Stephen Heymann

"[2] In wake of the United States v. Swartz case two petitions, collectively signed by over 90,000 people, called for Heymann to be fired.

that office's Internet and Computer Crimes Unit, one of the first offices of its kind in the U.S.[9][needs update] In 1995-1996, Heymann supported lead prosecutor Jacqueline E. Ross and worked with investigators[11] in the lead-up to the arrest, prosecution and conviction[12][13] of Julio César "Griton" Ardita, an Argentine man accused of hacking into NASA and Department of Defense computers.

"We are using a traditional court order and new technology to defeat a criminal, while protecting individual rights and Constitutional principles that are important to all Americans.

"[12] At her weekly press conference, she elaborated: "This is an example of how the Fourth Amendment and a court order can be used to protect rights while adapting to modern technology.

[14] Heymann led the investigation of computer hacker Albert Gonzalez-associates Jonathan James, Stephen Watt and Damon Toey for computer intrusion and identity theft from the TJX Companies[15][16][17] and from retailers like BJ's, DSW, OfficeMax, Boston Market, Barnes & Noble, Sports Authority and Forever 21.

[18] James, an alleged "unindicted co-conspirator,"[15] was never prosecuted in the case, having committed suicide[18] two weeks after the U.S. Secret Service raided his house.

"[2][20] Heymann's conduct in the prosecution of Internet activist Aaron Swartz is widely considered to be inconsistent with professional ethics.

[21][22] Two White House web site petitions to fire him for his handling of the case garnered a combined total of more than 90,000 signatures in less than a month.

[24] Two others submitted a complaint to the Department of Justice Office of Professional Responsibility, accusing Heymann of prosecutorial misconduct and alleging the prosecution withheld exculpatory evidence and undermined Swartz's right to a fair trial.

"[28][29] Testifying before the House Oversight Committee, Attorney General Eric Holder called the case "a good use of prosecutorial discretion.