The Second Circuit Court of Appeals handed down their ruling on May 31, upholding Ulbricht’s conviction & sentence. In the 139 page decision, the judges stated, the presence of corrupt federal agents “does not necessarily affect the reliability of the government’s evidence in a particular case” even though evidence may have been fabricated by said corrupt agents. Adding that the defense “still has not shown how the agents’ corrupt behavior is exculpatory… The relevant question, on which none of Ulbricht’s arguments casts any light or raises any doubt, is whether any particular item of evidence was tainted in some way by the misconduct of Bridges or Force.”
In short, the judges said “Ulbricht hasn’t proven the evidence was tainted, therefore it wasn’t.” This contradicts one of the edicts of our system of justice, that the prosecution is supposed to prove the defendant guilty beyond a reasonable doubt. The fact that the agents, who again were corrupt, had full access to the site and the ability to impersonate Dread Pirate Roberts (the alias of the Silk Road operator) should bring about reasonable doubt as to whether or not the evidence is legitimate. If there are reasonable doubts as to the validity of the evidence, there should likewise be reasonable doubt as to the guilt of the defendant.
The ruling continues, “It is very possible that, at some future point, we will come to regard these policies as tragic mistakes and adopt less punitive and more effective methods of reducing the incidence and costs of drug use.” Adding, “At this point in our history, however, the democratically-elected representatives of the people have opted for a policy of prohibition, backed by severe punishment… Under the law, we cannot say that [the original judge’s] decision was substantively unreasonable.”
In other words, “even though the War on Drugs may end at some point, it’s still the law of the land; therefore, Ross Ulbricht will die in prison because he created a website.”
Ross Ulbricht is an American Hero who deserves a medal, he is not a super-villain to be punished; the real criminals in this case are the federal agents involved in the investigation, the prosecution & the judges who sentenced Ross Ulbricht to a lifetime behind bars.
Jake Leonard, a broadcast media and journalism veteran, is the editor-in-chief of Heartland Newsfeed. Leonard is also GM and program director of Heartland Newsfeed Radio Network, wrestling editor and contributing writer for Ambush Sports, a contributing writer for My Sports Vote and Midwest Sports Network, and a former contributor to Bleacher Report and Overtime Heroics. He resides at home in Nokomis, Ill. with his dog Buster.