Storm's team trying to shoehorn Cox v. Sony Music — a civil copyright safe harbor case — into a criminal money transmission defense was always going to be a hard sell. But the DOJ pushing for an October retrial on the deadlocked counts while Treasury has already lifted the sanctions and publicly acknowledged mixers have legitimate privacy uses is exactly the kind of intra-government contradiction a sharp defense team can weaponize. April 9 oral arguments on the Rule 29 acquittal motion matter more than the retrial date — if Judge Failla tosses the money transmitting conviction, the prosecution's entire theory of the case unravels.

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