Due process is a joke.
-Renegade
Not really. It's pretty precise for the most part. But it doesn't quite work the way people think it does - or think it should. Especially when we're sympathetic towards the defendant.
The biggest problem Ulbricht has is his allowing Silk Road to become associated with some things he had to have known would put it on very shaky legal grounds. Turning a blind eye and then claiming ignorance isn't a smart legal defence strategy. And displaying wilful ignorance is very often interpreted as an admission of culpability. Then he got foolish and decided to double-down and thumb his nose when it became general public knowledge there were concerns about the operation and activities taking place within Silk Road.
Sorry Ren, I don't see this as a kangaroo court just yet. (Although it could always turn into one.) I think the government prosecutors are dotting every
i and crossing every
t while his defence team is shot-gunning everything they can think of to muddy the waters and try to give them the moral high ground.
It's
not going to work.
Like TechDirt, my real regret is that this isn't a good case to test the recent SC interpretations on limits for gathering evidence. It's a weak case on those grounds. And if those 4th Amendment motions are addressed in the final judgement, it will have the effect of legally weakening the SC's ruling by making judges (who generally
do pay close attention to
case law precedent) more likely to dismiss 4th Amendment challenges to the admissibility of evidence going forward.
Opponents of that SC ruling are probably hoping those motions by Ulbricht's legal team loom large in the upcoming trial for that very reason..