Pro-XRP Lawyer Challenges SECs View on Hinman Speech as Personal Opinion

Pro-XRP Lawyer Challenges SECs View on Hinman Speech as Personal Opinion

Pro-XRP lawyer John Deaton argues against the SEC’s claims that the controversial Hinman speech documents represent Hinman’s personal opinion, citing the large number of emails and speech drafts and input from top SEC officials.

The founder of CryptoLaw, Pro- XRP Ripple (XRP) lawyer John Deaton, has weighed in on the controversial Hinman speech document. Deaton has argued against the SEC’s asserts that the emails and speech drafts represented Hinman’s personal opinion.

In a May 24 tweet, the attorney stated the 63 emails and 52 speech drafts are as well much to be tagged “personal opinions.”  Reports by Deaton, the speech documents contain many of input from top SEC officials and cannot be one person’s opinion.

Brief On Controversial Hinman Docs And Deaton’s Argument

The controversial Hinman documents are related to emails and speech drafts from previous SEC Director of Corporate Finance Division William Hinman. 

Hinman delivered the speech at the Yahoo Finance All Markets Summit in June 2018, where he reportedly indicated that Ether and Bitcoin are not securities.

This document has been a bone of contention between both parties in the XRP Ripple (XRP) lawsuit, with Ripple supporting its defense of the Hinman speech.

The speech documents remained sealed after the SEC produced them on October 2022 following 18 months and 6 court orders.

In a recent development, Ripple requested the court to unseal the documents while the SEC fought to keep them sealed, arguing they were irrelevant to the case. Nonetheless, Judge Torres rejected the SEC’s motion, saying the documents are subject to public access. 

Still, the SEC now argues that the documents represent Hinman’s personal opinion, whereas Deaton thinks they’re as well broad to be a single person’s opinion.  Furthermore, the documents likewise contain inputs from SEC officials which the court must consider.

Deaton added, “There are 63 emails and 52 unique drafts of the Hinman Speech. “FIFTY-TWO” That’s many of drafts and input for a personal opinion,”

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The pro- XRP Ripple (XRP) lawyer stated this while commenting on a July 2022 tweet regarding the email chain of the Hinman documents.

In 2022, Deaton revealed that the only SEC office whose input is not on the email chain is Ethics Office and Ethics Chief Danae Serrano.

Deaton’s Tweets Spark Debate Between Cryptocurrency Community

John Deaton’s latest tweet stirred reactions between cryptocurrency community members. Between those who commented was previous SEC lawyer Marc Fagel.

Fagel called Deaton’s attention to an existing SEC concept. Reports by the lawyer, any statement by an SEC official that isn’t an enforcement action or rulemaking voted on by 5 commissioners at the agency represents the speaker’s personal views. Further, Fagel requested why people have not understood the SEC’s stance on the lawsuit. 

Responding to Fagel’s comment, the pro- XRP Ripple (XRP) lawyer said people understand the concept, but the issue is the SEC is always transactional in its arguments. 

After Judge Torres ordered Hinman’s document to be unsealed, attorney James K. Filnan said both parties filed a joint letter for a one-week extension until June 13 before opening the speech documents to the public.

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