@alexthepres @danslerush

I don't think this is right
afaik, In the US, it is almost unheard of, if not illegal, for someone to be prosecuted before committing an illegal act
of course, there maybe some rare exceptions

The initial charge was tresspass or breaking and entering on MIT property (the library, I have seen this myself, has sign on the door, use restricted to MIT people)

see here
swartz-report.mit.edu/faq.html

and here
swartz-report.mit.edu/docs/rep