Defense lawyer James K. Filan has shared the latest update in the Ripple v. SEC case in a recent tweet. Ripple has filed a motion to compel the SEC to turn over notes from a meeting between its CEO, Brad Garlinghouse, and former SEC commissioner Elad Roisman.
#XRPCommunity #SECGov v. #Ripple #XRP BREAKING: Ripple files Letter Motion to Compel the SEC to turn over notes regarding a 2018 meeting between Brad Garlinghouse and former Commissioner Roisman. The SEC refuses, claiming they are privileged. https://t.co/J1xLA5kiSa
— James K. Filan 🇺🇸🇮🇪 (@FilanLaw) February 11, 2022
The SEC, on the other hand, has filed an objection to the motion, claiming the deliberative process privilege (DPP).
The SEC’s objection comes just a week after the court ordered that some records be released, according to Ripple’s filing:
Exactly one week after the court issued its ruling on the application of the deliberative in this case, following months of negotiation, letters, briefing, and argument, the SEC produced yet another privilege log listing just two documents, and asserting the DPP over both.
Attorney Jeremy Hogan, partner at Hogan & Hogan, criticized the SEC’s move, stating the agency has no tenable basis for claiming the DPP here since it conceded that the notes are not related to the Ripple investigation.
As seen below, the SEC has no tenable basis for raising the DP Privilege here since it conceded to Solomon that the notes cannot be related to the investigation of Ripple.
— Jeremy Hogan (@attorneyjeremy1) February 11, 2022
Ripple says the SEC argued that Garlinghouse won’t need the notes since he was part of the meeting. Ripple further stated that contemporaneous meeting recordings provided to the SEC demonstrate that the Ripple boss had departed the meeting, forming a belief that the SEC had recognized the legal “purgatory” posed by regulatory ambiguity.