Kerr's writeup also relies on "pre-crime", heaping punishment on Aaron for something he might do (release the documents publicly), but, crucially, never did.

I do think it's a strong possibility that Aaron intended to do so, but I also have my doubts. There was another instance where Aaron obtained documents en masse but did not "liberate" them: from Westlaw; he contributed to a statistical study on them. The results were published in the Stanford Law Review.

I cringe at the thought of Aaron's life being ruined over guesses about his future behavior.