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by tptacek 4895 days ago
I do not see many lawyers on HN defending Carmen Ortiz. Additionally, gotta remember that part of the problem with the Ortiz witch hunt is that Ortiz isn't the most important target. Stephen Heymann, who managed the day-to-day of the trial, isn't just a very senior prosecutor; he's also a national authority on the prosecution of computer crimes.

Moreover, outside HN, I see widespread condemnation of the behavior of the US Attorney's office in Boston. See this story:

http://news.ycombinator.com/item?id=5064128

Jennifer Granick has defended federal computer crimes cases in Boston and goes farther than questioning the behavior of the prosecution, but actually comes out and says that she believes that particular prosecutor's office has a reputation for immorality.

3 comments

I agree that Stephen Heymann played a more direct role. However, Carmen Ortiz was his boss and therefore responsible for the work of her employees, and her firing will also have beneficial effects.

First, her sacking will make every other US Attorney in the country take a very close look at the actions of their subordinates. If Heymann goes but Ortiz stays, I'm not sure the rest of them will sweat nearly as much.

Second, Ortiz's firing should still sink Heymann's career as a prosecutor - if his actions get his boss sacked, I can't imagine the next political appointee to supervise him will give him much leash.

Well, may they both be fired.

Disbarring Heymann for misconduct would effectively end his career in law. That's probably the most that could happen to him (aside from SEO following his name for the rest of his life as an incredibly douchey scumbag).
WRT Ortiz vs Heymann: Ortiz has publicly made comments supporting the prosecution of Aaron Swartz, so it's not true that this is a case of the head not knowing what the hands are doing.

Also, I believe---but correct me if I'm wrong---that Heymann is a civil servant and not a politician like Ortiz. He therefore doesn't serve "at the pleasure of the President" and would be more difficult to dismiss.

But I sorta served in the civil service for a little while in that I had a student worker position at the State of Illinois while I was in college. And one thing I know about the bureaucracy is that they are terrified of politics. They know that they can do things that get their boss sacked, and if they do, their career is over. They won't be fired outright, but they will end up sitting at a desk in the copy room.

So the reality is that if Ortiz is sacked, Heymann will be kryptonite in the DAs office, expect him to resign within six months if he has any dignity at all.

I think you're right. Ortiz position is based on her reputation, while Heymann reputation is based on his position. Meaning for the greatest effect you would remove Ortiz reputation (i.e. stopping any attempt for a political campaign) and get Heymann removed from his position (i.e. demoted).