Hogan is curious about the content of Hinman’s documents.
Top United States attorney Jeremy Hogan has reacted to the SEC’s recent request to seal the drafts of William Hinman’s 2018 controversial speech referenced by Ripple in the summary judgment motion.
“The SEC seeks to seal internal SEC documents that reflect non-public deliberations by SEC’s officials in connection with Director Bill Hinman’s June 2018 speech (the Hinman speech documents),” the SEC stated in its recently-filed omnibus motion to seal certain documents in connection with the summary judgment.
The SEC said it surrendered the documents to Ripple only because the court denied its opposition to Judge Sarah Netburn’s ruling that Hinman’s documents were not protected by attorney-client privilege or deliberative process.
“The SEC respectfully maintains that the Hinman Speech documents are protected by these privileges. But if these documents were to become a part of the public record, the SEC would be foreclosed from making any such argument in the future (on appeal in this litigation or other litigation), which would be highly prejudicial to the SEC,” the agency added.
Hogan’s Reaction
Reacting to the SEC’s request, attorney Hogan, a Partner at Hogan & Hogan law firm, said it “blows his mind” that the SEC is still arguing that Hinman’s emails are privileged despite losing the argument “about 100 times already.”
Attorney Hogan added that he is curious to know the content of Hinman’s documents based on the SEC’s push to keep them away from the public.
The SEC is STILL arguing that the Hinman emails are privileged despite losing that issue about 100 times already. Blows my mind.
AND makes me recurious (is that a word?) about what is in them. https://t.co/E0yRzKIXI1 pic.twitter.com/Bqc6SRgL01
— Jeremy Hogan (@attorneyjeremy1) December 22, 2022
It is noteworthy that after 18 months of legal battle and six court rulings, the SEC finally turned over the drafts of Hinman’s speech to Ripple in October.
A few days after surrendering the documents, the SEC requested to redact two drafts of Hinman’s 2018 speech. Although Hinman’s speech documents are currently with Ripple, the blockchain company has not yet released them.
Commenting on what is stopping Ripple from releasing the documents, XRP community attorney John E. Deaton said there is a protective order in place between the parties over the document.
He added that when a party marks a document as confidential, the other party cannot reveal its content to the public, as doing so would be in violation of the court’s protective order.
However, Deaton said Ripple would release the documents only if the SEC agrees or the court orders them unsealed.
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