The Court convened for over 3 hours, but the judge ultimately did not come to a decision on whether Roman Storm should be acquitted, stating that she had not yet made up her mind.
Most importantly, the judge indicated early on that she was not convinced of the defense's first amendment arguments.
The following discussion was based around the definition of an "overt act" as well as on the question of venue:
Does using NYC-based Infura hosting give SDNY jurisdiction over Storm's alleged criminal conduct if the hosting itself was not alleged to be part of the crime?
Do inaction or failure to act constitute behavior in furtherance of a criminal conspiracy?
Overall, Judge Failla asked much detailed questions of both sides. Whether Storm's motion for acquittal will be granted remains to be seen.
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