Showing posts with label Carmen Ortiz. Show all posts
Showing posts with label Carmen Ortiz. Show all posts

Jan 23, 2013

Christian Stork: Aaron Swartz' Prosecutors Employ Outrageous Bullying Tactics as SOP

Update III: From Bradley Manning to Aaron Swartz -- The Government's Inhumane Persecution of Brave Truth Tellers

Update II: Anonymous Takes Over Sentencing Commission Website

Update: "In my view, the Aaron Swartz prosecution is very typical of the Justice Department's policy of going after people in such a big way that the point is not necessarily to prosecute them, but it is to destroy them personally." See John Kiriakou Hopes Aaron Swartz's Death Sparks Discussion of Prosecutorial Overreach.

Christian Stork has a great follow-up on the Aaron Swartz suicide following the crusade against him by the local US attorney's office.

The US attorney in question, Carmen Ortiz, likely is no fan of Robert H. Jackson, who warned against this type of abuse of process by US attorneys in a famous address in 1940.

"Any prosecutor who risks his day-to-day professional name for fair dealing to build up statistics of success has a perverted sense of practical values, as well as defects of character. Whether one seeks promotion to a judgeship, as many prosecutors rightly do, or whether he returns to private practice, he can have no better asset than to have his profession recognize that his attitude toward those who feel his power has been dispassionate, reasonable and just," said Attorney General Robert H. Jackson, April 1, 1940.

Ortiz is a politically ambitious hack; using the power of office with no apparent conception for the consequences other than her own advancement.

Jan 17, 2013

Holding Prosecutors Accountable in Killing of Aaron Swartz

Update: US Atty Ortiz issues statement. Turley: "the statement is at best misleading and at worse intentionally deceptive."

"There's a reason former Senator Russ Feingold is a college professor whereas former Senator Chris Dodd is now a multi-millionaire. There's a reason DOJ officials do not go after bankers who illegally foreclose, and then get jobs as partners in white collar criminal defense. There's a reason no one has been held accountable for decisions leading to the financial crisis, or the war in Iraq." - Matt Stoller
When prosecutors become overzelaous careerists or corrupt partisans, injustice follows. Most prosecutors are careerists or corrupt partisans.

In Wisconsin, who can forget Bush-Cheney-Rove's US Attorney Steven Biskupic and his reign of terror against innocent defendants?

Well, most everyone.

Our country buries corruption, especially in the judicial branch of govenment where ignorance pervades the American political culture.

Now, we have a moment that can shake the political system.

After being literally 'hounded' to death by the US Attorney's office, 26-year-old Aaron Swartz' suicide should spell the end of the careers of prosecutors—Masachusetts' U.S. attorney Carmen Ortiz and assistant US attorney Stephen Heymann—who are guilty of killing this brilliant young man who worked for free to better our society. But let's be clear: The US government killed Aaron Swartz.

And this death ought to shine a light on what is routine: Use of the prosecutors' office for political retribution and careerism, justice be damned. "The more savage the penalties prosecutors can threaten, the more likely the defendant (guilty or innocent) is to speed things along by pleading guilty and accepting a light penalty," writes Clive Crook in The Atlantic.

Notes Scott Horton in Harper's Magazine. "A petition has now been launched requesting that President Obama remove U.S. Attorney Carmen Ortiz over her actions in the Swartz case."

There is in this tragic injustice a window for some manner of reflection, and some measure of reform on the what prosecutors are doing to our families.

Ortiz and assistant US attorney Heymann, for their part, should be banned from the legal profession and face disgrace.

Writes Glenn Greenwald:

 [I]t is imperative that there be serious investigations about what took place here and meaningful consequences for this prosecutorial abuse, at least including firing. It is equally crucial that there be reform of the criminal laws and practices that enable this to take place in so many other cases and contexts. ...

This is not just prosecutorial abuse. It's broader than that. It's all part and parcel of the exploitation of law and the justice system to entrench those in power and shield themselves from meaningful dissent and challenge by making everyone petrified of the consequences of doing anything other than meekly submitting to the status quo. As another of Swartz's friends, Matt Stoller, wrote in an equally compelling essay:

What killed him was corruption. Corruption isn't just people profiting from betraying the public interest. It's also people being punished for upholding the public interest. In our institutions of power, when you do the right thing and challenge abusive power, you end up destroying a job prospect, an economic opportunity, a political or social connection, or an opportunity for media. Or if you are truly dangerous and brilliantly subversive, as Aaron was, you are bankrupted and destroyed. There's a reason whistleblowers get fired. There's a reason Bradley Manning is in jail. There's a reason the only CIA official who has gone to jail for torture is the person – John Kiriakou - who told the world it was going on. There's a reason those who destroyed the financial system 'dine at the White House', as Lawrence Lessig put it.

There's a reason former Senator Russ Feingold is a college professor whereas former Senator Chris Dodd is now a multi-millionaire. There's a reason DOJ officials do not go after bankers who illegally foreclose, and then get jobs as partners in white collar criminal defense. There's a reason no one has been held accountable for decisions leading to the financial crisis, or the war in Iraq.

