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

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bmaz Then came the last days of May. Dharma is a killer http://t.co/KiiuuRMLvl
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bmaz McIntosh, Klipsch and UFO. Looking for @JasonLeopold http://t.co/Xv58POxDiK
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JimWhiteGNV @kirkmurphy @JohnDingell @tigers It is tonight! Big lead by #Rays in eighth.
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emptywheel @imraansiddiqi I can think of lots of cases that start from an unsolicited tip from someone trolling in chat rooms. Guess who!
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emptywheel @imraansiddiqi But I would bet money he's not the only one of FBI's "experts" that plays that role.
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emptywheel @imraansiddiqi The underlying implications even more so: that he was putting garbage into FBI's hands, then going on the stand to explain it
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emptywheel RT @adamjohnsonNYC: glad we're all realizing the white house petition gimmick was always a PR project for the social media age.
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emptywheel RT @SpyTalker: Does Israeli Spy Jonathan #Pollard Have $1 Million Waiting in a Swiss Bank Account? http://t.co/ZMfEQsgOSG
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emptywheel RT @zackwhittaker: Dear NYPD. See something, say something? Your security certificate isn't trusted, and you're still on Windows XP. http:/…
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emptywheel @PogoWasRight Jamie Dimon probably keeps 1000 busy all by himself.
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emptywheel @nickmanes1 Yick. I was exhausted (redeye) and made a special trip. App name is "tortas fronteras O'Hare, btw" @p2wy
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emptywheel @nickmanes1 @p2wy You guys are so predictable. But, awesome, huh?
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