The two remaining defendents in the Crypto 6 case, activists and talk show hosts accused of operating an unlicensed money transmitting business in New Hampshire, obtained a legal opinion before starting their crypto sales saying it was legal for them to do so. The defense is trying to prohibit them from using it in their defense.
"Recently, the defense attorneys for me and Aria DiMezzo filed a “Notice of Public Authority Defense“, saying that we had relied on a legal memo from attorney Seth Hipple that cites the New Hampshire Banking Commission stating that they don’t regulate person-to-person cryptocurrency sales. Today, the dishonest federal prosecutors filed an objection to that and a motion to exclude the evidence, arguing that the statements of the NH Banking Commission are irrelevant to the case, since the charges are federal.
Though their primary argument is that the NH Banking Commission’s opinion is irrelevant, they later admit their real fear is the jury might nullify the charges if they knew the actions are legal in New Hampshire:
"Alternatively, if the evidence is relevant, it should be excluded under Federal Rule of Evidence 403, because its introduction would be unduly prejudicial to the government and invite jury nullification.""
Looking forward to this.
Netflix documentary on John McAfee drops 8/24
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