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POLITICS

DOJ uses terrorism memos to jail protesters and crypto developers

Sunday, June 21, 2026 · from 4 podcasts
  • Federal prosecutors charge ICE protesters under a terrorism directive and cite agent 'distress' as harm.
  • Career DOJ prosecutors ignore internal memos and continue targeting crypto wallet developers.
  • New bill loopholes let the government jail creators for 'intent' inferred from their code.

The Department of Justice is prosecuting fifteen Minnesota anti-ICE protesters as conspirators under National Security Presidential Memorandum 7 - a domestic terrorism directive. On Breaking Points, Ryan Grim argues prosecutors are using these charges to avoid proving specific crimes and are citing the emotional distress of ICE agents as part of the criminal harm. The indictment relies on evidence from federal informants who infiltrated the group's Signal chats, where activists discussed blockades.

"Prosecutors are citing the emotional distress of ICE agents as part of the criminal case."

- Ryan Grim, Breaking Points

Meanwhile, career prosecutors inside the DOJ are reportedly ignoring a memo from the acting attorney general meant to halt prosecutions of software developers for user behavior. Writing from prison on Ungovernable Misfits, Samourai Wallet co-founder Kione Rodriguez describes this as a bureaucratic insurgency, where line prosecutors swap charge codes to bypass the directive. Rodriguez argues the administrative state wages its own 'civil war' against crypto regardless of executive policy.

Kyle Olney, speaking on TFTC, warns this legal frontier is being codified. A new 'intent' clause in Section 604 of the Blockchain Regulatory Certainty Act would allow prosecutors to jail developers if they 'should have known' their software could be used illegally. Olney points to the Samourai Wallet and Tornado Cash cases as the blueprint; prosecutors already use unread emails as evidence of intent.

"True victory requires more than a policy shift. It requires the physical extrication of developers from federal prison camps."

- Kione Rodriguez, Ungovernable Misfits

The pattern is consistent: the state applies national security frameworks to criminalize dissent and development. In Illinois, a new 0.2% tax on all Bitcoin activity - including transfers to personal wallets - functions as a surveillance trap, forcing residents to report every private transaction or become criminals. On Rabbit Hole Recap, Marty Bent describes this as a 'failed state' maneuver.

The operational reality is that directives from Washington are irrelevant if ground-level enforcement ignores them. Rodriguez and Olney agree the crypto community's celebratory mood is premature while developers remain in prison. The fight has moved from regulatory capture to physical incarceration.

Source Intelligence

- Deep dive into what was said in the episodes

RABBIT HOLE RECAP #414: BITCOIN IS THE BEST MONEYJun 18

  • The hosts claim China's Gege Networks is developing AI tools to predict political dissent by building behavioral profiles from social media, location, and telecom data.
  • Marty argues the forced removal of Anthropic's Fable 5 model is a mix of political retaliation and a potential pretext for establishing a KYC/AML licensing regime for AI models.
  • The Trump administration is backing XAI against an NAACP lawsuit over data center emissions, framing the AI infrastructure buildout as a national security priority.
  • A leaked list reveals over 200 global elites, including tech founders and politicians, are members of Peter Thiel's secretive 'Dialogue' society, which hosts sessions on topics from cult-building to nuclear policy.
Also from this episode: (10)

Protocol (3)

  • The hosts argue the new Illinois Digital Asset Tax Act is a predatory law designed to criminalize financial privacy, not generate revenue, by imposing a 0.2% tax on all crypto transactions.
  • Marty argues Bitcoiners in Illinois should consider moving their families and businesses to friendlier jurisdictions, citing his own exit from New York as a precedent for voting with your feet.
  • A bug in Bitcoin Core v31.0’s private broadcast feature can leak a node's IP address if a V2 transport handshake fails, compromising privacy for users not routing through Tor.

AI & Tech (6)

  • Block’s new AI tool, BuilderBot, now merges about 50% of the company's production code changes, handling 1,500 pull requests per week by researching, writing, and testing code autonomously.
  • SpaceX is acquiring AI code tool Cursor at a $60 billion valuation, a move Bill Aamann argues is strategically accretive due to SpaceX's high market value attracting talent and enabling cheap acquisitions.
  • Midjourney, a bootstrapped AI image company, is developing a consumer body scanner it claims will replace MRIs, funded entirely by its $200M+ annual revenue from image generation.
  • A SemiAnalysis study found AI subscription plans are heavily subsidized, with OpenAI's $200/month ChatGPT Pro offering $14,000 in token value and Anthropic's $200/month Claude Max providing $8,000 worth.
  • The hosts warn that autonomous drone swarms represent a fundamental shift in warfare, being cheap, asymmetrical, and difficult to counter with traditional jamming or small arms.
  • Marty and Matt advise against locking business operations into a single AI provider like Claude Code, recommending agentic harnesses that allow easy model switching to avoid vendor lock-in and regulatory risk.

