overreach. Decisions made by officials in the Massachusetts U.S. Attorney’s office and at MIT contributed to his death.” Read more <a href="http://rememberaaronsw.tumblr.com/post/40372208044/official-statement-from-the-family-and-partner-of-aaron">here</a>.
Lawrence Lessig, Director Of The Edmond J. Safra Center for Ethics At Harvard University
"The question this government needs to answer is why it was so necessary that Aaron Swartz be labeled a 'felon.' For in the 18 months of negotiations, that was what he was not willing to accept, and so that was the reason he was facing a million-dollar trial in April -- his wealth bled dry, yet unable to appeal openly to us for the financial help he needed to fund his defense, at least without risking the ire of a district court judge. And so as wrong and misguided and fucking sad as this is, I get how the prospect of this fight, defenseless, made it make sense to this brilliant but troubled boy to end it." Read more <a href="http://www.huffingtonpost.com/lawrence-lessig/aaron-swartz-suicide_b_2467079.html">here</a>.
JSTOR, Academic Archive
"We are deeply saddened to hear the news about Aaron Swartz. We extend our heartfelt condolences to Aaron’s family, friends, and everyone who loved, knew, and admired him. He was a truly gifted person who made important contributions to the development of the internet and the web from which we all benefit." Read more <a href="http://about.jstor.org/statement-swartz">here</a>.
L. Rafael Reif, MIT President
"I have asked professor Hal Abelson to lead a thorough analysis of MIT's involvement from the time that we first perceived unusual activity on our network in Fall 2010 up to the present. I have asked that this analysis describe the options MIT had and the decisions MIT made, in order to understand and to learn from the actions MIT took. I will share the report with the MIT community when I receive it." Read more <a href="http://web.mit.edu/newsoffice/2013/letter-on-death-of-aaron-swartz.html">here</a>.
Anonymous, Hacktivist Collective
On Sunday night, one day after Swartz's death, Anonymous knocked out Internet access at MIT, <a href="http://tech.mit.edu/V132/N61/anonymous.html" target="_hplink">according to The Tech</a>, a campus newspaper. Two MIT-affiliated websites were rewritten with the following message from the hacktivist group: "Whether or not the government contributed to his suicide, the government's prosecution of Swartz was a grotesque miscarriage of justice, a distorted and perverse shadow of the justice that Aaron died fighting for - freeing the publicly-funded scientific literature from a publishing system that makes it inaccessible to most of those who paid for it - enabling the collective betterment of the world through the facilitation of sharing - an ideal that we should all support." Read the full text of the hack <a href="http://gizmodo.com/5975646/anonymous-hacks-mit-in-aaron-swartzs-name">here</a>.
Danny O'Brien, Journalist And Swartz's Friend
"Ada [O'Brien's daughter] cried, then we hugged, then Ada suggested we have a goodbye party, with ice-cream and sprinkles and a movie, and make a board where we could pin all our memories. We laughed at how funny he was. Aaron taught her so well." Read more <a href="http://www.oblomovka.com/wp/2013/01/12/he-was-funny/">here</a>. <strong>Correction:</strong> This slide originally reported that Ada was Aaron Swartz's daughter, not Danny O'Brien's. The Huffington Post regrets this error.