The SEC is getting completely bodied up now and the fight is becoming very very one sided. The sec has bad facts on their side and the recent rulings against the emails showed the SEC’s biggest hand.
They had another delay tactic up their sleeve to prevent handing over the emails but this would have resulted in a binding ruling setting precedent.
The SEC does NOT want to risk any ruling that results in precedent going against them.
They handed over the emails.
So right now this lawsuit is wrapping up, final submissions are being made and the SEC’s argument is very weak. Multiple amicus briefs are being submitted in support of Ripple. Some of these completely destroy the SEC’s argument and highlight the fact they are not protecting investors.
So as we reach the pointy end, the SEC won’t leave this in the judges hands, even if they do then they have to deal with the fair notice defence. If those emails are as damaging as the Ripple team say, expect settlement.
They are not willing to risk it for the biscuit.
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