3 ms·
I agree that the "Statement" is misleading. If Ortiz really believed that a Guidelines sentence was inappropriate they could have offered a capped sentence of s
by pseingatl 14y ago
I agree that the "Statement" is misleading. If Ortiz really believed that a Guidelines sentence was inappropriate they could have offered a capped sentence of six months or stipulated to a lower financial valuation of the stolen documents to bring down the Guideline. Neither was done. A prosecutor's recommendation is useful, but it is not binding on the Court. They did not agree to dismiss the other counts of the indictment, and while this would not affect the Guidelines, the sentencing judge could decide to impose sentences consecutively. Swartz would have been without computer access during a two to three year term of supervised release as well. If Ortiz really believed what she wrote in her Statement her office would have limited Swartz' criminal exposure to six months. US Attorneys' offices do this all the time. Hers did not. Her statement is misleading.
The cover-up is always worse than the crime and this Statement only makes me wonder what else is out there. She should resign.