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What Bitcoin Did

The US Government Vs Bitcoin w/ Zack Shapiro

5/9/2025 · 71 min · transcript via mlx

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Key topics

The Samurai Wallet prosecution represents a fundamental threat to non-custodial Bitcoin software; prosecutors are charging developers with failing to register as money transmitters despite FinCEN explicitly telling them in August 2023 that Samurai was not money transmission.

The Brady violation: prosecutors withheld FinCEN's guidance for a full year, violating the judge's two-week disclosure rule, yet continued prosecution knowing the legal theory was unsupported.

Todd Blanche's April 2025 memo from the Deputy Attorney General explicitly prohibits "regulation by prosecution" on non-custodial mixing tools, yet SDNY prosecutors have not dropped the case.

If precedent stands, running a Bitcoin node, mining, or writing open-source wallet code could all become criminal offenses under Money Transmitter law.

The Trump administration's stated pro-crypto stance and the Blanche memo create a narrow political window for case dismissal before trial momentum makes reversal harder.

Stablecoin legislation (Genius Act) is advancing as the administration's first crypto priority; it includes provisions targeting Tether while Circle is positioned as the regulated domestic alternative.

Market & price signals

None discussed.

Actionable insights

Contact your elected representatives and social media to amplify pressure on the Trump administration and DOJ to drop the Samurai Wallet case; Shapiro believes this legal window is closing and political noise matters.

Donate to the Peer-to-Peer Rights Fund to support defense counsel; the case goes to a critical Brady hearing on May 9th with the judge's response due by noon Friday.

Monitor the stablecoin bill vote and potential amendments that could introduce KYC surveillance on peer-to-peer stablecoin transfers, turning private stablecoins into de facto CBDCs.

Episode sponsorships

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