Trump Civil Trial, Genocide Case Against Israel, A New Way to Invest in Bitcoin

2024-01-11 00:13:59

NPR's Up First is the news you need to start your day. The three biggest stories of the day, with reporting and analysis from NPR News — in 10 minutes. Available weekdays at 6:30 a.m. ET, with hosts Leila Fadel, Steve Inskeep, Michel Martin and A Martinez. Also available on Saturdays at 9 a.m. ET, with Ayesha Rascoe and Scott Simon. On Sundays, hear a longer exploration behind the headlines with Ayesha Rascoe on "The Sunday Story," available by 8 a.m. ET. Subscribe and listen, then support your local NPR station at donate.npr.org.<br><br><em>Support NPR's reporting by subscribing to Up First+ and unlock sponsor-free listening. Learn more at plus.npr.org/upfirst</em>

5Speaker 5
00:00.00 – 00:02.20

We're in the studio. This is amazing.

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A. Martinez, we're in the same...

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First time ever.

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It's incredible. We're in the same studio.

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We have hosted together, I don't know how many times.

1Speaker 1
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It's like Dreamgirls.

00:10.94 – 00:13.32

One night only. One night only.

3Speaker 3
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Ha ha ha ha.

5Speaker 5
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Former President Trump said he'd give his own closing argument in a civil trial.

1Speaker 1
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Now the moment has arrived. He will not.

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But lawyers will argue the case of inflated real estate values.

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How's this fit with other cases against him?

5Speaker 5
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I'm Steve Inskeep with A. Martinez, and this is Up First from NPR News.

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South Africa brought a case against Israel at the International Court of Justice,

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and court proceedings begin today.

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What would it take to prove the allegation of genocide against Palestinians,

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and who would hold Israel accountable?

1Speaker 1
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Also, federal regulators approved some investment funds that are based on Bitcoin.

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Cryptocurrency is pretty famous for grifters and scams.

00:55.98 – 01:00.54

Now the SEC says certain exchange-traded funds meet its standards.

01:00.68 – 01:02.64

Could that draw more people to the industry?

5Speaker 5
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Stay with us. We've got the news you need to start your day.

2Speaker 2
01:11.92 – 01:15.56

Support for this podcast and the following message come from WISE,

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the app that makes managing your money in different currencies easy.

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With WISE, you can send and spend money internationally at the mid-market exchange rate.

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3Speaker 3
01:32.18 – 01:35.64

On the TED Radio Hour, MIT psychologist Sherry Turkle.

01:36.06 – 01:41.58

Her latest research into the intimate relationships people are having with chatbots.

01:42.04 – 01:49.18

Technologies that say, I care about you, I love you, I'm here for you, take care of me.

01:49.56 – 01:52.70

The pros and cons of artificial intimacy.

01:52.70 – 01:55.32

That's on the TED Radio Hour from NPR.

1Speaker 1
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Lawyers for New York State and for former President Donald Trump present closing arguments today

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in the trial involving his business practices.

5Speaker 5
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Trump had initially said he wanted to argue on his own behalf in court today.

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What we're now expecting is a little less dramatic than that.

1Speaker 1
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NPR's Andrea Bernstein has been covering the case.

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Andrea, so which of his many court cases is this one?

3Speaker 3
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This is the case where the New York Attorney General says Trump made hundreds of millions of dollars

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by repeatedly lying about the value of his properties, like his triplex in Trump Tower,

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which he claimed was worth three times as big as it actually was.

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About $300 million more than it actually was worth.

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This is important because banks and insurance companies made financial decisions

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based on these false statements.

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Even before testimony began, the judge ruled that Trump had committed

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persistent and repeated fraud.

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So think about that.

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We have the leading candidate for the Republican presidential nomination,

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who a judge has found lied over and over to illicitly profit.

1Speaker 1
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All right, so what's on the line today?

3Speaker 3
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So there are six more causes of action to be decided.

