It's just unfortunate that Trump, and now, excessive pardons are politically polarized, which could cloud the fact that justice was done today. I don't credit Trump in any way for doing "the right thing" or even having a principled position regarding Ross' case. Clearly, others with influence on Trump convinced him to sign it. It doesn't matter how the pardon happened. Biden should have already pardoned Ross because that crazy sentence shouldn't have happened in the first place.
Biden did commute the sentence of several other non-violent cases just last week or thereabouts, and Trump has been talking about Ulbricht for quite some time so it's not a complete surprise.
I guess the whole "murder for hire" thing excluded him from the "non-violent" category. But how that got tacked on seems very odd; the judge basically said "we didn't really handle it in the court case and it wasn't a charge, but it was mentioned a few times and it seemed basically true, so I included it in the sentencing". Like, ehh, okay?
To be honest, I don't really understand much of the logic ("logic") of the US justice system....
If someone gets 10 years for smoking weed, the solution is not to put someone in prison for 20 years for punching someone.
Including such evidence in sentencing consideration is not uncontroversial in the U.S. However, it can cut both ways, in that a judge can consider extenuating circumstances in a defendant's life to reduce sentencing. We want judges to evaluate cases and make sentencing adjustments where appropriate. So, I don't think I'd do away with the practice. The real issue is that this specific judge went absolutely bonkers far beyond the 20 years the prosecution asked for during sentencing (which was already very high) and sentenced Ross to two life sentences plus 40 years without parole.
Most of us who are happy that Ross was pardoned agree that he was guilty and deserved a jail sentence for the crimes he was convicted of. The only problem is the sentence was so wildly excessive for a non-violent, first-time offender. Compared to guidelines and other sentences it was just crazy and wrong. Ross has served over ten years. Now he's free. That's probably about right.
Jeff Skilling (Enron) served 12 years in jail for insider trading and securities.
Not saying that Skilling, Maddoff or SBF shouldn't have gone to jail. They deserved it. But I do find it interesting that financial crimes can tend to be the most harshly judged, likely because of who they impact (the people with money) and because they cause distrust of the financial system as a whole.
> Madoff stole $20-35B
Not to defend Madoff, but it's not like he made off with that money himself, so I'm not sure "stole" is the correct term. Most of that money went to investors -- it just went to a different set of investors than the ones who had put that money in (the nature of a Ponzi scheme).
Isn't a common critique of the justice system that white-collar crime gets you less prison time (in nicer jails) than being for ex a drug dealer?
Plenty of finance scammers and conmen who stole millions get <5-10yr sentences
Although the murder-for-hire charges were dropped, transcripts published by Wired in 2015[0] show Ross Ulbricht openly discussing contract killings: he haggles over price, suggests interrogation, and even provides personal details about a target’s family (“Wife + 3 kids”). These charges were dismissed partly because he had already been sentenced to life in New York, making further prosecution moot—but the transcripts themselves factored into his sentencing. No killings occurred (he was likely scammed), yet the conversations challenge the notion that his crimes were purely non-violent. He was willing to have someone killed to protect his idea.
[0]: https://archive.is/pRG3U.
This is probably the most ridiculous comment in this thread. Trump even spoke at the Libertarian convention and specifically mentioned how unjust the sentence was and that he would pardon Ross as one of his campaign promises and he delivered. Trump saw parallels between the attack on Ross and the politically motivated law fare the democrats attacked him with. I think the real issue you have with this pardon is that Trump did it and not some democrat.
IMHO convicting somebody of such a thing is a crime in itself. Simply not excusable. Especially when the crime is essentially a form of white collar crime at best. Bank robbers, drug dealers, and some actual murderers often get more lenient sentences than that.
I think this was a case of the justice system being abused to make a political point. Casually destroying somebody's life to make a political point should be criminal in itself (with appropriate sentences and public disgrace). I don't agree with Trump's politics. But this seems like he's righting a clear and obvious wrong; so good for him. Regardless of his motivations.
How exactly was it politically motivated law fare?
