There is not the slightest chance that the U.S. government would be held liable for Swartz's death in any fashion. Prosecuting someone is not going to be held illegal in any U.S. court, ever.

Even if that zero chance somehow came true, Ms. Ortiz has absolute immunity from personal consequences, as she was acting as an agent for the government in the course of her employment.

She can write whatever she wants with absolutely zero fear of any adverse legal consequences against her, and you should not make excuses for her on that fictitious basis.