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 RT @LilianaSegura: "Mindful of the bad name that night raids have, the American military has renamed them 'night operations.'” http://t.co/
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JimWhiteGNV @Pedinska Our dogs don't know the fun they have in store. Older daughter is bringing her dog for a few days at Thanksgiving.
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bmaz Jimmy McCulloch is a very underrated guitar player.
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bmaz What a lousy day of football here in Cactusland. Bleech!
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bmaz I KNOW he is on my side, so I cannot understand how @AllThingsHLS is letting the SeaSquawks kick Arizona's ass like this. #YouCanStopNow
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bmaz On behalf of Cheeseheads everywhere, from the heart of Mr. Rodger's neighborhood, thank you sincerely to the New England Patriots.
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emptywheel @nickmanes1 I jinxed him.
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emptywheel @nickmanes1 A lot of great passes were dropped, even by people who normally catch them.
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emptywheel Vince Wilfork got almost up to sumo weight in his injury year. He'd be damn good at sumo, I bet.
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emptywheel @nickmanes1 Had said if Kitties kept penalties low and Stafford avoided picks they might have a chance. Forgot to say, "catch the ball."
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emptywheel Stafford fucked up the slide.
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emptywheel @matthewstoller Gonna write a post on this.
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