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They involve conspiracy, insurance fraud, and falsifying documents.

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The Attorney General says Trump made $370 million more than he should have

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because he lied and that he owes that back to New York.

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The number actually went up after the trial testimony from $250 million.

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And the New York AG wants Trump permanently banned from doing business in New York

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and for his older sons, Don Jr. and Eric, to be barred for five years.

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But Trump's lawyers say no one was harmed.

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The banks made out and that the AG didn't prove her case.

1Speaker 1
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Okay, Trump was supposed to, or at least planning to, give his own arguments.

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What happened to that?

3Speaker 3
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So we've been through this a few times already in this trial.

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In an email chain released by the court yesterday,

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Trump's lawyers said he'd be making arguments on his own behalf.

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The AG objected and the judge said,

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that's not really the normal course of business,

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but okay, Trump can speak if he sticks to the same rules as his lawyers,

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making legal arguments, not disparaging people or making a political speech.

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And Trump's lawyers said, nope, we don't agree.

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So the judge said, no dice.

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After that, Trump's lawyer, Alina Haba, said,

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is anyone surprised anymore?

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That's a statement that can work on a lot of levels.

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As of now, we don't expect Trump today.

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He was in Iowa last night at a town hall.

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But we expect a day of arguments followed by a verdict in the next few weeks.

1Speaker 1
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Yeah, but Trump has another trial in New York next week.

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What's that one about?

3Speaker 3
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So that is the second defamation case brought by writer E. Jean Carroll.

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Last spring, a jury found Trump had sexually assaulted her

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and then defamed her and awarded her $5 million.

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There were two major incidents of defamation and two cases.

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That was the second case, which for complex legal reasons,

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was the first to go to trial.

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This trial, starting Monday, is for the first instance of defamation,

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when Trump as president said, quote, she's not my type.

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And as the judge in the case put it this week, quote,

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the fact that Mr. Trump sexually abused, indeed, raped Ms. Carroll

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has been conclusively established.

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So the only issue is how much money Trump owes her.

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It's expected it could be tens of millions of dollars more

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since the first instance of defamation is the one that really affected her reputation.

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So we could also see a verdict in that case sometime this month.

1Speaker 1
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All right. Thank you. That's NPR's Andrew Bernstein. Thanks.

3Speaker 3
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Thank you.

1Speaker 1
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One other note about the former president.

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He has fewer rivals for the Republican presidential nomination.

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Chris Christie dropped out yesterday and endorsed none of Trump's other opponents.

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Christie had been far more vocal than others in calling Trump unfit for office.

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We're following a court proceeding today at The Hague in the Netherlands.

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That city is home to the International Court of Justice,

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part of the United Nations.

5Speaker 5
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And that's where South Africa brought a case against Israel,

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alleging genocide against Palestinians.

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The filing asked the court to order a stop to the war in Gaza

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as a provisional measure while it decides the case.

1Speaker 1
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NPR's Rob Schmitz is covering the case, joins us now from Berlin.

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Let's start with what South Africa is alleging in this case.

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What evidence does it present for Israel committing genocide?

4Speaker 4
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Yeah, South Africa filed an 84-page application to the court,

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and it writes that Israel has engaged in and failed to prevent

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or to punish acts and measures which are genocidal,

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constituting flagrant violations of Israel's obligations

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under numerous articles of the Convention on the Prevention

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and Punishment of the Crime of Genocide.

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And that would include, according to South Africa,

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killing Palestinians in Gaza,

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including a large proportion of women and children,

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which it estimates to account for around 70% of the more than 23,000 fatalities,

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according to the Gaza Health Ministry.

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Israel's military response followed the Hamas attack on October 7,

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which killed 1,200, according to Israel.

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South Africa also accuses Israel of causing the forced evacuation

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and displacement of around 85% of Palestinians in Gaza,

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as well as causing the wide-scale destruction of homes,

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villages, and refugee camps in Gaza,

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preventing a significant proportion of the Palestinian people

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from returning to their homes.

