The Swartz suicide and the sick culture of the DOJ

In the aftermath of the unfathomably sad suicide of Aaron Swartz, I was asked to do an op-ed for the Massachusetts Lawyers Weekly. I was given leave to be frank, and so I was frank. The piece after the jump...

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The Supreme Court: A Prosecutor's Best Friend


On October 27th, the Innocence Project, in conjunction with the Veritas Initiative and Voices of Innocence, announced a “nationwide tour seeking policy reforms to prevent prosecutorial misconduct.” Headlining the tour will be John Thompson, the man who, despite being placed on death row due to corrupt and negligent actions on the part of the New Orleans District Attorney’s Office, was stripped of his 14 million dollar judgment against the DA by the Supreme Court’s ruling in Connick v. Thompson. In our latest post on Forbes.com, my research assistant Daniel Schwartz and I discuss the ruling, and critique the notion that the prosecutor’s office deserves immunity for its horrific neglect of basic constitutional rights. As we have written elsewhere, the explosion of federal statutes has made all people increasingly at risk of facing criminal and civil charges for a host of innocuous behaviors. Surely, so-called public servants should be held to at least as high a standard as their masters, rather than be given protections that would be unheard of for normal citizens.

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NPR Connecticut: 'A Nation of Criminals?'


Talking TFD on the NPR Connecticut program Where We Live, hosted by John Dankosky, with Guest Stanley Twardy, a former U.S. Attorney for the District of Connecticut. We discuss, among other topics, the role of prosecutorial discretion and the question of criminal intent.

A Nation of Criminals?

"A Nation of Criminals?Where We Live, NPR Connecticut

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Updates related to Harvey's
book Three Felonies a Day, a critical
take on the Justice Department

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