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Was prosecuted by the US attorney's office in Massachusetts for.
Allegedly Brady breaking into the computer networks at MIT.
And downloading without authorization.
Thousands of academic articles from.
-- -- subscription service.
He was charged with.
Crimes that would have carried a penalty of up to 35 years in prison and million dollar fine.
A superseding indictment which was actions filed -- up both of prison time and fines.
-- -- -- -- wrote a letter asking about that prosecution and raising questions of prosecutorial.
Zeal and I would say even misconduct.
Have you looked into that particular matter and reached any conclusions.
Yeah a little little first -- mr.
Schwartz his death was a tragedy -- my sympathy goes out his family.
And was friends those who.
Will close to limits and it's a terrible loss was obviously very bright young man and -- I think a good future in front of them.
As I've talked to people would look into this matter these news reports about what he was actually facing.
Is not consistent with what the interaction was between the government and mr.
And offer a plea offer was -- to him of three months before the -- This case could have been resolved with a plea of three months after he the indictment and offer was made to keep it clean and serve four months.
Even after that.
A plea offer was made of -- range from zero to six months that he would be able to argued for a probationary sentence the government would be able to argue for up to a period of six months there was never an intention.
For him to go to jail for longer -- -- been in the 34.
Potentially five -- race that was what the government said specifically to.
Those offers were rejected.
And he committed committed suicide per heated.
This subscription service did support the prosecution.
Does it strike you odd that the government would go.
Indict someone for crimes.
That would carry penalties of up to 35 years in prison and million dollar fines and then -- from -- three or four month prison sentence.
Well I think.
And a good use of prosecutorial discretion to look at -- conduct.
Regardless of what the statutory maximum -- and to fashion a sentence that was consistent with what the nature of the conduct was and I think that what those prosecutors did.
In offering 340.
Was consistent with with their conduct don't consider this case -- prosecutorial.
Reach for misconduct.
No I don't look at what necessarily was charged as much as what was offered in terms of how the -- might have been resolved.
Well -- would suggest to you if Europe.
Individual American citizen.
And you're looking at.
-- criminal charges being brought by the United States government with all of these vast resources available to government.
It strikes me is.
And one that is basically.
Being used and appropriately to try to bully.
Someone into pleading guilty to something that strikes me as rather.
But I would appreciate it if you would do.
Would respond in my -- writing.
Dated January 18 but no senator Grassley and most of the number of other letters that.
-- -- not responded to with a few.
Commit to respond to that letter and entering the questions right.
We will get response is that letter I think the letter will probably encapsulate what I did just that in terms of what how we how we view the case.
And how we thought it could be appropriately resolve -- I want to make sure you.
Doesn't that referral.
Investigation in the matter and not just speaking off the cuff.
-- not off the cuff was on Africa.
So you have done a thorough investigation of this matter.
But I think a good examination of has been done the -- we talked to the US turning once was talk to and people in the department.
Were responsible for that those inquiries.
Well the reason -- -- the results sceptical was because of course you're well aware with the prosecution senator Ted Stephens and you yourself.
Decided that the prosecutors in that case over reached.
Withheld information that would have -- and exculpatory.
That should have been divulged under the rules of ethics.
And I'm concerned it not that.
That average citizens.
If you can call them that like Eric Schwartz people who don't have status or power perhaps in dealing with the federal government.
And obviously you we've seen even members of the United States senate like Ted Stevens have been.
On the receiving end of prosecutorial misconduct and that was a conclusion -- reached in that case -- Well yeah I mean I think that -- -- The level what we did it actually succeed -- case was not consistent with the high standards that I expect of people who work in the Justice Department I think it's also an example.
And as as well as the numbers that I shared with you with who are too mr.
-- -- case.
-- how this department conducts itself and we are we make mistakes what we do to try to correct them as long as -- attorney general.
And as long as this information is brought to my attention I will not hesitate to do what I did for instance -- Stevens -- And art -- -- respect that unfortunately.
And both cases of both of these men are dead.
And it's hard to make -- components to someone after -- -- --
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