During a recent hearing, the judge saw contradictions in the SEC’s approach.

On June 7, a hearing was held intended for the SEC to clarify its position on Hinman’s emails and memos. The judge found during the hearing inconsistencies in the SEC’s approach due to claims to protect such material with confidentiality after the deliberative privilege argument was denied.

The judge asked directly during the hearing what kind of legal advice Hinman had received and why. The SEC clarified that this was in relation to digital asset laws.

However, the judge recalled that earlier this was called by the plaintiff a personal opinion. The SEC attorney noted that this was a personal opinion, but he still required legal advice for the speech.

As a result of the disputes, the judge concluded that the SEC changed its position to satisfy its interests in court. At the moment, the trial is ongoing. The hearing decision will be made at a later date.

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