WEBVTT

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The important things that have happened recently
have been then I'm both saying it's a

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commodity and you know, doubling down
that several times, but also saying when

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it came to prometheum that he didn't
see how permethium was able to say that

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ethereum was a security because I would
up end what the CFTC has on the

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future side to regulate for eve.
And so there's a lot of confusion up

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Like, hey, Litten, whatever
the SEC and the CFTC are talking when

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especially comes to prometheum and ethereum,
there's a lot of implications here because which

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direction they go it does up end, you know, potentially a lot of

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the description. Welcome to the Thinking
Crypto podcast. You're home for cryptocurrency news

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and interviews with me. Today's Ron
Hammond, who's no stranger to the show.

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Ron is the director of government relations
at the Blockchain Association. Welcome back,

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Ron, always great being on Tony. Thanks for having me again.

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Ron. I thought of you as
yesterday the news broke of the SEC potentially

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targeting a theorem trying to classify it
as a security investigations going on or the

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Ethereum Foundation. And in addition,
two days ago the judge sanctioned the SEC

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and the debt Box case. Maybe
we could start with debt Box. What

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are you hearing in DC about what
took place here? So the Deathaoux case

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was sudden that I think are Republicans
more than the Democrats, but especially on

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the Republican side of the aisle.
We've seen them jump at before and after

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the SC got sanctioned again this week
depth Box sanctioned the SEC having a pretty

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aggressive strategy and comes to you know
what they did both to the plaintiff in

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that case, but also going after
a pretty aggressive UH form and action here.

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And that's what we saw. The
judge rebuke all the actions of the

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SEC and entered up in this current
situation where Republicans are saying, see,

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we've been saying this for years that
the SEC has been going so aggressive on

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the courts UH, and they've been
many times proven wrong. In some cases,

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they're even going above the bounds that
they're supposed to be going and that's

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really concerning here. And this sanctioning
definitely is a SoundBite that the Republicans like

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to use. Again will move the
needle one terms of policy, not as

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much, I would say, but
it also kind of adds to the beat

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of the cap and also builds the
narrative that hey, look, not only

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losing in the courts, but they're
also breaking the bounds sometimes of what they're

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legally allowed to do and they're being
called out for by the courts. Whether

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it be a Republican judge or a
Democrat judge, it doesn't matter. It

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seems to be pretty unanimous in these
cases. So I think it's another feather

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in the cap of terms of Republicans
oversight, but also again more support going

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away from Gunsler and the regime that
they've had with regulation by enforcement for crypto

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Now. I saw the SEC also
put out their budget requests for twenty twenty

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five. I saw Tom Emmer tweet
out no, so could this situation where

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the SEC's acting unlawful be used to
cut their budget or limit the amount of

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funds they would have? Yeah?
So for those are how DC works sometimes,

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So every March or so, the
presidential budget comes out. Now for

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those who understand how, you know, we're kind of always going through a

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shutdown here in Congress. We are
just or hopefully Congress will be finalizing the

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appropriations process for last year. Those
would be done in September tomorrow. So

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that we've been kicking the can down
the road, kicking the can down the

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road, and usually what ends up
happening is we kind of go with what

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the status quo was or what was
happening last year for funding levels. You

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know, usually the opposite party jumps
on these things to attack the administration.

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You know, when Trump was president, the Democrats had the House, they

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attacked it, and now we have
the Republicans in the House, Democrat administration,

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they attack it. At the end
of the day, I don't think

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it's really gonna change much. Congress
came barely keep the current functioning. Just

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unfortunately that's how it is. We'll
probably have the same levels here. But

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it does call out, you know, more about where the SEC's priorities are

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in terms of their funding levels.
You know, we've recalled a couple of

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years ago that against it was really
advocating for more SEC crypto attorneys, especially

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in the Enforcement Division, and it
looks like we're seeing a lot of that

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play out in the past couple of
years, these enforcement actions and again they

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haven't been going too well for the
SEC most recently, so you know,

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it gives more ripe to the more
biparz at scrutiny. But at the same

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time, I don't think we're going
to see, you know, the SEC

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budget go to zero or to be
diminished, especially with the Democrat administration and

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Democrats Senate to count any Republican decreases
in funding. Yeah, and that's the

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thing that's frustrating Ron. I know
a lot of people are going to watch

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and listen to this, and they're
going to say, so nothing can be

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done, you know. And my
hope is that the optics it's so bad

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for the sec the breaking the law, lying to the courts, that maybe

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more Democrats flip on Gary Gainser,
Right, Maybe that's the hope, and

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then they can vote to say,
you know what, yeah, we're not

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increasing this budget because this is a
mess exactly. And I think it's really

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the important thing to highlight here.
So it's not about you know, Republicans

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versus Democrats, and I think that's
you know, it always happens in the

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election year. Everyone kind of retreats
back to the basis and says, my

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team versus your team. But we
want to make sure, at least here

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in DC, it's not about you
know, one party, it's about one

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man, one individual that has led
an agency. That's how a crusade against

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crypto. You know, we've had
great democrats in crypto in the Bid administration.

