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.”

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