theodp writes "The NY Times has some confirmation questions it wants asked of Mary Jo White, President Obama’s nominee for chairwoman of the Securities and Exchange Commission, who is expected to win Senate approval after her confirmation hearing on Tuesday. So, let's add a few more. How did super lawyer White, who built a lucrative career representing high-profile clients such as JPMorgan Chase, UBS AG and Morgan Stanley, come to represent JSTOR — and by extension the late Aaron Swartz — in failed negotiations with U.S. Attorney Carmen Ortiz's office? And why does she suppose the DOJ declined to drop its draconian prosecution of Swartz despite her intervention? In nominating White, President Obama hailed her as someone 'you don't want to mess with' who could be counted on to 'fight for the American People'. Winning, unfortunately, is sometimes another matter — Swartz had committed suicide less than two weeks earlier."