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Take the CFTC for example, who've
already done a really good job of

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pushing back against YESC advances. And
take a theoreum for example, most recently,

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where they've doubled down said actually no, like that's our jurisdiction. This

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is our line here. We believe
and definitively say it is a commodity.

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And they set it back in the
Trump administration for the SEC, and we

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are still holding firm in the Biding
administration at the CFTC. So, you

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know, I think it's just really
important to highlight everyone does tend to get

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into these really pars and tendencies,
especially when it's a residential election year.

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But this is about one individual,
one man here, and that's why,

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you know, we've been seeing a
lot of bipars and push back and been

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encouraging that. And every time we've
seen scrity in Congress, it's like,

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hey, look, let's make sure
we bring others along, whether you be

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Democrats giving scrutiny or Republicans student scrutiny. There's combined forces here because there's a

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lot more now. Yeah, And
yesterday, Ron, we got news that

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the SEC is looking to target Etherorem
and classify as as security and there's been

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subpoenas issued investigations into the Theorem Foundation
and to your point, the CFDC just

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recently Roston Benham was talking about Etherorem
and working with the SEC, and they

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viewed as a commodity. This thing
seems to be getting very messy. I

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know it's still early, but what
are you hearing? Yeah, so I

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want to stress I just actually ran
back with Capitol Hill just now after this,

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running back over there because they got
meetings on this exact same topic.

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You know, we've been seeing this
reversal of the Ethereum, you know,

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from the him Men speech years ago
on the Garry Genzel for quite some time.

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So by no means is this shocking, and this has kind of been

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happening for quite some time. And
again also I want to stress, at

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least at this current moment on Thursday, at least, we still don't really

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have official confirmation if this is the
SEC or something else is happening at play.

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So that's kind of you know what
I'm doing back over there by the

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end of the day. You know, I think the important things that have

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happened recently have been ben both saying
it's a commodity and you know, doubling

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down that several times, but also
saying when it came to Prometheum that he

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didn't see how Prometheum was able to
say that Ethereum was a security because that

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would upend what the CFTC has on
the future side Toulate for eth and so

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there's a lot of confusion of like, hey, listen, whatever the SEC

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and the CFTC are talking. When
especially comes to prometheum and ethereum, there's

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a lot of implications here because which
direction they go it does up end you

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know, potentially a lot of present
or law here and so a that's why

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we need market structural legislation, so
we can now have to have this turf

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ward to go and play out in
real time in front of us. But

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also at the same time, I
think Congress, you know, we talked

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about how them don't do too much. I think they're going to actually more

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facilitate either more scrutiny or oversight.
You know, we have rumors of potential

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sub poena from you know, to
Genzler, from mckenry h. And I

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will say also, it has been
a couple of months since Chered Gensler has

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come in front of the House Binds
Service Committee, and sent being Committee would

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not be shocked to be coming in
the next two or three months, to

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be honest, it's usually around that
time anyway. But the timing is right

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you also think about the ETF application
in May, that deadline is coming up.

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I think there's a lot of you
know, kind of swirling about right

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now that make for a perfect time
to have a hearing. And then let's

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not forget or did the last hearing
start off with mckenry and share a Guensler

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Is he the security or not?
And I think it would be a you

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know, a beautiful and almost poetic
scene to have the e ETF right living

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on and then Shared Gunsler comes in
front of the House Find Service Committee again

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at is in my experiences, the
staffer the timing would be right around now,

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but not just because of this,
just because usually this is when charaguns

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in the SEC chairs would come in
front of Congress and Ron. We also

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saw two senators I believe they're both
Democrat, sent a letter to the SEC

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saying no more ETFs. So it
seems there's some political play here, maybe

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you know, the Elizabeth Warren pull
into strings a bit to block these ETFs

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and maybe this whole a security thing
is a smoke screen once again just to

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the delay, confuse and cause more
problems. Yeah, I did think that

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was kind of odd to see this
coming from you know, pretty senior Democrat

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senators I read, for example,
is one of the most highly ranking members

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on the Senate Bank committees, and
he's been no fan of crypto for quite

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some time, so this was on
shocking to see from him. Lafonda Butler

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attack difference, but she's also new
in the Senate. But the push was

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a on a couple of fronts.
It was it was kind of odd to

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see them recognize that bitcoin has at
least a heavily scrutinized markets in their form

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or in their words, and they
believe the market's mature enough at this point.

