[tptacek]

I take your point, but I'd like to point out that it's a side track. It gives the impression that you don't want to talk about whether a crime happened, and instead focus on the purported injustice of federal involvement. Well, what's unjust about that? That the DoJ and federal court system is more severe than Massachusetts?

[sciurus]

It's not a side track to point out that he should be charged with one set of crimes by the state government, but that he is instead being charged with a different set of crimes (Wire Fraud, Computer Fraud, Unlawfully Obtaining Information from a Protected Computer, Recklessly Damaging a Protected Computer) by the federal government.

[tptacek]

You think MA doesn't have computer crime statutes? The subtext to this thread seems to be "if they charged him locally they'd only be able to get him on trespassing". Uh, no.

[timsally]

There is a difference with charging him locally though (in my mind). The attorneys that would prosecute Aaron in MA were hired by a left government accountable to a fairly liberal population. Those prosecuting Schwartz federally were hired by a government that leans slightly to the right. I honestly think that makes a difference in the outcome of this particular case, given the nature of the crimes. Also when we consider Aaron's personal history, I think it's safe to say he has fairly influential friends in MA and possibly some enemies on the federal level.

All of this is pure conjecture and speculation of course. But I would be lying if I said I wouldn't be more comfortable about the situation if Aaron was being tried by the MA government.

[tptacek]

I see what you're coming from but I don't really buy it. I think the difference between federal and state is strictness and deliberation, not right vs. left.

The state criminal justice systems are deluged by drug violence and domestic violence and are largely reactive (I write while missing the court date for my mugger's prosecution, due to a sick daughter).

The federal system is more deliberate (word chosen carefully) and somewhat less reactive. It has more discretion about what cases to chase down. It's probably more inclined to keep its teeth sunk into anything it starts too.

The same political environment that appointed this prosecutor also appointed the prosecutor that took down Scooter Libby.

[timsally]

Re: left vs. right and deliberation: that seems reasonable. Also sorry about the mugging. :( Still though, that doesn't address the advantage Aaron has in MA in terms of friends and enemies. And as far as public support is concerned, you can be sure that a good number of the people that support Aaron have ties to MA or Cambridge. When we talking about a couple thousand people, that goes a lot farther on the local level than on the federal level I think. A speech by a group of MIT and Harvard professors for example might make a difference in MA but surly doesn't have that big of an impact nationally. Perhaps I am seeing differences where there are none though. ^^

[tptacek]

The mugging was almost fun. Makes for a great story.

[sp332]

Again, the state would only have bothered to get involved if MIT had bothered to press charges, which apparently they didn't. And all the stuff you mentioned happened across state lines, so if the case for those things is to be made at all, it should be made in federal court.

[_delirium]

Well, he probably wouldn't be charged with the state crime in most states, if MIT's claim that they aren't supporting the prosecution is accurate--- it's very rare for these kinds of state-law charges involving property (trespassing, breaking&entering, etc.) to get prosecuted if the victim isn't interested in pressing charges. Federal prosecutors seem to take a more freelance approach to charging.

[sp332]

Hm, sorry if I gave that impression. Anyway, I'm more curious about why the feds are continuing with the case after everyone involved seems to have dropped it. Should be an interesting case to watch.

[burgerbrain]

It is, at the very least, more expensive.