It was further complicated because a couple of the law enforcement officers involved with setting up one of the six murder-for-hire scams* stole the Bitcoin Ulbricht paid and it was also felt that trying to prosecute based solely on the other chat logs would have been difficult. The FBI agent who arrested Ulbricht was interviewed about it recently[1].
* The other five are said to not have been law enforcement, which makes it curious the number of times Ulbricht was scammed in this manner.
Its astonishing that granting pardons to drug dealers and attempted murderers is something Trump sees as one of the more urgent matters affecting the most powerful nation on Earth.
I wish this weren’t true.
In addition you have the guy that was supposed to be murdered also claiming that it could not have been Ross.
The murder for hire case was very weak and then in addition you had the two federal agents working the murder for hire case charged for stealing bitcoins.
Steal the pensions and other retirement funds of millions? At worst, slap on the wrist.
Steal a single dollar from a single billionaire? Hope you like solitary, buddy.
First time offender?!?!? Applying that term to a guy who spent years traveling around the world under multiple fake IDs while using state-level security on his hardware and racking up law violations every single day seems like an absurd stretch.
I mean, come on. By that logic, Al Capone was a first time offender when the feds finally nailed him for the first time. Pablo Escobar was a first time offender when he finally got nabbed. Good lord.
"First time offense" applies to your _first offense_. Not relevant when you've committed thousands of offenses over years while living on the run.
Ross Ulbricht is a very unique, interesting case. I don't for a second believe that Trump has any moral imperative with pardoning him, but his sentence for the crimes he was prosecuted for was very clearly unjustly large in an extensively murky case. There's also a whole slew of benefits to Trump for pardoning him - it's largely perceived as very pro-crypto, pro-libertarian (ironic), etc.
AKA file your taxes, essentially.
It sounds like if an extenuating circumstance resonates with a judge, then the sentence will get modified. Sentencing shouldn't be based on a single person's "feelings."
In general, the recent wave of pardons in the last month reflect the trend over the last 20 years of pardons by both parties being increasingly political, self-interested and granted to connected donors who mount targeted campaigns. Sadly, it's not a great look. Yet I believe the pardon process can, and should, serve an important function of being a final check and balance to correct prosecutorial and judicial excess when it occurs. I'd be happier if the majority of pardons were commutations of grossly excessive sentences in cases most people have never heard of.
Hopefully, many of the more unusual and controversial recent pardons were a final paroxysm in response to the increases in politically-related prosecutions or threats of such prosecutions by partisans on both sides. Regardless of the validity (or lack thereof) of these prosecutions (or threats), it's clear many were pursued more aggressively, timed or conducted with at least one eye on either influencing political optics or retribution. Overall, it's certainly not been a shining moment for our republic. Both parties share the blame and need to do better.
Interestingly, I get hate from nearly everyone whose bought into either side of the political mainstream, and not because I dislike their candidate (few serious people would argue even their favored candidate doesn't have significant negatives). No, people can't stand that I don't dislike the other candidate/party more than I dislike their preferred candidate/party. It's bizarre because it seems entirely reasonable to have concluded that all the major party presidential candidates are so flawed, each in their own uniquely terrible ways, that they are beneath any serious comparison of which may be less bad. It's simply beyond reasonable discourse to engage in evaluating whether a dog shit sandwich might taste better or worse than a cat shit sandwich. They are all animal shit sandwiches.
I'm responding because you're objecting to my mild statement about Trump's likelihood of having a principled position regarding Ross' case and thus you may have assumed I favor the other candidate or party. Hardly! This is especially galling because I've had to defend Trump, who I dislike as much as Biden/Harris, against reflexive "Orange Man Bad" attacks - if only to point out, sometimes Trump does things which are good. And the same was true of Biden. Both of them have done good things - even if only in the sense of a broken clock being right twice a day.
