Is Ross Ulbricht a Political Prisoner?
When my son Ross Ulbricht was arrested and brought to trial, many called him a political prisoner. Yet I wasn’t so sure this was true. When a HuffPostLive interview ran the headline: "Silk Road Founder Is A ‘Political Prisoner,’ Mother Lyn Ulbricht Says." I was uncomfortable with it (especially since I didn’t exactly say that).
Even by the sentencing I wondered if calling Ross a political prisoner might be exaggerated, too dramatic. But then the other Silk Road defendants were sentenced by a different Judge, and I was finally convinced that yes, Ross is a political prisoner. I see no other explanation for his excessive sentence.
People convicted as top drug sellers on Silk Road got a relative slap on the wrist. A top administrator during the height of Silk Road got 17 months (yes months, -- time served) and (I’m happy to say) is now a free man. Recently Brian Farrell, a top admin of Silk Road 2.0, got 8 years. Yet Ross got double life + 40 years, with no possibility of parole. Why?
It is actually against the law to give a sentence so out of proportion. The punishment must fit the crime and be at least in the same ballpark as those with similar offenses. Congress passed the Sentencing Reform Act forbidding such disparity, which Ross’ appeal calls “grotesque.”
I now think it is obvious from these other sentences that the Silk Road case was not about drugs, not about a product, but about a platform. I believe the government considered that platform a dangerous political threat, needed an example, and Ross was it. The government and the court made this quite clear.
As Ross’ appeal points out, basing a sentence on someone’s political philosophy violates the First Amendment’s guarantee of freedom of speech and is never the basis for a lawful or reasonable sentence.
In spite of this, the government maintains in its brief that Ross’ life sentence is reasonable. In it they express doubt that Ross had abandoned the beliefs that led him to start Silk Road. The Judge agreed, stating: “It is also notable that the reasons that you started Silk Road were philosophical and I don't know that it is a philosophy left behind.”
The Judge called this philosophy “deeply troubling and terribly misguided and also very dangerous." Yet the law, which she took an oath to uphold, states that considering someone’s philosophy is “an irrelevant and prohibited factor” in sentencing, forbidden not only by the Constitution, but the Sentencing guidelines. It is clearly unlawful that the Judge sentenced Ross more severely because she was not sure he had abandoned his views and beliefs.
As a lawyer I know said:
“Neither Thomas Jefferson nor James Madison would likely not have fared well if brought before Judge Forrest, because of their similarly ‘dangerous’ views.”
Ross’ sentence also flies in the face of precedent. Previous courts have ruled: "The freedom of speech and of the press guaranteed by the Constitution embraces at the least the liberty to discuss publicly and truthfully all matters of public concern without previous restraint or fear of subsequent punishment." Thornhill v. Alabama. And “[S]peech concerning public affairs is more than self expression; it is the essence of self-government.’’ Garrison v. Louisiana.
In addition, according to other courts, the expression of political views concerning drug laws involves core political speech, an area where First Amendment protection is “at its zenith.” Meyer v. Grant.
Judge Forrest may personally find Ross’ political views troubling and dangerous. However, it is not within her authority as a United States District Court Judge to consider his political views in determining a sentence.
In fact, it is against the law.
That a Judge would, in part, issue a life sentence based on political beliefs and statements should frighten us all.
It's clear Ross is being punished extra hard for his political philosophy. He never harmed another person and gets life in a cage? It's disgusting.
Agreed. True for him and so many others. Horrible.
Yes so agreed with you guys... Very horrible and many lifes are destroyed forever :(
Yeah he should got death penalty but mayb som tortue in jail is ok:) he will get killed or kill himself lets hope :)
double life is ridiculous + 40 years just to add on the bs judging. I dont get peter nash ending up with 17 months tho, he probably snitched and ended up with a deal because that just doesnt make any sens.
Can you explain why you feel this way? Or which part of his story makes you feel he needs to be punished?
Wow. You really are one nasty human being. Even with all the emojis, your comment is in extremly poor taste. Could you at least consider you're writing about somebodys son? You don't have to like Ross but you should have some respect for his mother 'cause it's likely she's reading this
I think this is sarcasm, but it comes off the wrong way completely. I downvoted just because I think others will not get it.
Thanks for sharing this Lyn.
Thanks for reading it!
@rossulbricht I applaud your strength and determination. This fight pales in comparison to the David and Goliath story. I hope that in Ross' appeal, the govern. allows or rather throws out "Contaminated Evidence" used against Ross. What I refer to here is the story behind the Agents that were part of the investigation against Ross, and yet these same agents committed crimes under Color of Authority stealing Bitcoin from the Silk Road and who knows what they did during this investigation in order to conceal this crime and possibly "sink" Ross to a Life sentencing.
I also would hope that the judges own words could be used against his sentencing/conviction during his appeal. Judges are not perfect and can make mistakes, I have seen it with my own eyes. In fact, as a liaison of a state court, I have been asked by a judge "What do I do Next?" during a criminal case. So some judges, in fact, don't even know what they are doing when on Bench.
Yes, there is much corruption and tainted evidence. Just found out Bridges was working for the NSA while investigating Silk Road. New info keeps coming out. And yes, we hope and pray the appellate court will reverse Ross' convictions, in the light of tainted evidence, illegal warrants, etc.
WOW! (about Bridges)...... In light of this new evidence, does the legal team feel like a re-trial is more likely?
This is just the tip of the iceberg, there's an astounding amount of corruption in this trial that keeps coming out.
Understatement. I keep waiting for the next thing to come out.
We should legalize drugs.
I've never seen any authority in the Constitution for the federal government to outlaw them.
Legalize all drugs? no fuckin way but cannabis is alright.
It's freedom or slavery Kuriko, you choose slavery?
Freedom isn't always pretty but slavery is worse.
all of them... people will stop doing them. gangs wont be able to make a profit. look up what happens when other countries have done it before the emotions. omg drugs r bad mkayyyeee
Yes he is :(
Stay strong Lyn - the way you've handled everything is really inspirational and I hope this insanity stops before Ross loses too many years.
Thanks so much. Me too, for Ross and so many others.
Whatever Ross is, he's a kind soul who is wrongly held in a cage. If you can ever think of a way people can help (rally, whatever), please post it on here. I'm sure there is no shortage.
He is indeed. I will keep everyone notified. Thank you.
There are no limits where a mother can go to protect her child...
It's amazing how you stay strong and keep fighting for justice, while so many others would just give up!
God bless you
Yes, we moms have to keep fighting. No giving up! Thank you.
Dear Lyn,
I never had a priviledge of meeting Ross but from everything I've learned about him and heard from people who had at least brif encounters with him, I can only tell say you've raised one magnificent human being.
I hope the strenght you're blessed with will never leave you.
"Some birds aren't meant to be caged. Their feathers are just too bright. "
Ross is a wonderful person. I plan to write a post with video, etc. showing that. I hate how he's vilified on the internet and in the media by people accepting the government narrative who don't even know him.
I believe so, I posted this about you son a couple of weeks ago and I still stand by it.
I remember seeing your post. Great minds think alike! I also remember that UN video and you're right, haven't seen it since right after Ross was arrested. I don't think I saw the others at all. hmm, wonder if it's possible. Wonder who messed them up.
I would love to see it, if you could ever find it. It is something I have always wondered about and I hope you know that we are on your side, regardless of guilt, because who isn't guilty of something now days :)