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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bmaz Um, @adambonin You did NOT properly tell me about the awesome appearance of Elsbeth Tascioni tonight. @GoodWifeWriters
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bmaz Hey @emptywheel "noodle armed" Peyton Manning was 22 of 16, for 318 yards, 4 touchdowns and zero interceptions in 3 qrtrs. How bad is that?
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emptywheel @tomphilpott But pumpkin-spice has nothing to do with actual pumpkins.
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emptywheel RT @BloombergNews: Here’s a list of break-even points for some of America’s biggest shale-oil regions: http://t.co/7a5fHOAXhI http://t.co/y
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emptywheel .@chrisgeidner Seriously? Not a single "progressive" NGO said they thought banks should be subject to same laws rest of us are? @evanmcsan
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emptywheel @chrisgeidner Progressives are looking for another person who'll immunize bank crimes (and torture and illegal wiretapping)? @evanmcsan
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emptywheel RT @Matt_Cagle: MT @MikeScarcella: Justice Dept. moves to dismiss @ACLU_NorCal suit over database of 'suspicious’ acts http://t.co/JLGI7No
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JimWhiteGNV RT @twolf10: To honor Peyton Manning's TD record, Papa John's will be cutting benefits to 50% of its employees.
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emptywheel RT @twolf10: To honor Peyton Manning's TD record, Papa John's will be cutting benefits to 50% of its employees.
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emptywheel RT @sluggahjells: BREAKING: Eli Manning still has more Super Bowl rings than Peyton Manning. #PoorlyMadeTweets
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emptywheel Dock the Broncos 14 points bc announcer actually said, "Congratulated your QB."
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emptywheel @lisapease Those 2 OLC memos are extant: Exec doesn't have to follow 12333. @TimothyS
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