This reason is the modern ethic in American society that defines success as climbing up the ladder, consequences be damned. Corrupt self-interest, when it goes systemwide, demands that it protect rentiers from people like Aaron, that it intimidate, co-opt, humiliate, fire, destroy, and/or bankrupt those who stand for justice.
In most of what I've written and spoken about over the past several years, this is probably the overarching point: the abuse of state power, the systematic violation of civil liberties, is about creating a Climate of Fear, one that is geared toward entrenching the power and position of elites by intimidating the rest of society from meaningful challenges and dissent. There is a particular overzealousness when it comes to internet activism because the internet is one of the few weapons - perhaps the only one - that can be effectively harnessed to galvanize movements and challenge the prevailing order. That's why so much effort is devoted to destroying the ability to use it anonymously - the Surveillance State - and why there is so much effort to punishing as virtual Terrorists anyone like Swartz who uses it for political activism or dissent.

The law and prosecutorial power should not be abused to crush and destroy those who commit the "crime" of engaging in activism and dissent against the acts of elites. Nobody contests the propriety of charging Swartz with some crime for what he did. Civil disobedience is supposed to have consequences. The issue is that he was punished completely out of proportion to what he did, for ends that have nothing to do with the proper administration of justice. That has consequences far beyond his case, and simply cannot be tolerated.

Jan 14, 2013

U.S. Atty Drives Brilliant Net Freedom Activist to Suicide

Update II: See Freedom to Connect: Aaron Swartz (1986-2013) on Victory to Save Open Internet; Fight Online Censors; and

Update: An Open Letter to Aaron Swartz's Prosecutor: 'His Supporters Find You Guilty.'

'This sort of unrestrained prosecutorial abuse is, unfortunately, far from uncommon. It usually destroys people without attention or notice'

Here we have yet another example of a U.S. attorney, Carmen Ortiz, playing with the power of this office with the all the thought of a loose cannon.

Now, Aaron Swartz is dead.

One crime in which both major American political parties do share equal blame is the indiscriminate use of the prosecutor's office (local and national) in creating what Glenn C. Loury terms the current American prison system which has become "a leviathan unmatched in human history."

Some years ago, back in the Bush-Cheney years, a UW-Madison professor told me most US attorneys and district attorneys ought to be sentenced to reading the great American jurist, Robert H. Jackson, and his work on prosecutorial discretion.

Here is the petition to President Obama to remove United States District Attorney Carmen Ortiz from office for overreach in the case of Aaron Swartz.

Ortiz, United States Attorney for the District of Massachusetts, threw the book at Swartz for downloading academic articles from a for-profit outfit called JSTOR ["an online publishing company that digitizes and distributes scholarly articles written by academics and then sells them," (Greenwald)]. That's it.

Swartz was an authorized user of JSTOR because he was a Harvard fellow.

JSTOR asked the US atty's office not to prosecute.

So, in rides U.S. attorney Carmen Ortiz anyway with a ridiculous indictment against a former prodigy intent on helping the world.

"For Aaron Swartz, the act of sharing was a 'moral imperative.' In his Guerilla Open Access Manifesto, released to the Web in July 2008, he specifically targeted the 'world’s entire scientific and cultural heritage,' which he said 'is increasingly being digitized and locked up by a handful of private corporations.' Swartz called for those with access to such knowledge to make it available to others,' writes Andrew Leonard in Salon.

Glenn Greenwald has more details on the repulsive affair.

But in July 2011, Swartz was arrested for allegedly targeting JSTOR, the online publishing company that digitizes and distributes scholarly articles written by academics and then sells them, often at a high price, to subscribers. As Maria Bustillos detailed, none of the money goes to the actual writers (usually professors) who wrote the scholarly articles - they are usually not paid for writing them - but instead goes to the publishers.

This system offended Swartz (and many other free-data activists) for two reasons: it charged large fees for access to these articles but did not compensate the authors, and worse, it ensured that huge numbers of people are denied access to the scholarship produced by America's colleges and universities. The indictment filed against Swartz alleged that he used his access as a Harvard fellow to the JSTOR system to download millions of articles with the intent to distribute them online for free; when he was detected and his access was cut off, the indictment claims he then trespassed into an MIT computer-wiring closet in order to physically download the data directly onto his laptop.

Swartz never distributed any of these downloaded articles. He never intended to profit even a single penny from anything he did, and never did profit in any way. He had every right to download the articles as an authorized JSTOR user; at worst, he intended to violate the company's "terms of service" by making the articles available to the public. Once arrested, he returned all copies of everything he downloaded and vowed not to use them. JSTOR told federal prosecutors that it had no intent to see him prosecuted, though MIT remained ambiguous about its wishes.

But federal prosecutors ignored the wishes of the alleged "victims". Led by a federal prosecutor in Boston notorious for her overzealous prosecutions, the DOJ threw the book at him, charging Swartz with multiple felonies which carried a total sentence of several decades in prison and $1 million in fines. ...

I always found it genuinely inspiring to watch Swartz exude this courage and commitment at such a young age. His death had better prompt some serious examination of the DOJ's behavior - both in his case and its warped administration of justice generally. But his death will also hopefully strengthen the inspirational effects of thinking about and understanding the extraordinary acts he undertook in his short life. ... From the official statement of Swartz's family: "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 US Attorney's office and at MIT contributed to his death. The US Attorney's office pursued an exceptionally harsh array of charges, carrying potentially over 30 years in prison, to punish an alleged crime that had no victims. Meanwhile, unlike JSTOR, MIT refused to stand up for Aaron and its own community's most cherished principles."

This sort of unrestrained prosecutorial abuse is, unfortunately, far from uncommon. It usually destroys people without attention or notice. Let's hope - and work to ensure that - the attention generated by Swartz's case prompts some movement toward accountability and reform.