Rep. Darrell Issa (R-Calif.), chairman of the House Oversight and Government Reform committee, and ranking minority leader Elijah Cummings (D-Maryland) wrote in their Jan. 28 letter that it appeared that prosecutors had intentionally bulked up the felony counts against Swartz in order to increase the amount of time in prison he would face.
On July 14, 2011, federal prosecutors charged Swartz with four felony counts, including wire fraud, computer fraud, theft of information from a computer and recklessly damaging a computer. Then on Sept. 12, 2012, prosecutors filed a superseding indictment with thirteen felony counts.
“It appears that prosecutors increased the felony counts by providing specific dates for each action, turning each marked date into its own felony charge, and significantly increasing Mr. Swartz’s maximum criminal exposure to up to 50 years imprisonment and $1 million in fines,” thelawmakers wrote in their letter(.pdf). […]
In addition to wanting to know what influenced the Justice Department’s decision to prosecute and whether Swartz’s advocacy work played a role in that decision, the lawmakers want the Justice Department to tell them why the superseding indictment was necessary after Swartz had already been charged. They also want to know how the criminal charges and plea offer compared to those in other cases brought under the Computer Fraud and Abuse Act, under which Swartz was charged.
Reps. Cummings and Issa, odd political bedfellows at a glance, brought together by the case of deceased internet pioneer Aaron Swartz. We’re curious to see where this goes.
The investigation was launched by the DOJ’s Inspector General’s office, which recommended that the Justice Department consider disciplining the 14 agents named. Holder said today that the report would be reviewed with “consideration of potential personnel actions.”
During an appearance on “Fox News Sunday,” host Chris Wallace asked Issa whether he had “any evidence” that the White House had been involved with the matter.
“No, we don’t,” Issa said.
The Justice Department’s Bureau of Alcohol, Tobacco and Firearms apparently allowed some gun sales in Arizona to known Mexican criminals. Two of the guns involved were found at the scene of a firefight in which U.S. Customs Agent Brian Terry was killed.
In February 2011, DOJ sent a letter to Congress denying such sales, but retracted that claim in December. It is not clear if either Attorney General Eric Holder or President Barack Obama were aware of the program, and Issa acknowledged Sunday that he has not found evidence Holder was involved.
“I did not say that Eric Holder always knew,” Issa said.
Issa previously suggested at a National Rifle Association conference that the Obama administration attempted to stir up controversy with Fast and Furious in an effort to push an assault rifle ban. This is despite the fact that the Bush administration, which opposed gun control, used similar programs.
Eric Holder facing contempt resolution: With the ongoing “Fast and Furious” gun-trafficking saga reaching a head in Congress, Holder will likely face a contempt resolution from the the House Committee on Oversight and Government Reform — the one led by Rep. Darrell Issa, one of the harshest “Fast and Furious” critics. Holder knows what’s coming — he sent a letter to Obama asking the president to claim executive privilege on the documents in the case, which the president granted (though the committee hasn’t received). Problem is, the committee is still moving forward — in particular, Issa won’t back down. Sweat, meet brow. (photo by Ryan J. Reilly) source
In describing the results of the Justice Department’s refusal to cooperate — including the hardships the family of a fallen Border Patrol agent have faced in seeking the truth, and retaliation against agents who blew the whistle on gun-walking — this briefing paper provides the facts, on which decisions will be made.
A sample from the briefing paper Issa’s office released: “‘Operation Fast and Furious’ outrageous tactics, the Justice Department’s refusal to fully cooperate with the investigation, and efforts to smear and retaliate against whistleblowers have tainted the institutional integrity of the Justice Department.” Issa has been harping on this issue for months.
» A key house figure also wants an investigation: California Republican Rep. Darrell Issa, the head of the powerful House Oversight and Government Reform Committee, thinks that more agents than the 11 implicated were involved. “We think the number might be higher, and we’re asking for the exact amount of all the people who, quote, were involved,” he said on CBS’ “Face the Nation.” Issa says he want to ensure that systems are in place to prevent situations like this in the future, which he suggested he could lead to blackmail.