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But then they started using the old
reasons to deny the bitcoin et arguments

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to the ethereum side of things,
and again they I'm believing them mentioned ethereum

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explicitly, and they also referred him
as ETPs not et apps. They're really

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pushing on that, But it was
more by pushing on the A. I

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don't think the market's mature, but
B I don't like the idea that Wall

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Street is getting more involved into this
very volatile ecosystem. And usually we kind

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of see these reactions from Congress,
especially more on the progressive side, when

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there's a dip in the markets.
You know, it's usually when there's a

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bear market or things are crashing a
little bit that we have the a lot

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of the I told you sos or
you know, people are losing their money

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or more other folks are hurt than
others. But we haven't seen that yet.

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We're actually kind of in the ball
run right now, and we're seeing

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criticism right now of the ETP.
But if I were Genstler, this is

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kind of the political cover you could
probably utilize to say, I believe Congress

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wanting to deny these future ETPs,
I can now point to it and that

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among other reasons or why I'm not
going to approve it E ETF. So

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we'll see how this plays out,
but I three that more of a playle

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cover situation now. With this situation
though, in how messy you could get?

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You know, could this be the
catalysts where Patrick McHenry can rally to

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troops to at least get the bills
out of the house. Like this thing

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looks it's going to be really messy. Given the history of the theorem build

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him and all these things. Do
you think that's possible that he can say

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this once again? This could be
the catalyst, you know, I think

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it can be for a market structure
or the fit twenty one acts. You

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got to thinking, uh, you
have Secretary of Yellen at the beginning part

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of February testifying front the Senate Banking
and House Bundal Services, both of the

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committees that will be important and the
one deciding that bill moves or dies.

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She doubled down and said, we
need spot market regulation for non you know,

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for non uh securities tokens. She
wouldn't say which ones at all,

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but she would say for non security
tokens plural, not just bitcoin, because

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at least before Chair Gensler, it
just seems to be just one token is

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non security. So we have Chair
Secretary Yellen, Chair Venom from the CFTC,

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We have decent amount Democrats Unan support
on the Republican side in the House

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at least, and that's a pretty
strong, you know, groundswell of support.

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And then you have the ethereum situation
with all the news and the hype.

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You have the Wall Street forces,
crypto forces, and just the general

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mainstream watching what's gonna playing out.
And I think it's going to be a

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pert whirlwind to at least get momentum
moving, because in Congress that's how we've

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seen kind of things move. It's
just you need momentum. You need either

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a crisis, which will be see
in folks who've been post to crypto use

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crisis like whether be you know,
October seventh or the Russian vasia Ukraine to

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move their more negative legislation for the
industry. Maybe you know, a positive

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groundswell or at least scrutiny of of
the current situation can get you the grounds

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well for mckenry and those other Republicans
and Democrats to move that bill. So

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we'll see. But you know,
if you look at the chess board,

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it's really starting to form and it's
pretty starting to heavily stack on one side.

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But time is going to be the
issue. It's an election year.

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It's already hard enough to get the
government to do anything, especially Congress to

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fund their own governments. So there's
those political realities you have to operate in.

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Man, I tell you, there's
never a dull day in crypto.

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I love my job because it's never
boring, but man, yeah it is.

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It's never a dull day in crypto. Now, we got the elections

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coming up, obviously, and we
saw on Super Tuesday a good amount of

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pro crypto candidates one and some who
are aligned to Elizabeth Warren, the anti

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crypto army lass and you got,
for example, John Deeton running against Elizabeth

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Warren as well. What is your
take on what's happening in the elections.

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First off, I've been really shocked
to see just how well the pack size

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organized and they mobilize their resources and
to support again Republicans and Democrats starting,

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you know, folks who more aligned
with Warren and supporting those who want to

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be pro crypto or at least outly
pro crypto. So that's been really exciting

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to see. And I will say
after Super Tuesday has been really noticeable the

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amount of Republicans and Democrats that have
reached out to us who are candidates who

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want to just learn more about the
issue. Again, like at least for

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us at the Bough Chain Association,
like we don't you know, are getting

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money here. You know, there's
a pack and stuff like that separately,

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but they just want to know more
about the issue. And like so I've

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been briefing candidates. We had I
think five in our office yesterday. The

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guys you're going to call one after
this. Like the amount of outreach that's

