From the very press release we are commenting on it is clear that this is not mere speculation but what the prosecutors office claims:
"Ultimately, any sentence imposed would have been up to the judge. At no time did this office ever seek – or ever tell Mr. Swartz’s attorneys that it intended to seek – maximum penalties under the law."
At best you could say that her statement contradicts the one of Aaron Swartz' lawyer (I don't know, I don't have a reference for his statement), but ignoring the existence of one statement while elevating the other one to the level of truth is dishonest.
"Ultimately, any sentence imposed would have been up to the judge. At no time did this office ever seek – or ever tell Mr. Swartz’s attorneys that it intended to seek – maximum penalties under the law."
At best you could say that her statement contradicts the one of Aaron Swartz' lawyer (I don't know, I don't have a reference for his statement), but ignoring the existence of one statement while elevating the other one to the level of truth is dishonest.