Based on the text of the indictment, the establishment of his intent with the documents is the one claim that doesn't appear to established with any mention of

Based on the text of the indictment, the establishment of his intent with the documents is the one claim that doesn't appear to established with any mention of supporting evidence. This stands in stark contrast to the meticulously detailed accounts of MAC address changes, computer purchase history and surveillance video describing his actions. The question that this hinges on is whether there is hard evidence of his intent; either there exists a clear statement from Swartz of his intention (e.g., say, a chat log from an informant where he expressed his intent, or an actual upload) and they didn't feel the need to share this info to get the indictment, or they're just trying to make up some circumstantial case (oooh, look, he had a BitTorrent client on a laptop we seized) to justify the harassment. I would guess that it must be something very weak, ambiguous and circumstantial which is why they didn't feel the need to substantiate the claim. But then again, given the long time frame (many months) and the rashness of some of the behavior Swartz displayed, I wouldn't be at all surprised to find that someone got him to say something via electronic means that could be construed as an intent to P2P the documents.