Initially, Coinbase’s request included a broad scope that covered private communications from Gensler before he assumed the Chair role. However, after hearing concerns from the court and the SEC, Coinbase narrowed its request. The recent filing highlights the importance of Gensler’s speeches and statements regarding the regulatory status of digital assets and exchanges, which Coinbase argues are relevant to its defense against allegations that it facilitated the trading of unregistered securities.
Coinbase’s Chief Legal Officer, Paul Grewal, emphasized the necessity of obtaining this information for their defense strategy. He criticized the SEC for limiting their search for documents and claimed that the agency’s justifications of relevance, burden, and privilege were unfounded. The ongoing legal proceedings began when the SEC accused Coinbase of violating federal securities laws by listing several tokens seen as securities and allegedly acting as an unregistered securities broker since 2019.
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