So basically, FinCEN telling SDNY that Samourai Wallet *did not* need a MSB license was just their "individual, informal opinion," bro.

(full story at end of post)

According to SDNY, such "individual, informal opinions" are not Brady material, and therefore SDNY has not withheld anything, mooting the defense's request for a hearing.

To the contrary, SDNY argues, that the prosecutors even handed such "individual, informal opinions" over – despite not believing that they are Brady material – "demonstrate its complete commitment to meeting its disclosure obligations."

The problem is that they may have a point citing SCOTUS overturning of the Chevron doctrine, meaning that courts are no longer required to defer to an agency's interpretation of the law.

On the other hand, when not even regulators are able to interpret the law correctly according to SDNY, it should be questionable how anyone else would be supposed to.

Full story: https://www.therage.co/sdny-petitions-court-to-deny-samourai-wallet-hearing-seeking-remedy-for-withheld-evidence/

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Fantastic 🙄

Overturning Chevron will probably be a good thing for killing the administrative state. We shouldn't have admins effectly making new law through interpretation. It'll take time to work out, but I think it will for the better.

And the legislature will finally be forced to write clear law instead of ambiguous shit that ends becoming a weapon. Maybe we end up with fewer, more concise laws.

The SDNY prosecution are acting with religious zeal, as if God himself has assigned them as the arbitrators of truth and seekers of justice. The only problem is, their idea of justice is warped beyond perception. I get the sense that they know each day of keeping Samourai and TDev muzzled and paying legal fees is a strike to the heart of private Bitcoin usage, and that this idea alone motivates these zealots to continue, even in the face of mounting evidence that they should withdraw their case.

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