The latest court ruling is a “very big win” for Ripple against the SEC

U.S. Magistrate Judge Sarah Netburn rejected the Securities and Exchange Commission’s motion o review the deliberate process privilege (DPP) ruling. James K. Filan, the former federal prosecutor, claims that it’s a “very big win” for Ripple in a tweet.

Ripple scores “very big win” as judge denies SEC’s motion for reconsideration of DPP ruling

The court ordered the SEC to turn over an email containing a draft of the infamous speech on Ethereum given by former top SEC official William Hinman among other documents. Back in June 2018, Hinman said that Ether, the token that underpins the largest network, is not a security, at a conference in San Francisco.

The SEC argued that the DPP protected these documents from continuing withholding them. However, the judge held that the agency staff’s personal views were not shielded by privilege. Moreover, the court defined that the emails were “neither pre-decisional nor deliberative.” Ripple then filed the motion for reconsideration and clarification to challenge that decision.

In the most recent ruling, the judge says that the SEC seeks to “minimize” the fact that it has distanced itself from the speech.

The SEC discussions regarding crypto regulations separately and parallel to the keynote. The judge stated that the plaintiff combined the emails that included those parallel discussions with those emails and edits that only mentioned them.

The court concluded that Hinman’s speech was not an agency communication, so the discussions were not covered by the DPP.

At the same time, the court has agreed that clarification will “aid the parties.” The SEC may leave or redact some of its communications from production if they contain “an essential link” to agency deliberations.

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