But now we're playing legal tricks here. The real question would be if Ulbricht was willing to have people killed or not, regardless of what the defense can claim.
EDIT: just to be clear. Legally, I think it makes a big difference if someone decides to have someone else killed, tries to hire an hitman and that hitman turns out to be a policeman in disguise vs a policeman in disguise telling you "there are people doing something that is bad for you, should I kill them?". And it is perfectly right that the second case is crossing a line. But form a moral perspective, if someone answers "yes" in the second case, that still tells us a lot about that person, regardless of whether those people existed or not. The important thing is that those people were real in this person's mind.
lmao
If that isn't conspiracy to murder, I'm not sure there is anything that would qualify.