This is poisoning the well. There are some good questions in the posted letter. Unfortunately, we are unlikely to get good answers. Whatever their political stripes or past failings, at least someone is willing to press the issue instead of dropping it.
Of the asked questions, the ones with veiled accusations of retaliation demand an especially compelling answer. The DoJ should definitely be on the spot for their prior entanglements with Schwartz. Their conduct in this case could easily be construed as retaliatory (we couldn't get you then, so we'll slam you now).
The only question that seems silly to me is the last one. Of course a DoJ prosecutor is aware of the concept of prosecutorial discretion. To be fair, it's also a good counterpoint to the current silly "Congress made us be mean" line the prosecution is taking. It's just more of a statement than a question.
> Expect to see lots of superficial genuflection from Republicans towards the Swartz case; the GOP is in a constant low-grade conflict with the Democratic DoJ.
One of the nice things about an adversarial system is that you can benefit from the conduct of parties whose views don't align with your own.
I'm not saying we should act ignorant of the Senator's motivations here. We just shouldn't dismiss his concerns outright because of them.