John Cornyn Asks Eric Holder if Aaron Swartz Prosecuted because of FOIA Requests

John Cornyn just sent a letter to Eric Holder asking a series of questions about the Aaron Swartz prosecution. (h/t Julian Sanchez) Many of them are utterly appropriate coming from a member of the Senate Judiciary Committee: why Carmen Ortiz said the prosecution was “appropriate,” whether DOJ’s prior investigations, plural, of Swartz had had an influence on their conduct, why Ortiz filed the superseding indictment. Kudos to Cornyn for conducting oversight, as intended.

But here’s a question I didn’t expect, the second of seven questions.

Second, was the prosecution of Mr. Swartz in any way retaliation for his exercise of his rights as a citizen under the Freedom of Information Act? If so, I recommend that you refer the matter immediately to the Inspector General.

It’s one thing to ask whether Swartz was targeted–and he appears to have been–for his advocacy on Open Access and Internet freedom.

But to ask whether this was retaliation for his use of FOIA? As far as I know, only Jason Leopold and I have even looked at his FOIAs in relation to his prosecution, and only for insight onto how he responded to it.

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Emptywheel Twitterverse
emptywheel @sbagen I keep waiting for someone to sue Senate Press Gallery as their standards are very arbitrary. @SCOTUSblog would make perfect case.
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emptywheel It's ironic that CIA boasting abt disseminating censored docs as 9/11 trial grinds to a halt over censored shitty doc http://t.co/ilNVAkp3w6
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emptywheel Dangerous Censored Documents, in Soviet Russia and War on Terror America http://t.co/ilNVAkp3w6
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emptywheel @khanserai Dunno. I think self-interested and often deceptive leaking is reflexive for FBI. It's like breathing to them. @onekade
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emptywheel @khanserai Precisely. They can say whatever they want to NBC, and NBC won't question why that's possible. W/DOJ it'd be risky. @onekade
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emptywheel RT @onekade: FBI refused to cooperate with the House Homeland Security Committee investigation and stonewalled the DOJ IG, but spoke to Dat…
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emptywheel @ashk4n Which means the govt may use this ruling to get around the metadata-as-content problem that has been dogging them since 2004.
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emptywheel RT @ashk4n: From an engineering perspective: the outside IP headers are 'signaling/routing info' and the inside protocol-specific headers a…
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emptywheel RT @ashk4n: Most confusing re Lavabit: PR/TT is for "signaling/addr info" but gov wants to decrypt payload to get email headers http://t.co
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emptywheel RT @MarkAdomanis: Odd that many who panicked a/b Snowden's revelations are demanding we give the Russians a detailed look at our surveilanc…
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JimWhiteGNV Grumpy surveillance apologists are STILL grumpy.
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emptywheel RT @ashk4n: Fed appeals court affirms Lavabit district decision: providing SSL keys in 4-point font is in contempt http://t.co/u0LDsGyV8L #…
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