Crypto expert Ashley Prosper highlights conditions that could encourage judge Analisa Torres to override her decision in the case between the SEC and Ripple.
Last week, Judge Torres surprised the wider crypto community, particularly XRP holders, by rejecting a party’s claim for a directive ruling to settle the case under conditions different from the final verdict.
The judge imposed a $125 million fine and a permanent injunction against Ripple after breaching the securities law. However, the parties agreed that Ripple should only pay $50 million, not a $125 million fine.
Following the agreement, the parties sought an orderly sentence from the judge to approve the settlement. However, she denied the movement, highlighting the procedural flaws of the movement.
How to invalidate Ripple’s final judgment to Judge Torres
As the parties were expected to redesign the motion in the coming weeks, Prosper suggested the judge how to easily evacuate the final decision.
Submitting classified evidence of federal interests to XRP
According to Prosper, sealed or classified evidence showing the federal government’s important interest in XRP could encourage judges to reconsider. He noted that such evidence is personally reviewed due to its secret nature.
For example, documents from the US Treasury Department support the role of XRP in the proposed National Cryptocurrency Reserve. Another example is the DOJ security briefing warning that continuing the lawsuit will undermine any significant financial or diplomatic operations.
If the parties provide any of these documents, Prosper believes that Judge Torres tends to destroy her sentence in honor of national interest.
Federal Enforcement Division Intervention
Another factor that could encourage Judge Torres to reject her decision is whether the federal enforcement department, like the Treasury and the Federal Government, directly asks to file an outline of Amicus in cases and reconsider her stance on the lawsuit.
For example, if the Treasury argued that XRP is essential to the country’s financial infrastructure, it could invoke legal principles such as Chevron’s respect.
Although rare, Prosper pointed out that courts in the past have negated judgments when the administrative department intervened, particularly when it involved financial stability or diplomatic relations.
He emphasized that Judge Torres could reverse her verdict if legal basis moved because the restructuring of XRP as a sovereign-level asset and demonstrated that Ripple’s fines and injunctions could interfere with the actions of the Fed or Treasury, so that Judge Torres could reverse her verdict.
If the judge leaves her ruling for this reason, Prosper believes that XRP can move from mere to a state-integrated financial bridge.
Meanwhile, some community members have rejected these perspectives as highly speculative and unlikely.
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