Attorney Deaton and Ripple CTO David Schwartz do not think a settlement will stop the public from accessing Hinman’s documents.
Judge Analisa Torres’ decision on Hinman’s emails has prompted discussions and speculations within the XRP community. Recall that on May 16, Judge Analisa Torres denied the SEC’s motion to seal the emails and drafts relating to the controversial 2018 cryptocurrency speech by William Hinman, former director of SEC’s Corporation Finance.
According to the court’s ruling, the drafts of Hinman’s speech are expected to be made public on June 13. Despite the ruling, several XRP enthusiasts still speculate that the commission might settle with Ripple to prevent the documents from being made public.
Ripple CTO Reacts
However, Ripple CTO David Schwartz does not believe the blockchain company has the authority to agree to keep the documents confidential.
According to Schwartz, Judge Torres has already ruled that Hinman’s emails and drafts are judicial documents, and the public’s right to access outweighs all other factors, including a settlement between Ripple and the SEC.
Schwartz made this known in response to a discussion by prominent XRP community member and acclaimed crypto sleuth Mr. Huber.
“I am not a lawyer, but I don’t think Ripple can agree not to make them public…”
I am not a lawyer, but I don't think Ripple can agree not to make them public. The judge has ruled that they're judicial documents and that no factors outweigh the public's right of access to them.
— David "JoelKatz" Schwartz (@JoelKatz) May 28, 2023
In a tweet yesterday, Mr. Huber commented on Deaton’s previous remarks that Coinbase could request access to Hinman’s emails if Ripple agrees not to make them public. Mr. Huber doubts Coinbase would willingly want to get close to anything connected to Hinman’s emails. He noted that the American exchange was already involved in the controversy surrounding Hinman’s documents.
Deaton Agrees with Schwartz
Interestingly, pro-XRP lawyer and CryptoLaw founder John Deaton also joined the conversation. Deaton agreed with Schwartz’s opinion on the matter. He emphasized that Hinman’s emails would be unsealed irrespective of whether Ripple settles with the United States Securities and Exchange Commission.
David is correct. Even if Ripple and the SEC settled today, the emails are coming out. @RoslynLayton’s motion to intervene (to obtain the emails) was ruled moot b/c the emails are being unsealed. If the case settled today, the judge would need to revisit her motion.
— John E Deaton (@JohnEDeaton1) May 28, 2023
According to Deaton, the motion filed by Forbes Contributor Roslyn Layton to obtain Hinman’s emails was ruled moot because the documents were being unsealed.
The prominent lawyer asserted that Judge Torres would revisit Layton’s motion if the SEC settles with Ripple and agrees not to release the emails publicly.
Deaton speculates that other media outlets will also file different motions to access the documents. In addition, the pro-XRP attorney believes other litigants like Dragonchain will still get access to the documents even though Judge Torres denies Layton and other media outlets’ motions requesting access to Hinman’s emails.
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