It not a crime because there is no federal statute about operating a tor market.

It doesnt "promote money laundering" it simply acknowledges they have customers that use their service for illicit purposes.
That isnt "promoting money laundering."

you're pretty quick to jump up and down about "marketing money laundering services"
when essentially all we have is a jpeg in the indictment and the DOJs word for it.

you're acting like they took out a full page NYT ad WASH YOUR DNM BITCOIN WITH SAMOURAI

its not the same thing.
nowhere do they "promote money laundering" or advertise for that purpose.

although I have no doubt that is what the DOJ will argue and obviously you agree with them.

also expect their defense to make similar points to what i just did.
ie,
"having criminals as customers doesnt make you one." 
"noncustodial platforms do not have KYC/AML burden"