Aaron Swartz's attorneys blame prosecutors of misconduct. (VIDEO)

On Wednesday, Aaron Swartz's defense attorneys accused prosecutor Stephen Heymann of prosecutorial misconduct.

Heymann is suspected of holding key evidence for the defense and Swartz's attorneys are asking that the Department of Justice step in and investigate the allegations.

Swartz was allegedly behind the hacking scandal that included the Massachusetts Institute of Technology and JSTOR. The 26 year-old faced a 30 plus year sentence for tapping into the secured system, but took his own life back in January of this year.

Declan McCullagh, chief political correspondent for CNet, joins us to breakdown the latest update on the case of Aaron Swartz.