To be clear, my observation about Trump not basing many of his political positions on long-held, fundamental principles applies equally to both major parties. Neither party is grounded in principle. In recent decades, both parties have abandoned so many of their own long-held, traditional "left/right" pillar positions judged by how they actual govern when in power, if not in their campaign claims, as to now be mostly incoherent. Neither party can seriously claim they arrive at their current political positions by deriving them from deep, unchanging principles. Once again, I'm not making a partisan judgement for or against either. This is simply a factual statement. Neither party's platform positions or political actions over time are self-consistent enough to be grounded in principle. At most, they try to later market the political calculations they've made for pragmatic, contextual reasons as aligned with some principle - but that's just transparent retconning to pander to their base. This is obviously true because no voter can reliably predict what their own party's (or candidate's) position might be on some enitrely new issue in advance.
In the case of Ross, Trump came very close to granting a pardon at the end of his term in 2020. He ultimately didn't pardon Ross due to the uncharged, untried allegations of Ross hiring an online hitman. Trump pardoned Ross now despite the same things still being true. The reasons Trump cited for the pardon were the excessive prosecution and sentence, but those things were also equally true in 2020. So, while I think it's just that Ross is free after over 11 years in a FedMax prison, that's why I don't believe Trump's reasoning was grounded in principle. And it has zero to do with liking Biden/Democrats more or Trump/Republicans less (because I dislike both equally). If Biden had pardoned Ross it would also not have been for principled reasons.
If you value societal order above all else, then you want extremely horrific punishments for crimes, you want near-absolute certainty that you'll be punished for criminal acts, and you want capture and trial to be swift, so that people know that breaking the law results in:
Swift capture Swift trial Swift execution
And with those three things, you get a highly ordered, law-abiding society, because it becomes common knowledge that breaking the law results in death, guaranteed, so unless you're just stupid or insane, you don't break the law.
If you don't value that kind of clockwork societal order, then you get... Western civilization.
Frankly I'll take the chaos of our Western civilization over the stifling draconian societal order of places like Singapore any day of the week.
What else would the term be? Did you always feel that Robin Hood was being unfairly maligned when he was described as robbing from the rich and giving to the poor?
You're ignoring the issue of which acts are criminalized.
Since Reagan.
All of those people were perfect people to throw the book at.
For the next 2 years all bets are off.
[1]: https://counciloncj.org/new-analysis-shows-u-s-imposes-long-...
Broken clocks and all that. I entirely agree that he may have a potential muder conviction on his case, but they instead threw the book at him for a much lesser crime for a way too large sentence. Especially if we compare it to the War on Drugs.
And yes, there is the open secret that the US uses its prison system as a form of soft slave labor. Many people don't want to reduce that supply.
You're imagining something like a thief who just intends to steal $X, robs a bank, counts out $X and leaves the rest of the money untouched. In reality, most thieves are opportunists: they will take as much money as opportunity allows without getting caught.
Obviously you couldn't physically fit $1B cash in a wallet, but assuming this hypothetical wallet did have $1B, does that make the thief more heinous or just luckier?
(If you must insist on a literal and physically accurate wallet in the hypothetical, just imagine it held $1B in Bitcoin.)
I get that there are different views on how much punishment should be based on intent vs outcome. My opinion is factoring in outcome in criminal sentences is often pragmatic, but if we had omniscient judges, judging on intent would be ideal.
I personally believe that having lots of parties founded on concise, coherent principles would be very nice from a voter point of view (to express preferences), but those would be completely unable to actually govern-- because there are a lot of decisions to make and compromises to find, and trying to do this solely based on a small set of principles is just not possible, because you would need to abstain from all decisions that your founding principles can not answer clearly (and no current democracy is set up in a way that enables this).
I can picture a system where this could work in theory (lots of parties forming the government, but most parties abstain from voting on any single decision), but I can see no way of preventing scope creep/consolidation...
Regarding the "both main parties equally bad" aspect:
What are your main pain points with the previous administration? As an outsider, to me it appears that despite getting dealt a rather bad hand (Covid/Ukraine/Middle East chaos), they made a lot of correct decisions (in hindsight).
Post-trump republicans, on the other hand, appear irresponsibly selfcentered to me in many ways (climate/emissions, Covid policies, foreign/trade, anti-pluralism). I also think that (2016) Trump poisoned political discourse in a insidiously harmful way, by basically forgoing any form of factual debate in favor of spewing insults at every opportunit (lying Hillary, sleepy Joe, ...)-- this alone I feel almost requires opposition...
