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Attorneys for Aaron Swartz Allege Prosecutorial Misconduct for Withheld Evidence

HeadlineMar 14, 2013

Attorneys for the late Internet freedom activist Aaron Swartz have filed an ethics complaint over his federal prosecution. Swartz took his own life in January, weeks before he was set to go to trial for downloading millions of articles provided by the nonprofit research service JSTOR. He was facing 35 years in prison, a penalty supporters called excessively harsh. In a letter to the Justice Department obtained by The Washington Post, Swartz’s attorney Elliot Peters accuses federal prosecutors of misconduct, saying they withheld exculpatory evidence. An email withheld from Swartz’s attorneys appears to refute prosecutors’ claims they didn’t have enough time to obtain a warrant to search Swartz’s laptop. The letter’s release comes one week after Attorney General Eric Holder publicly defended prosecutors’ conduct, saying their case against Swartz marked “a good use of prosecutorial discretion.”

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