During a past campaign speech, Donald Trump made a significant pledge: to release on day one of his Presidency Ross Ulbricht, the founder of Silk Road, who is currently serving a life sentence in federal prison for facilitating drug transactions. From a libertarian standpoint, the idea of imprisoning someone for enabling consensual exchanges among adults is inherently flawed. Ulbricht’s harsh punishment should raise concerns even among supporters of the war on drugs.
Before Ulbricht’s sentencing, his lawyer made a compelling argument: Silk Road was not a more dangerous version of traditional drug markets but, in many ways, the most responsible one ever created. Despite this, U.S. District Judge Katherine Forrest was not persuaded. Yet, Silk Road did offer significant consumer protections, such as reducing the risks of arrest, black-market violence, and scams through an escrow system.
The platform also provided a measure of quality assurance for drugs, as vendors risked losing business or being removed for low ratings. Additionally, Silk Road fostered a supportive community where users could safely share information, avoiding the typical dangers of street purchases. However, Judge Forrest interpreted these benefits as exacerbating Ulbricht’s crimes, arguing that the site made drug use easier and safer, thereby encouraging it.
Ulbricht’s life sentence, especially for a first-time, nonviolent drug offense, seems excessively harsh, particularly when others involved with the site received more lenient sentences. Although the government accused Ulbricht of commissioning murders, these allegations were never proven and did not feature in his charges. Nonetheless, they heavily influenced his sentencing.
Ulbricht’s libertarian philosophy further played a role in his severe punishment. Judge Forrest saw his belief in the right to defy drug laws as a dangerous aggravating factor. His stance on personal freedom and opposition to drug prohibition were viewed as threatening to the established legal system.
Criticism of Ulbricht’s sentence has come from various political and legal corners. Prominent figures, including Ken Starr—who previously upheld a life sentence for drug possession—have called for clemency, recognizing the injustice in Ulbricht’s case.
As Trump begins his second term, his promise to release Ulbricht, who has already served 11 years, is a step toward justice. This move should be welcomed by anyone who believes in proportionate punishment, and we need to hold him to his promise of completing this on the first day of his Presidency.