Hinman depostion postponed to the 27th July

[HAL1000]

Edited July 16, 2021 by HAL1000

[HAL1000]

John E Deaton

I predict that the Judge will definitely have to rule on certain areas of testimony and whether those questions ask for information that is protected under the deliberative process doctrine.

[EasterBunny]

Judge Netburn said quite clearly that she was not in favor of seeing Hinman deposed twice. Both sides fully understand the legal tactics involved, and all expect that Hinman will not speak to anything under the strictest definition of deliberative process. Ripple would likely appeal to the judge that his communications to 3rd parties after the 2018 speech are NOT part of the deliberative process. Netburn would likely agree and then Hinman would be deposed a second time and forced to answer.

Judge Netburn has set precedent enough already by allowing the deposition to proceed. I'm not sure how often a 'high ranking official' from the SEC has been deposed(if ever), but I'm sure she does not want to the be the first judge to allow a 2nd deposition. The only way I see that happening is if Hinman refuses to answer questions directly related to his post speech communications with 3rd parties. He may very well may refuse to answer most other questions, and I doubt that will be enough to allow a 2nd deposition. 

I think the SEC lawyers are walking a very fine line in which questions they advise Hinman to answer. If they put up a stone wall, this will not look good on them and I expect the Judge to take action.  

[aavkk]

20 hours ago, EasterBunny said:

Judge Netburn said quite clearly that she was not in favor of seeing Hinman deposed twice. Both sides fully understand the legal tactics involved, and all expect that Hinman will not speak to anything under the strictest definition of deliberative process. Ripple would likely appeal to the judge that his communications to 3rd parties after the 2018 speech are NOT part of the deliberative process. Netburn would likely agree and then Hinman would be deposed a second time and forced to answer.

Judge Netburn has set precedent enough already by allowing the deposition to proceed. I'm not sure how often a 'high ranking official' from the SEC has been deposed(if ever), but I'm sure she does not want to the be the first judge to allow a 2nd deposition. The only way I see that happening is if Hinman refuses to answer questions directly related to his post speech communications with 3rd parties. He may very well may refuse to answer most other questions, and I doubt that will be enough to allow a 2nd deposition. 

I think the SEC lawyers are walking a very fine line in which questions they advise Hinman to answer. If they put up a stone wall, this will not look good on them and I expect the Judge to take action.  

You seem to be well informed.  Have the SEC brought forth all the documents that Ripple requested via Discovery yet?  If not, is there some kind of timeline on that?  

[HAL1000]

19 minutes ago, aavkk said:

You seem to be well informed.  Have the SEC brought forth all the documents that Ripple requested via Discovery yet?  If not, is there some kind of timeline on that?  

Ripples legal team informed the judge at the end of the deposition hearing that they have yet to receive any documents in that regard   The SEC plead deliberative process doctrine, i.e. nope you ain't getting anything, because we don't want to hand it over, you could tell on the call in, the judge was not happy about this.

[EasterBunny]

On 7/17/2021 at 4:35 PM, aavkk said:

You seem to be well informed.  Have the SEC brought forth all the documents that Ripple requested via Discovery yet?  If not, is there some kind of timeline on that?

It seems that Netburn wants to rule on all issues of deliberative process at the same time, instead of making individual rulings. She would probably prefer if both sides agree and make good on her previous rulings. I would expect an agreement or ruling and most documents to be released by the end of the month. I don't think the SEC can stall any further.