Gensler has repeatedly been saying Bitcoin is a commodity. Update from February 27, 2023:

Gary Gensler: ‘Everything But Bitcoin’ Can Be Accountable Under SEC Jurisdiction'

https://beincrypto.com/gary-gensler-everything-bitcoin-accountable-sec-jurisdiction/

"Everything other than Bitcoin," could possibly be a security, according to SEC Chair Gary Gensler.

Gensler: “Everything other than Bitcoin, you can find a website, you can find a group of entrepreneurs, they might set up their legal entities in a tax haven offshore, they might have a foundation, they might lawyer it up to try to arbitrage and make it hard jurisdictionally or so forth.”

Gensler has also claimed in the past that Bitcoin is the only crypto that could be tagged a commodity. An argument that CFTC’s Rostin Behnam has accepted to establish the agency’s jurisdiction over the virtual assets.

Due to the lack of specific legislation, the United States treats cryptocurrency as property along with several other nations. US legislators are still debating federal regulatory structures for cryptocurrencies in Congress.

Me: Yes, as Saylor has repeatedly told us why Bitcoin is : "Energized Digital Property, Money, Gold, and Energy"