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While I remain concerned about Senate action on the Protect IP Act, I am confident that flawed legislation will not be taken up by this House.Rep. Darrell Issa • Speaking about the proposed shelving of SOPA in the House, which is a big victory for opponents of the legislation. However, the Senate will continue to vote on the similar PROTECT-IP legislation on January 24, which Senate Majority Leader Harry Reid asked for a vote on. Even as the bill has been shelved in the House, don’t view this as an endgame for the legislation: ”You can’t view this bill in isolation; it’s part of a continuum,” Public Knowledge’s director, Art Brodsky, warns. “They will try to muddle through with something.” (By the way, if you haven’t already seen it, Chris Hayes’ lengthy roundtable discussion on SOPA, which included NBC Universal’s Richard Cotton and Reddit’s Alexis Ohanian, is a must-watch for its fairly objective handling of the issue.)
People upset with the Stop Online Piracy Act have a small reason to cheer this morning. The anti-piracy bill, which many Internet users feel could have a chilling effect on the Web, got tabled until early next year, giving a brief respite and an opportunity for alternative bills (such as Rep. Darrell Issa’s OPEN act) to gain footing. Being a creative bunch, many users have taken to design tricks, boycotts, even music to protest what they feel is a dangerous bill. Here are just a few examples of SOPA protests online:
The Tomb of the Unknown is one of our nation’s most hallowed places, guarded around the clock — regardless of weather — every day of the year. We owe this spirit of reverence not only to the unknown service members entombed at Arlington, but to all those who wear the uniform to protect and defend our freedom.A joint statement from Reps. Elijah Cummings (D-Md.) and Darrell Issa (R-Calif.) • Discussing a Washington Post scoop from the other day, in which reporters found that the remains of hundreds of soldiers taken from the Dover Air Force Base got put in a landfill, because, that, clearly, is the most respectful way to deal with the remains of soldiers who died in the line of duty. The count at this point is 274 soldiers. Cummings and Issa, the top members of the House Oversight and Government Reform Committee, have promised a deeper investigation — they plan to look at all military burial practices over the past decade, beyond just Dover. source (via • follow)
I’m moving back to New York in a few days. Unlike past...
OMG. I got so...
In this week’s Newsweek, a little...
Tumblr this morning. [h/t anne]
#@#$%!.tumblr.com
Here’s a hidden feature that shipped in...
Watch: PCB gets a visual shout out on GMA’s Yahoo/Tumblr...
Clearly, he knew when he said he didn’t know. Now the question is what did he know and how is he going to explain why he gave that answer.Rep. Darrell Issa • Asking on “Fox News Sunday” why Attorney General Eric Holder gave Issa, the House Oversight and Government Reform Committee Chairman, a seemingly false answer on his knowledge of Operation Fast and Furious, a failed gun-tracking program. The program has since been tied to numerous murders in the U.S. and Mexico — and the results of which are still showing up in the hands of Mexican drug cartels. Issa wants answers. ”People at the top of (the) Justice (Department) were well briefed, knew about it and seemed to be the command and control and funding for this program,” he claimed. Holder told him during a May Judiciary Committee hearing that he had only known about the program for a few weeks — an answer which doesn’t please Issa, and may lead to him issuing subpoenas to the Justice Department later this week. source (via • follow)
This guy wants to kill $200 billion in government waste: Rep. Darrell Issa is ready to take a hacksaw to the federal budget in an effort to kill waste in a number of organizations, including the EPA. As the chair of the House Oversight and Reform Committee, Issa will have the power to do just that (along with many other things). Fun fact: Issa is rich because his company invented the Viper car alarm system, which features his voice telling people to get away from your car. We want Issa to do the same thing with wasteful spending. “Step away from the pork!”
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