What issue would your ideal party tackle first?
Here's a thread in a forum where someone quotes Ulbricht's message stating Silk Road will no longer sell guns.
https://bitcointalk.org/index.php?topic=66587.msg1079466#msg...
The hypothetical is there to try to tease out a principled stance from our intuition. If someone stole a wallet that contained $1B, should their punishment be a million times harsher than someone who stole a wallet with $1000? Should it be 5x harsher? The same punishment?
If your stance is that luck would not ideally affect one's punishment then the amount stolen isn't itself a factor in determining the punishment. It's downstream of the true factors, such as the number of thefts committed. The amount stolen is correlated but not causal.
I don't think this is generally the stance. If you give someone a little shove, they bump their head, and they get a bruise, you've committed assault, you're facing up to a few months in jail. If you give someone a little shove, they bump their head, and they die, you've committed murder, you're facing potentially years in jail. According to the eggshell skull legal doctrine[0], it doesn't matter that some people are especially more vulnerable than others (ie that you were particularly unlucky and pushed someone who happened to have an eggshell skull), you take responsibility for the consequences when you do something illegal.
Now in our world, no one is going to steal a wallet with $1 billion in it - there is some reasonable assumption that when taking a wallet you are at most stealing a few thousand dollars, and never more money than a person would be comfortable keeping in their wallet. While that's against society's rules for various reasons, it's not a particularly damaging crime. The victim will be perhaps very inconvenienced, but no worse.
However if we lived in a world where a wallet might contain 1 billion dollars, that would be a different story. Now you might very well be causing life altering damage to large numbers of people when you steal a wallet. The decision to do so, knowing the risk, is a much more serious offense. The metaphorical wallet Madoff stole was not only possibly filled with an enormous sum of money, it very likely contained that much. Beyond the much greater and repeated effort that Madoff employed to steal this money than would be needed to snatch a wallet, the very fact he was willing to cause so much potential damage for his personal gain is a much more severe breach of the social contract than a petty thief.
There definitely shouldn't be a simple linear relationship of dollars stolen to days in prison; but that doesn't mean the punishment should be completely agnostic either. These relationships are complex and need to be looked at in context with other relevant factors like pre-meditative effort or degree of remorse. Regardless of one's stance on rehabilitative vs punitive justice, I think we can all agree someone who effortlessly broke core parts of the social contract and would gladly do so again needs to be treated differently from someone who made a bad call in a moment of weakness.
What you're describing is manslaughter or possibly not a crime in most jurisdictions, but your point stands. Generally, murder is an intentional killing, and manslaughter is an accidental killing. But if, say, you give an aggressive drunk a little shove and they bump their head and die, you probably haven't committed a crime. Nonetheless, luck absolutely plays a role in punishment in our current justice system in a thousand different ways. I don't think most people consider the element of luck to be ideal so much as an unfortunate but necessary reality.
With the eggshell skull doctrine, you're talking about paying for damages in a civil case. I think most people see reparations differently than punishment. In civil law, you pay to fix the damage you caused, even though the exact amount comes down to luck. But criminal punishments require some criminal intent. It's a higher bar.
> there is some reasonable assumption that when taking a wallet you are at most stealing a few thousand dollars
I think you're giving thieves too much credit here. They may not expect most wallets to have more than $1000, but I don't think most thieves have some innate goodness in them that makes them want to get a wallet with less than $1000. I think it's the opposite: if thieves knew someone had $1B in their wallet, and the chance of getting caught was the same as stealing any other wallet, I think most thieves would want to steal that wallet more, not less. And I don't think most would care if the money in that wallet rightfully belonged to the investors of Madoff Investment Securities either.
> factors like pre-meditative effort or degree of remorse ... moment of weakness
With these factors, you're judging the thief based on their character. We're both advocating this. The difference is you're arguing someone who steals a larger amount of money has a worse character while I'm arguing they just had greater opportunity.