But as far as this case goes, I’m not sure. The alleged crime is a very technical one. The facts are all recorded and they paint a clear picture. The only question is how they apply to the law and whether or not they raise to the level of a crime.

That’s the job of a jury. They will receive a document with a list of charges, and the prosecution will lay out a very clear roadmap as to how each element of their case maps to the elements of the relevant statutes being charged.

Since this is a very technical crime, most of the evidence would be document-based and very convincing to a jury. It’s hard to create reasonable doubt in such document-heavy cases. So the only question will be how many charges can the prosecutor make the facts fit. That’s where these “50 years” claims come in, by stacking charge after charge in serial.

But importantly, neither the prosecutor nor the jury decide the sentence. That’s the job of the judge under the sentencing guidelines. This is what makes those “50 years” claim of the prosecutor bogus, and what any well-represented individual should understand.

I think Swartz did understand that because he opted to go to trial.

I get that people want there to be a clear moral story here. One perspective is that Swartz was a child prodigy, a beloved activist, someone who challenged the system, and then succumbed to pressure when it bore down on him with the full weight of the federal government.

But it’s not as clean as that. On the other hand he was a well connected, high net worth individual who repeatedly flaunted the system, and thought he would never face consequences. In my opinion, that’s the profile of someone ripe for heavy handed prosecution.

I am sympathetic to both perspectives.