Business (1)

  • Robinhood is cutting 10% of its full-time workforce, about 290 roles, to flatten management and operate more efficiently as its stock lags the broader market.

Two Years In | Letter #6: Notes From The InsideJun 18

Also from this episode: (5)

Privacy (3)

  • Samourai Wallet co-founder Kione Rodriguez alleges career prosecutors defy DOJ directives to stop prosecuting software developers, swapping charge codes and tweaking legal language to bypass policy orders.
  • Rodriguez recounts his 2024 arrest with Roman Storm by 50 armed tactical agents and drones, characterizing it as a military-grade state response to liquidate non-custodial privacy tools.
  • Rodriguez contends true victory requires physically freeing developers from federal prison camps. A regulatory ceasefire is meaningless while people who built tools are jailed.

Regulation (2)

  • Rodriguez argues this bureaucratic insurgency creates a functional divide between executive policy and ground-level enforcement. Unelected career prosecutors wage a 'civil war' against crypto regardless of White House occupants.
  • Rodriguez warns recent regulatory victories are hollow while developers like himself remain imprisoned. The crypto community's failure to fund early legal defense allowed a dangerous precedent.

6/17/26: Feds Charge Anti-ICE Protesters, Vance Pressed On Epstein, AIPAC Tracker PledgeJun 17

  • Federal prosecutors charged 15 Minnesota protesters under NSPM7, alleging conspiracy to impede federal immigration officers.
  • Ken Klippenstein argues the indictment shows federal infiltration of an anarchist network and includes evidence of defendants planning blockades.
  • Ryan Grim counters that prosecuting conspiracy charges instead of specific acts of civil disobedience represents an overbroad and unconstitutional threat to free speech.
  • J.D. Vance defended Trump's relationship with Epstein on The View, asserting Trump reported Epstein to police and released files willingly.
  • The New York Times investigation presents new evidence suggesting Epstein intended suicide, citing notes, cellmate accounts, and his deteriorating mental state.
  • Ken Klippenstein notes unresolved questions remain, including guards sleeping, a missing camera, and the lack of a cellmate the night of Epstein's death.
  • Rep. Ro Khanna and Thomas Massie plan an amendment to strip Section 224 from the NDAA, which would fuse US and Israeli military production without human rights checks.
  • Khanna says no other country has a similar co-production arrangement, raising concerns about American sovereignty and human rights.
  • AIPAC Tracker launched a pledge for politicians to renounce pro-Israel lobby funding, acknowledge genocide, enforce Leahy laws, oppose foreign military fusion, and support overturning Citizens United.
  • Ro Khanna became the inaugural signer of the pledge and received a green card from AIPAC Tracker.
  • Corey from AIPAC Tracker says their brand has become toxic, forcing the lobby to use shell PACs and ads that avoid mentioning Israel policy.

#759: Open Source Is The Only Defense with Kyle OlneyJun 17

  • Kyle Olney says the passage of the BRCA and Clarity Act faces three unresolved issues: Wall Street resistance to crypto-native finance reform, problematic safe harbor loopholes for developers, and Democratic demands for ethics provisions targeting the Trump family.
  • The legislative calendar leaves less than 30 days before the election season for the Clarity Act to pass. Olney believes the current bill cannot pass due to political challenges and may not be a win for Bitcoiners.
  • Olney views the U.S. export controls on Anthropic's Fable 5 model as an escalation of the BRCA fight, extending control from software to digital identity and setting a precedent where access to essential tools depends on state discretion.
  • Olney calls for political action, urging listeners to contact Congress and demand strong BRCA developer protections while framing the fight for open-source AI as an extension of the same battle for digital freedom.
Also from this episode: (6)

Protocol (2)

  • Olney argues a carve-out in Section 604 of the Clarity Act violates the BRCA’s safe harbor. It would let prosecutors charge developers who should have known their open-source tools could aid illegal activity, a standard already used against Tornado Cash and Samurai wallet devs.
  • Marty Bent highlights the precedent set by using an unread email as evidence of intent in the Roman Storm case, arguing it shows how easily the proposed BRCA loophole could be abused against developers.

AI & Tech (3)

  • He argues the export control policy fails on two objectives: it hinders American model adoption by restricting access and cannot prevent catastrophic capabilities from leaking globally because knowledge and open-source models spread freely.
  • Olney notes Chinese AI models are only 30 to 90 days behind U.S. frontier labs. Because they are open-source and cheaper, they are becoming the global standard, especially in the Global South.
  • Anthropic's recent pricing change revealed proprietary AI models are 10 to 20 times more expensive per token than open-source alternatives. Combined with the sudden export ban, this caused Silicon Valley to reassess reliance on closed-source systems.

Business (1)

  • Olney identifies a critical flaw in the Bank Secrecy Act: its $10,000 reporting threshold, set in the 1970s, was never indexed for inflation. This now dragnets everyday transactions and erodes financial privacy.