The U.S. Securities and Exchange Commission (SEC) has submitted an official response against an “Emergency Request to Present Decisive Evidence” in the active lawsuit against Ripple Labs.
Filed last week by a man named Justin W. Keener, the request sought to allow Ripple to submit further evidence which presumably supports its defense. In a letter on April 8, 2025, however, SEC attorney Benjamin Hanauer requested Judge Analisa Torres reject the filing in its entirety.
The SEC gives three main objections to rest its judgement in its letter. First, the agency argues that the court lacks jurisdiction — this case is pending on appeal in the Second Circuit as of now. Such matters — including remedies and summary judgment — are beyond the authority of the district court once an appeal is pending, according to legal precedent cited in the letter.
Second, the SEC argues that Keener did not comply with proper procedure by not filing a motion to intervene. The courts have repeatedly refused to allow evidence from outsiders who do not formally apply for and receive permission to intervene.
Finally, the SEC argues that the request is unnecessary. Ripple is fully capable of deciding whether any new evidence is relevant or helpful to its case, Hanauer argues. If the alleged “decisive” material actually relieves Ripple’s legal burden, the company itself — not a third party — must disclose that information to the court.
Now, the decision rests on Judge Torres who will consider the SEC’s opposition and decide whether to grant or deny Keener’s request. For now, the agency is calling for a full dismissal.
