Thursday, January 17, 2013

Carmen Ortiz and Stephen Heymann: accountability for prosecutorial abuse

http://www.guardian.co.uk/commentisfree/2013/jan/16/ortiz-heymann-swartz-accountability-abuse

Imposing real consequences on these federal prosecutors in the Aaron Swartz case is vital for both justice and reform

...there has been a serious injustice in the Swartz case, and that alone compels accountability. Prosecutors are vested with the extraordinary power to investigate, prosecute, bankrupt, and use the power of the state to imprison people for decades. They have the corresponding obligation to exercise judgment and restraint in how that power is used. When they fail to do so, lives are ruined - or ended.
The US has become a society in which political and financial elites systematically evade accountability for their bad acts, no matter how destructive. Those who torture, illegally eavesdrop, commit systemic financial fraud, even launder money for designated terrorists and drug dealers are all protected from criminal liability, while those who are powerless - or especially, as in Swartz's case, those who challenge power - are mercilessly punished for trivial transgressions.

This immunity for people with power needs to stop. The power of prosecutors is particularly potent, and abuse of that power is consequently devastating. Prosecutorial abuse is widespread in the US, and it's vital that a strong message be sent that it is not acceptable. 

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