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2025-01-16 22:54:18"5. The government’s position is wrong and ultra vires. As a matter of plain meaning, money transmission requires control over the money being moved, which is not present when someone publishes non-custodial software like Lewellen’s. The government’s reading also extends the money-transmitting laws beyond what the Constitution allows. It makes them tools to punish the mere publication of software, rather than the later transmission of funds, in violation of the First Amendment. And it renders these laws unconstitutionally arbitrary and vague, in violation of the Fifth Amendment. 6. Lewellen needs prospective relief from this Court or else he must either not go forward with his business plan or face five years in prison. He seeks a declaration that his planned activity is lawful and an injunction preventing Defendant from bringing any action against him." UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION Case No. 4:25-cv-30 https://www.courtlistener.com/docket/69550612/1/lewellen-v-garland/