[ErrantX]

I think it's fairly clear, based on his long held views of computer fraud laws, that the second part of this will conclude something like: the charges were fair and justified in law, but the proposed punishment (both its severity and scale) were disproportionate, as was the DOJ handling of the case.

Which I think is correct.

[hobbyhacker]

This still side-steps the question of the use of discretionary powers in deciding to prosecute this case in the first place.