The Accidental Betrayal of Aaron Swartz 409
theodp writes "The anarchist dictum when it comes to grand juries, explains Salon's Natasha Lennard, is a simple one: 'No one talks, everyone walks.' It's a lesson journalist Quinn Norton tragically learned only after federal prosecutors got her to inadvertently help incriminate Aaron Swartz, her dearest friend and then-lover. Convinced she knew nothing that could be used against Swartz, Norton at first cooperated with the prosecutors. But prosecutors are pro fishermen — they cast wide nets. And in a moment Norton describes as 'profoundly foolish,' she told the grand jury that Swartz had co-authored a blog post advocating for open data (the Guerrilla Open Access Manifesto), which prosecutors latched onto and spun into evidence that the technologist had 'malicious intent in downloading documents on a massive scale.' Norton sadly writes, 'It is important the people know that the prosecutors manipulated me and used my love against Aaron without me understanding what they were doing. This is their normal. They would do this to anyone. We should understand that any alleged crime can become life-ruining if it catches their eyes.' Consider yourself forewarned."
This is surprising? (Score:2, Informative)
What's that line that's been repeatedly drummed into our heads?
"Anything you say can and will be used against you in a court of law"
Obligatory (Score:5, Informative)
Don't Talk To Police [youtube.com]
Must Watch YouTube Video (Score:5, Informative)
Don't talk to he police [youtube.com] I was shocked when I watched this.
NEVER Talk to LEOs (Score:5, Informative)
...watch a lawyer and sheriff explain why. [youtube.com]
Cops too. (Score:5, Informative)
The job of police and prosecutors is to establish guilt. They are not there to help you. They are there to harm you in any way they can. Do not talk to them at all if you can avoid it.
Don't Talk To Cops [youtube.com] is a video detailing exactly how someone who is PURELY INNOCENT can have their words twisted to prove their "guilt". If you have not watched this, watch it. Make your kids watch it too.
Re:The police are not your friend. (Score:4, Informative)
Re:When talking to a prosecutor in the US. (Score:5, Informative)
You can't actually do this. Grand juries can compel testimony. There are people in prison right now [wsws.org] for refusing to testify in front of grand juries. And because it's considered civil contempt, you get no trial, no appeal.
Re:When talking to a prosecutor in the US. (Score:5, Informative)
They're only jailed for as long as the grand jury is sitting. Secondly, you can contest coercive contempt charges, it's just that your grounds for contesting them are more limited.
Re:Naivete kills !! (Score:5, Informative)
"Oh, c'mon, don't give us that !!!"
MOST people don't know enough to keep their mouths shut. This is simply a fact. They also expect other people to be reasonable, and are amazed when other people aren't reasonable. Example from TFA:
"It was beyond my understanding that these people could pick through his life, threaten his friends, tear through our digital history together, raid his house, surveil him, and never actually read his blog."
I bet you 90% of the people out there would feel the same. And have no clue what damage opening their mouths, even a little bit, can cause.
I bet even you would learn a few things by watching this video: Don't Talk To Police [youtube.com] which is a talk given by a defense attorney and a detective.
Re:Naivete kills !! (Score:5, Informative)
What kind of a journalist doesn't know that a prosecutor can make the grand jury indict a ham sandwich if he wants to? It doesn't require deep knowledge of the legal system; it only requires watching a few episodes of Law and Order.
The legal system may be crooked. It may be hard to not talk when the judge can put you in jail for remaining silent. The 5th protects only you, not someone else - you have no right to remain silent if you are not witnessing against yourself. Prosecution is always happy to give you a worthless immunity, since they never wanted you indicted in the first place. You cannot lie either, because you don't know if your answers are cross-checked with someone else's - and they usually are. The best way to deal with law is to avoid it altogether.
Re:Cops too. (Score:5, Informative)
Don't Talk To Cops [youtube.com] is a video detailing exactly how someone who is PURELY INNOCENT can have their words twisted to prove their "guilt". If you have not watched this, watch it. Make your kids watch it too.
Another good video, produced by Flex Your Rights and ACLU, is entitled BUSTED: The Citizen's Guide to Surviving Police Encounters. [youtube.com] It discusses home visits, traffic stops, and Terry stops. [wikipedia.org]
The Flex Your Rights YouTube channel [youtube.com] currently hosts 83 videos covering various situations, with recommendations for handling them.
Re:Naivete kills !! (Score:5, Informative)
Which is why you do need a lawyer sitting on your shoulder like Jabba's little freak-monkey, cackling "My client has no recollection of those events. My client cannot speak to another's state of mind."