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> Am I reading this right? Fortunately, no. The article explains it better than I could: > That argument may seem like a Catch-22. If Ulbricht were to claim

> Am I reading this right? Fortunately, no. The article explains it better than I could: > That argument may seem like a Catch-22. If Ulbricht were to claim ownership of that server he would seem to incriminate himself. But Forrest writes that Ulbricht could have nonetheless claimed the server in a pre-trial statement that couldn’t be used against him as evidence. “Defendant could have established such a personal privacy interest by submitting a sworn statement that could not be offered against him at trial as evidence of his guilt (though it could be used to impeach him should he take the witness stand),” she writes. “Yet he has chosen not to do so.”

zo1 12y ago
That sounds completely broken. So he has to "pre-trial" admit to owning the "evidence" or "tool of committing the crime", or something. Thereby admitting "guilt" without it being admissible in court later on. So then, everyone knows he's guilty, because he admitted it, but they can't "prove it" because of a technicality of using that evidence. The reason that sounds broken to me is that he has to first admit guilt in order to defend some "noble" right to privacy that'll allow him to be acquitted. If he does that, his entire life is ruined because he will forever be tainted in the media and law-enforcement as "guilty, but got away due to a technicality". They will never stop hounding him, and will actively put him under their investigation spot-light for his entire life. This applies whether he's actually guilty, or not.