JAY CLAYTON "THAT TYPE OF CURRENCY / CURRENCY / CURRENCY IS NOT A SECURITY"

[HAL1000]

 

[HAL1000]

[Danny]

On 12/13/2021 at 7:19 PM, HAL1000 said:

He didn't say he murdered somebody, the vid shows the murder. As for the DNA:-

 

Netburn recently said Hinman's speech concerned his personal views, not those of the agency.

Edited January 17, 2022 by Danny

[HAL1000]

28 minutes ago, Danny said:

Netburn recently said Hinman's speech concerned his personal views, not those of the agency.

https://www.xrpchat.com/topic/39494-bill-hinmans-speech-was-not-viewed-by-the-cftc-as-just-his-opinion/

[Danny]

13 minutes ago, HAL1000 said:

https://www.xrpchat.com/topic/39494-bill-hinmans-speech-was-not-viewed-by-the-cftc-as-just-his-opinion/

Is that a recent video?

[HAL1000]

2 minutes ago, Danny said:

Is that a recent video?

Nope - but the Hinman speech is still on the SEC website, so make of that what you will. The bigger picture is this, the SEC are playing draughts and this judge is 8 moves ahead and playing chess

This judge is a lot smarter than people may think, and she knows how this jigsaw really fits together in a legal sense, better than the SEC does. The SEC keep trapping themselves in a web of their own lies, that will eventually tear this lawsuit to shreds.

[Danny]

56 minutes ago, HAL1000 said:

Nope - but the Hinman speech is still on the SEC website, so make of that what you will. The bigger picture is this, the SEC are playing draughts and this judge is 8 moves ahead and playing chess

This judge is a lot smarter than people may think, and she knows how this jigsaw really fits together in a legal sense, better than the SEC does. The SEC keep trapping themselves in a web of their own lies, that will eventually tear this lawsuit to shreds.

That may be true and perhaps we should simply wait a little longer. All I've been trying to say in this thread is that Hinman's speech does NOT imply he reflected an official SEC policy, rule or protocol (hence my reference to "murder & evidence"). His speech being on the SEC website won't change Netburn's ruling that what he said was his personal view. 
 

[HAL1000]

1 minute ago, Danny said:

That may be true and perhaps we should simply wait a little longer. All I've been trying to say in this thread is that Hinman's speech does NOT imply he reflected an official SEC policy, rule or protocol (hence my reference to "murder & evidence"). His speech being on the SEC website won't change Netburn's ruling that what he said was his personal view. 
 

Chess not draughts, the SEC and Hinman's speech is not the real issue, to put it into the same terms as yourself, Motive, is a key driver in a murder, the judge has handed Ripple the evidence that could have been hidden by DPP. This judge is one smart cookie, now it's up to Ripples lawyers to extract that evidence from the documents the SEC, can no longer hide and prove motive. At which point, this case goes beyond the SEC v Ripple and turns the tables on the fraudsters JC and BH.

The judge already got to see those documents, so by ruling it was BH's personal opinion and not SEC policy, then some of the SEC's dirty laundry could be handed to Ripple, in a way that could not be hidden behind DPP. This is one cool legal tennis match, and the SEC have dropped the ball far more times than Ripple.

[Danny]

1 hour ago, HAL1000 said:

Chess not draughts, the SEC and Hinman's speech is not the real issue, to put it into the same terms as yourself, Motive, is a key driver in a murder, the judge has handed Ripple the evidence that could have been hidden by DPP. This judge is one smart cookie, now it's up to Ripples lawyers to extract that evidence from the documents the SEC, can no longer hide and prove motive. At which point, this case goes beyond the SEC v Ripple and turns the tables on the fraudsters JC and BH.

The judge already got to see those documents, so by ruling it was BH's personal opinion and not SEC policy, then some of the SEC's dirty laundry could be handed to Ripple, in a way that could not be hidden behind DPP. This is one cool legal tennis match, and the SEC have dropped the ball far more times than Ripple.

I'm referring to the question if what was said by Hinman in an interview, is lawful and legally valid. 

You responded to my question saying: "Either way, good luck getting a judge to see it the way you want it to be perceived, "that video means absolutely nothing judge, honest", rather than the way it actually is. JC and Hinman are both on camera appearing as SEC officials, with SEC logos surrounding them, they KNOWINGLY did this deliberately and nobody at the SEC corrected any of this at the time and now, according to the SEC, WE all have this clear communication to market participants all wrong."

I don't disagree with you that Netburn is a smart woman and the SEC has expressed huge inconsistencies and has set double standards, not at all, but Netburn did confirm that what Hinman said, IS his personal opinion, not the agency's, despite the SEC logos and all that. 
 

Edited January 17, 2022 by Danny

[HAL1000]

2 minutes ago, Danny said:

I'm referring to the question if what was said by Hinman in an interview, is lawful and legally valid. 

You responded to my question saying: "Either way, good luck getting a judge to see it the way you want it to be perceived, "that video means absolutely nothing judge, honest", rather than the way it actually is. JC and Hinman are both on camera appearing as SEC officials, with SEC logos surrounding them, they KNOWINGLY did this deliberately and nobody at the SEC corrected any of this at the time and now, according to the SEC, WE all have this clear communication to market participants all wrong."

I don't disagree with you that Netburn is a smart woman and the SEC has expressed huge inconsistencies and has set double standards, not at all, but Netburn did confirm that what Hinman said, IS his personal opinion, not the agency's, despite the SEC logos and all that. 
 

I will fall back on the WHY, why did she do that!

 

[Guest]

9 hours ago, Danny said:

I don't disagree with you that Netburn is a smart woman and the SEC has expressed huge inconsistencies and has set double standards, not at all, but Netburn did confirm that what Hinman said, IS his personal opinion, not the agency's, despite the SEC logos and all that. 

Hinman signed an sworn affidavit saying it was his personal opinion and not the SEC’s official position. This is what she’s referring to as “established”.

It doesn’t mean that the previous SEC hasn’t allowed market participants and stakeholders to take this as formal guidance. Clayton even referred to this speech as guidance in a congressional hearing.

Her statement doesn’t change Ripple’s chances with the Fair Notice Defence.

[Frisia]

12 hours ago, Ripley said:

Hinman signed an sworn affidavit saying it was his personal opinion and not the SEC’s official position. This is what she’s referring to as “established”.

It doesn’t mean that the previous SEC hasn’t allowed market participants and stakeholders to take this as formal guidance. Clayton even referred to this speech as guidance in a congressional hearing.

Her statement doesn’t change Ripple’s chances with the Fair Notice Defence

I agree with this interpretation. So the matter is formal, the policies are not written black on white as of now.

So as long as that is not the case, the "guidance" provided by the SEC, as individuals, it is legitimate to state that this can be used for internal policy making by the market participants. This is substantial and content driven without being formally approved as regulations.

The difference is subtle but cannot be ignored. A second matter, even if it were strictly personal, which is not the case, it also matters how public speaches are perceived by the market.

Edited January 18, 2022 by Frisia

[HAL1000]

 

[Danny]

On 1/18/2022 at 12:01 AM, HAL1000 said:

I will fall back on the WHY, why did she do that!

 

I love you HAL, but we're having two different conversations here. Never mind. 

[Danny]

On 1/18/2022 at 9:22 AM, Ripley said:

Her statement doesn’t change Ripple’s chances with the Fair Notice Defence.

Sure, I never thought it does or will.