From the very press release we are commenting on it is clear that this is not mere speculation but what the prosecutors office claims:

"Ultimately, any sentence imposed would have been up to the judge. At no time did this office ever seek – or ever tell Mr. Swartz’s attorneys that it intended to seek – maximum penalties under the law."

At best you could say that her statement contradicts the one of Aaron Swartz' lawyer (I don't know, I don't have a reference for his statement), but ignoring the existence of one statement while elevating the other one to the level of truth is dishonest.