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happened from both sides of the aisle
has been incredible. We're talking sentence candidates

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and House candidates, and that's been
really interesting to see. And I think

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the most exciting thing is just like
hearing how crypto has organically come up on

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the campaign trail. And you know, a lot of times they say it's

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more folks who are concerned about the
central bank digital currency and thinking that's all

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crypto, but we've had actually a
couple of candidates, actually two Democrats yesterday

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said it's actually come up organically when
they're talking to constituents about like top issues,

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you know, the borders, one
at the economy, inflation, abortion

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rights, but crypto sometimes comes up, and it's really funny here them like

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there's no way it's true. No, but these are actual stories that we're

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hearing and like, this is kind
of exciting to see. And I think

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again coinbas is at a great job
mobilizing on the educational side, so many

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other groups as well, and then
we have the pack side of the money

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that really promotes these candidates, and
I think that's been a great all round

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effort and crypto's really they come to
play. So we'll see what happens in

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November. Yeah, it's fascinating,
right Ron, because it's not the number

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one issue obviously, Like you said, there's all these things. But if

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I have money invested in crypto and
millions of Americans own crypto, I don't

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want my investment to go to zero
to be roadblock because of politicians and nonsense.

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Right, I'm gonna be upset by
that and actively looking to talk to

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my local representative and so forth.
So I could see people being strongly incentivized

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because of the money aspect, right, And we could get philosophical about a

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Metcalf's law and network effects and it's
a very different dynamic. So it's fascinating

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to watch that play out. Yeah, and let's also forget like you know,

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NFTs, for example, they've come
underneath the law screuting with the SEC

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recently, but the DNC is running
NFTs now as like a bonus there,

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Like I never thought that'd be funny. It's like, you know, you

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think you're back of your mind,
Like, yeah, the SEC is actually

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being really aggressive in this industry,
especially in NFTs recently, and then the

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DNC now promoting it as a thing. So it's it's interesting to see how

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this evolves. But I think also
just shows like a the anti crypto army,

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it's slim to none and if you're
in the you know, back camp,

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there's not been many left. And
also it's just it's steamrolling this the

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amount of of you know, great
news have been going for the industry recently,

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the court cases, the positive reaction
in the market, there's a lot

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of rounds well of just positivity here
and I think it's really good to see

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that kind of come to fruition through
a very tough bear market. A lot

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of folks put their head down and
grind it. So again, I don't

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want to take credit, you know, for anything by any means, but

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we have a long way to go. But it's been really exciting to you

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know, be positive here in DC
when it comes to crypto. Yeah.

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I was pleasantly surprised by that.
And then another interesting fact is former President

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Donald Trump, who's the Republican candidate
for this election. I found it fascinating

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that his tone has softened. He's
gone more neutral versus back in twenty nineteen

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when he tweeted out, I am
not a fan of bigcoin in crypto.

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This time around, he's has a
Bitcoin Ordinals, you know, selling accepting

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bitcoin and crypto. That is just
a big surprise for me as well.

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And like, the one thing that
I've always consistently seen is that when a

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member of Congress, you know,
tweets especially tweets, are engaged on crypto

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and they look at their Twitter,
it has been like, wow, that's

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a lot of reaction there, and
the usually don't get that kind of reaction

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for anything I post on Twitter unless
it's really controversial. And there's that.

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I think there's actually a pretty decent
amount of folk who are paying attention to

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this, and I think that's been
been more happening for you know, Trump.

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I think I'm on social bike,
you know. I'm sure he'll probably

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saw a little of that, but
we saw a lot of folks, like

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a Veck for example, really kind
of more engaging on crypto. Even after

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they're done being considered a nominee,
they're still engaging on it. And from

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my sources I heard Veca is really
important at least in the Trump campaign to

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get you know, get more folks
aligned on the pro crypto side. I'm

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sure there's several other forces at play. But again that's just you know,

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that's we've seen the evolution here.
It's still a long way to go for

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Trump. You know, I'm still
hopeful for the buying side things, especially

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when we have good folks like Chair
Benham. But you know, we'll see

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it's an election year, so things
can get really parson and our hope is

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that this is not one of those
issues. What are your thoughts on that

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John Dundeeton running against Elizabeth Warren.
I think it's great. I think,

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you know, a it puts the
pressure on her b you know, it

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kind of has to make her defend
her position, not only again on crypto.

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I've seen John, you know,
going after several issues I from more

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over his background and you know how
he grew up in poverty and welfare and

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was to be used as a child, like you know, he has personal

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stories to really really back this up. That doesn't speak to just to hate

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just crypto, because obviously there's a
many other issues that folks gravitate towards.

