Northeastern University School of Law professor Daniel Medwed said it is shocking that a federal case could get out of the grand jury, let alone go to trial, without the prosecutor speaking to the alleged victims. The episode raises concerns about whether there are adequate checks and balances in the office, he added — something many critics of the Swartz prosecution noted as well.
“One of the jokes in New York is that they would indict a ham sandwich,” he said. “Well, here in Massachusetts, it seems a federal jury doesn’t even need the protein. It seems it would take only a couple of loaves of bread, given how flimsy and un-nutritious these cases were.”