Well, the reason I am focused on the charges and their validity is because that is the only factor that the prosecutor considers when deciding to pursue the charges.
MIT and JSTOR have no say in the matter. Both MIT and JSTOR could have been shouting their wish that Aaron Swartz not be prosecuted from the rooftops and it would not have mattered one bit.
The victim of a crime has no say in whether the perpetrator is prosecuted. The victim cannot even refuse to testify unless they want to be held in contempt of court.
From the perspective of the prosecution what does matter is the validity of the charges, the quantity and quality of evidence and the severity of the crime. The wishes of the victim only really play a role in the case of petty crimes or minor family issues. (E.g. Son steals father’s car.)
So this is why I have been so focused on the charges and their validity. If the charges are sound, the evidence is good and plentiful - and the crime is severe - the prosecutor cannot really drop the charges.
Now you and I can argue all day regarding if the crime should be considered severe enough to be prosecuted. I have made my opinion on the matter clear: Once Aaron Swart physically plugged in a laptop in a secured network closet - he was past walking away free.
The fact that the prosecution rejected a particular plea bargain is irrelevant as we do not know the details of the plea deal.
You have to understand that the legal system in the US is not built on emotion or the noble goals of the perpetrator. The courts do not care about such things. They care about one thing and one thing only : “Is the accused guilty as charged?” That is why I focus on the validity of the charges – because Aaron Swartz was guilty as charged.