• Another chance was offered to defend itself against the SEC documents privileged argument.
• SEC, however, has been refusing to present evidence to the US court since a few months.

Ripple received another opportunity by the US court to protect itself from SEC privileged documents pertaining to XRP, ETH and BTC. This was in response their ongoing cryptocurrency lawsuit.

BOOM #Ripple offers new opportunity to present SEC documents regarding #XRP and #ETH.

GAME OVER. Sec. Have not submitted documents. Juge Told Sec 2 times. #XRP #XRPArmy #XRPHolders https://t.co/i4z65CdYHT

— XRP CAPTAIN✪ (@UniverseTwenty) December 6, 2021

However, the court made this decision based on the SEC claims that its internal documents, as well as the agency’s argument on the nature of XRP, ETH, and BTC, are protected by the Deliberative Process Privilege (DPP) in the case. SEC and Ripple both will present their arguments about DPP to the court.

In light of this decision, by December 8, 2021, the parties shall simultaneously file letter briefs no longer than three pages to supplement their arguments concerning Defendants’ motion to compel, ECF No. 289. So ordered.

But since the court-order, SEC has not been able to file any documents as evidence based on the agency’s concern over XRP, ETH, and BTC as being privileged information. Ripple already has a response to the SEC’s brief regarding the alleged privilege documents.

On the other hand, the defendant gave a brief explanation that the documents will expose SEC’s contradictions in its decision-making. This shows that the SEC didn’t give fair notice on a stance that XRP could be considered a security. Ripple’s case could have a positive chapter, even if it fails to present tangible evidence.

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