I’m all for the freeing him of his crimes when it comes to his crypto anarchic philosophy. But I find it hard to pardon someone for contract killing essentially. Also I’m not an apologist for the FBIs handling of this case either.
The case was dropped after NY conviction since he was sentencing to life, so there was little point in continuing.
Clearly that was a mistake if a lack of an attempted murder conviction helped him get a pardon.
I think it's fair to say judges shouldn't factor non-charged allegations into sentencing, but I think he's at least morally culpable, here, and should at the very least be expected to now show public contrition for repeatedly trying to murder people drug kingpin-style.
I doubt he will ever admit it, but now that he's free I still would like it. I don't care about people enabling drug sales but I do care about people with a God complex who feel entitled to end the lives of those they oppose (in one case because he thought someone stole from him, and another because he thought they would dox him).
The New York court convicted him, and then considered the murder-for-hire allegations when determining his sentence. They found them true by a preponderance of the evidence and and that was a factor in his sentence to life without parole. He appealed, and the Second Circuit upheld the sentence.
The prosecutors in Maryland then dropped the murder-for-hire charge because there was no point. They said this would allow them to direct their resources to other other cases where justice had not yet been served.
Since he was sentenced federally, he'd be under the federal sentencing guidelines, but I imagine those are pretty harsh around the money laundering and drug trafficking (since they're tuned to provide a hammer to wield against mostly narco-enterprises). I suppose the additional preponderance of evidence gave the judge justification to push the sentence to the maximum allowed in the category?
This is all AFAIK, they haven't released the text broadly yet, but his lawyers/etc say he was pardoned for crimes related to drugs.
Even what people call a 'full and unconditional' pardon is usually targeted at something specific, not like "a pardon for anything you may have ever done, anywhere, anytime' which people seem to think it means sometimes.
It's more of a legal term of art to describe pardons that erase convictions, restore rights, etc.
Rather than clemency which, say, commutes your sentence but leaves your conviction intact.
I feel like me might disagree on Ulbricht, but overall mandatory maximums make a lot of sense.
The only thing it would protect him against would be the federal murder for hire statute (18 USC 1958).
I doubt the pardon will be considered to cover that, but we'll have to wait to see the text.
Ps. El Chapo got shorter sentence than Ross.
However, murder for hire is also federal crime - see 18 USC 1958 and the DOJ CRM on this: https://www.justice.gov/archives/jm/criminal-resource-manual...
So depending on the pardon text and interpretation, he may or may not be chargeable with this statute still federally.
I agree this has zero effect on charging him at the state level, and most states do not have statute of limitations on these types of crimes (or they are very long)
(see OJ Simpson paying money damages for a crime he was acquitted of)
But during the trial, evidence was presented that he made murder-for-hire payments, the court found that he did by a preponderance of evidence, and the court took this into account when sentencing him.
So, he wasn't convicted of it, but it is part of the reason he was sent to jail for a very long time.
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They both had greater-than-life sentences, which in practice is the same thing.
And Ross made millions from those people selling drugs on his site. Quite possibly more than any person selling drugs on his site.
And attempted to hire hitmen to prevent anyone stopping it. Not even as a potential "crime of passion", but solely to protect his money train.
And there's this whole false narrative of "youthful indiscretions". He didn't start building the site til he was 28 and was mostly running it in his early 30s.
Most recent pardons have been announced in documents labeled "Executive Grant of Clemency", so I don't think "clemency" and "pardons" are as distinct as you're saying.
And while I know you said "usually", I can't help but note that Hunter Biden was pardoned for any federal thing he may have done, anywhere, anytime in the last 10 years. Some of the last-minute pardons were pretty broad as well.
> "I need his real-world identity, so I can threaten him with violence," DPR told RealLucyDrop.
> "I don't know how I feel about that solution," said RealLucyDrop
They were dismissed with prejudice.
> “We are pleased that the prosecutors in the District of Maryland, after almost five years, have dismissed their indictment against Ross. Holding this over Ross’ head, without taking it to trial where he could defend himself, has been very damaging to Ross and his case, especially because it contained the only charge of murder-for-hire. Of course, this charge was never proven or convicted, but was very effective in smearing Ross’s reputation and hurting him in the legal process”.
> She said, “We had some good news recently. The indictment and superseding indictment against Ross in the District of Maryland were dismissed ‘with prejudice,’ meaning they can never be re-filed. This is especially good because those indictments contained the only charge ever made that Ross engaged in murder-for-hire. This was a serious allegation that Ross denies. It was never prosecuted or ruled on by a jury but was trumpeted by the government and the media as if it were proven fact”.
https://perspectivesmatter.com/2018/08/silk-road-drugs-the-i...
https://www.humanrightsdefensecenter.org/action/news/2020/dy...
> Following his arrest in 2013, prosecutors also alleged that he planned murder-for-hire although, curiously, he was never charged or prosecuted for it at trial (and the allegations were dismissed with prejudice by a U.S. District Judge in 2018).
> The allegations were never charged at trial, never proven, never submitted to, or ruled on by, a jury, and eventually dismissed with prejudice. Ross consistently denied the allegations (which relied on anonymous online chats never proven to have been authored by him) and those who know him never believed them. The only alleged victim ever identified, Curtis Green, is a fervent supporter of Ross’s clemency.
Apparently, there is something in Lorance v. Commandant, U.S. Disciplinary Barracks that indicates that accepting a pardon does not imply guilt, but I am not very knowledge on that.
You can see, this was simply a pardon for his existing convictions, no uncharged crimes, not even things related to these crimes.
As a result, he could still be charged with anything they chose not to charge.
As such, your nitpicking was pointless.
There is nothing here that would prevent him from being charged with murder for hire, or even other drug crimes.
He was only pardoned as to his existing convictions.
Lucky him, as his pardon doesn't cover them. But he could still be charged at the state level, and at the federal level with any other crime.
How is that not a massive violation of due process? Imagine you are at trial for something and get convicted. Then during the sentencing, some other unrelated case's evidence gets used by the Judge which was never introduced during trial and defendant never had any opportunity to defend or cross-examine. Judge uses that to sentence you to 2+ life sentences. After that, the other unrelated case gets dismissed WITH prejudice. Huh??? So the evidence which got used to sentence you was never ever cross-examined or tested in court. "preponderance of the evidence" is not what's used in criminal trials but just because it was introduced in sentencing, it's somehow okay?
Surely that can't be entrapment.
"Clark didn't comment on that murder-for-hire conversation—which he at one point claimed had been fabricated by Ulbricht but later conceded was real"
https://www.wired.com/story/silk-road-variety-jones-sentenci...