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And I think it's really good to
a just kind of show that that's one

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side of his message, and he's
really shown that there's other sides of him

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as a person, but also what
he stands for. So I'm really excited

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to see that. I'm also always
excited to see LIZEB. Warren having to

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defend her anti crypto position, and
we're even seeing her media reporters being a

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lot more faarable recently, at least
in the line of questioning about the industry

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as a whole. And I think
it's a FTX has kind of gone to

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the back burner in terms of everyone's
mindset. I'll probably restart pretty soon the

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sentencing begins, as well as for
CZ, but overall, I think that's

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kind of the FTX is kind of
now fade to the back mind here,

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and now folks are saying they're still
here, They're still kicking, and actually

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not just kicking, they're thriving.
And so what do you have to say

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in center Warren and other skeptics for
you know, landbassing this industry, do

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you still hold that view? And
I think it's really encouraging to see,

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and that's thanks to John Deton and
several other are getting pro crypto candidates from

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all sorts of you know, walks
of life and ployal spectrum. Yeah,

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and what We've also seen is that
the crypto industry. I don't know where

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what was the tipping point, but
I see a lot of them countersuing the

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SEC. We got like random crypto
exchanges like leg Alex out of Texas all

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of a sudden popping up, tell
us what is a security what's not?

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And I really appreciate that. And
the cracking, like cracking the exchange and

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coin base. They have lawsuits going
against the SEC. What are your thoughts

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on the industry going on the offensive. I think it's this is the one

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area we can go in the offensive
right now. I mean Congress again,

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we have a lot of good pro
crypto champions, but we don't into politics

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issues, and you know, the
courts do take time. But it has

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been going to the grounds well and
a lot of folks realizing, hey,

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our arguments are winning here. And
now we also have you know the back

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or other you know, engaged players
like black Rock or Fidelity who have a

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lot more big stake in the game. And there's several others like bn y

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Melon who want to get even more
in the game, but the SEC and

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others are preventing them, like SAP
one twenty one. So I think it's

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just there's a there's a lot of
uh, you know, excitement, and

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folks want to get into the space
those who have usually done pretty well,

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uh, at least especially recently,
And so there's still a lot of barriers

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though, and a lot of those
barriers are again put up artificially, sometimes

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by one man, and folks who
feel a lot more bold and saying those

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court cases they're getting, they're losing, not only in crypto, they're losing

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stop buybacks, a few others recently. So there's other issues where like he

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keeps folding and losing, and the
courts have now been kind of the hot

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spots to really engage or going the
offensive. I'm really hoping that changeses soon

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because I'd rather have it also come
from the policymakers with the bolts to represent

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us too, at least right now, that's where we have to go on

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the offensive. Yeah, and to
your point, like Congress needs to act,

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but it's also pretty sweet to see
someone like Gary Gainster get embarrassed in

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the courts and the headlines that follow
that. So you know, this is

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this is the part of the cycle. So but that's politics for you too,

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sure, Okay, So final item
here. You mentioned that potentially we

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could see Gary Gainster go before Congress
the House Financial Services Committee soon. Is

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there any other hearings that might be
related to crypto coming up? So,

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Carress is in two week recess,
after they fund the government hopefully tomorrow,

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and then after they come back from
the recess again recess being campaigning or trying

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to talk to voters and constituents.
Then we're going to probably have a hearing

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in the Senate Bank Committee center.
Sharon Brown called for a hearing with Wallyadamo.

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He's the Deputy Secretary over at Treasury
who announced that our Blockchain Association summit

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back in November, a variety of
extensions to sanctions for crypto as well as

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00:23:22.319 --> 00:23:26.960
things like nodes and wallets, also
trying to expand their secondary sanction authorities.

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They're going after foreign issuers of stable
coins that have US dollars, so on

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and so forth. So it was
a laundry list of things. It's pretty

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aggressive, but Sharon Brown did call
to have Waladamo in front of his committee.

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Most likely looks like April, it
could be May, but we could

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be seeing some more conversation, especially
around the anti money laundering angle. It

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seems like that's not going away by
any means, even though again we pushed

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back on Center Warren, Treasury didn't
do send a letter last week to certain

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members of Congress saying we're still looking
at to this figure and we do think

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it's not one hundred and sixty five
million that went to AMAS, but we

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want to let you know, Congress, this is still an ongoing investigative matter.

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So we'll see probably then what Treasury
finds, and they'll be probably pretty

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important hearing, so I would stay
tuned, especially in the Senate, for

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that hearing. M Ron always great
information. Thank you so much, my

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friend, Hey Tom, thanks again

