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The U.S. Securities and Exchange Commission (SEC) has provided another response to protect Hinman’s controversial speech. This letter is a response to Ripple’s defendants’ objection to a new argument from the SEC that these emails are protected by attorney-client privilege.
Hinman was not speaking on his own behalf.
The commission is still hiding internal documents related to the infamous speech about Ethereum. The SEC argues that legal advice received by then-Director Hinman from attorneys and other employees is subject to attorney-client privilege. He also argued that the sections of the final drafts and emails convey guidance on speech.
The Securities and Exchange Commission mentioned that the defendants’ response alleges that Hinman drafted and delivered the speech in his “personal capacity.” The agency draws attention to the fact that the court never stated that the speech was prepared and delivered in a “personal capacity”. However, the court ruled that the ex-director’s speech presented his “personal point of view” on this matter.
SEC Agrees to Submit Revised Draft for Review
In the meantime, the Commission had agreed to submit its proposed drafting for closed consideration if the court so decided. Earlier, the defendants appealed to the SEC with a request to provide the DPP editorial offices and documents stored in accordance with the privilege of the prosecutor’s client for verification in the chamber. The opposition added that the court should consider and decide whether the memorandums should be considered as legal advice or not.
The Commission added that even if the speech contained a personal point of view, Hinnam was not speaking in his “personal capacity”. He argues that the speech would have had nothing to do with his defense if it had not been delivered by a senior SEC official. Despite these claims, the SEC still insists that legal advice for speaking falls under the said privilege.
Earlier, Ripple’s defendants also filed a motion demanding an inadequate SEC response to their requested confessions. The letter mentions that the requests are aimed at shortening the length of the trial in the interests of both parties.
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