Lawyers representing Tornado Cash founder Roman Storm have asked for more time to fight a filing by US prosecutors that seeks to remove their “expert” witnesses on the grounds that they could “waste time” and “confuse the jury.”
The US prosecution submitted the witness motion on June 6. In a filing submitted today, Storm’s attorneys said they need more time to oppose the prosecution’s 60-page motion that wants eight of their defensive arguments thrown out.
A total of 40 pages are dedicated to barring or limiting Storm’s five expert witnesses and one non-expert witness. The defence had planned to discuss in court various crypto topics, including the importance of privacy, tokenomics, transaction tracing, and know-your-customer protocols.
However, the government argues these testimonies are a “Trojan horse,” and that many of the witnesses will confuse and waste the jury’s time with broad and vague arguments.
Read more: Tornado Cash is safe from US sanctions, says court
Prosecutors argued, “There are multiple deficiencies in the proposed testimony, including that they are inappropriate subjects for expert testimony, lack a reliable methodology or basis in facts and data, or are irrelevant, unfairly prejudicial, and confusing to the jury.”
“The Court should exercise its gatekeeping authority and preclude such impermissible expert testimony,” they added.
Storm’s legal team wants an extra two days
Storm’s legal team asked to extend the June 16 deadline by two days so that it can respond to the government’s motion.
The government opposes this even though, according to the defence, it can still file its motions on the original due date, and that it also requested an extension if one is ever granted to Storm’s legal team.
Roman is facing multiple charges for running the crypto mixer Tornado Cash. Last month, the Department of Justice dropped a number of charges relating to operating an unlicensed money transmitting business.
It kept other charges against Storm, such as one relating to money laundering.
Read more: DoJ claims Tornado Cash indictment is not about ‘free speech’
Prosecutors are also no longer calling Tornado Cash a “financial institution,” and the defence accused the government of withholding evidence that involves communication with FinCEN employees that contradicts the initial financial institution classification.
ETH Foundation gives $500K to Tornado Cash
Storm’s recently un-sanctioned crypto mixer is seen as a bastion of privacy by many crypto proponents who believe the US charges are an overreach on coding rights.
Storm said today, “If I lose, DeFi dies with me. The dream of financial freedom, the code I believed in — it all fades into darkness.”
Hours later, the Ethereum foundation announced it’s donating $500,000 to Storm’s legal defence and will match a further $750,000 in donations from the community.
It said, “Privacy is normal, and writing code is not a crime.” Storm had just pleaded earlier this month for more donations as his legal case continues.
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