1Speaker 1
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When it comes to a charge of genocide, Rob, what's the burden of proof?

4Speaker 4
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Yeah, from legal experts I'm speaking to, it's going to be difficult to prove.

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And that's because the legal definition of genocide depends on proving intent.

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I spoke with Gleyda Hernandez,

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a professor of international law at Leuven University in Belgium,

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who is also the president of the European Society of International Law.

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Here's what he said.

2Speaker 2
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Genocide is not a crime that just exists by virtue of an act.

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There is specific intent that must be proven.

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You must prove the desire to exterminate a group

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by reason of one of the characteristics.

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Race, religion, nationality.

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Israel's strongest defense is likely to be

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to suggest that the evidence does not establish intention

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on the part of Israel or its organs to commit genocide.

4Speaker 4
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And Hernandez says that even if some of Israel's acts against Gaza

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might be prohibited under international laws that deal with armed conflict,

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they may not constitute genocide,

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because Israel will likely say they're taking in self-defense,

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and international law does allow a state to defend itself.

1Speaker 1
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What's Israel saying about this?

4Speaker 4
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Yesterday in a press conference with U.S. Secretary of State Antony Blinken,

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Israel's President Isaac Herzog said this.

5Speaker 5
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There's nothing more atrocious and preposterous than this claim.

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Actually, our enemies, the Hamas and their charter,

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call for the destruction and annihilation of the state of Israel,

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the only nation-state of the Jewish people.

4Speaker 4
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And Herzog also pointed out that the Convention Against Genocide

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was enacted by the international community after the Holocaust,

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modern history's defining act of genocide,

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which was committed against the Jewish people.

1Speaker 1
08:49.36 – 08:51.16

All right, so what happens today and what happens after?

4Speaker 4
08:51.70 – 08:55.28

So the court will hear South Africa's case today and then Israel's case tomorrow.

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A ruling may not come for years.

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What may happen within weeks or months, though,

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is that the court could issue a provisional ruling,

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similar to an emergency injunction.

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So, for example, the court might direct Israel to refrain from its attacks on Gaza,

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anything that would aggravate this dispute.

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But another legal scholar I spoke to told me that enforcing this is really difficult,

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and Israel could very well ignore it.

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States typically only comply with the court's provisional rulings

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in around half of all cases.

1Speaker 1
09:21.92 – 09:24.24

That's NPR's Rob Schmitz joining us from Berlin.

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Rob, thanks.

4Speaker 4
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Thank you.

1Speaker 1
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Cryptocurrency has attracted many scams and grifters,

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but has also now won some approval from regulators.

5Speaker 5
09:39.64 – 09:44.20

Yeah, the U.S. government just gave the green light to a Bitcoin ETF.

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ETF.

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That's a new kind of cryptocurrency investment fund that debuts today.

1Speaker 1
09:49.26 – 09:51.06

NPR's David Gurra joins us now.

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David, Bitcoin ETFs.

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The ETF stands for exchange-traded funds.

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What is it?

2Speaker 2
09:56.12 – 09:59.54

Yeah, so basically this is a way for people to invest in Bitcoin,

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of course, the world's oldest and most popular cryptocurrency,

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without having to own any actual Bitcoin.

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So stay with me here.

10:06.70 – 10:08.88

Exchange-traded funds or ETFs are very popular.

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This is a $7 trillion industry.

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A lot of people have them in their portfolios.

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And in general, what they do is track common investments like stocks and bonds.

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But the ones that just got clearance,

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these new ETFs are going to track the price of Bitcoin.

10:22.46 – 10:24.24

The SEC just approved about a dozen of them,

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and they start trading on U.S. stock markets today.

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Now, people in the crypto industry had been hoping for this for years.

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There was a lot of buildup.

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In fact, in the last year, Bitcoin's price shot up more than 150%.

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And there were more twists and turns this week.

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One day before the decision,

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someone caused a real frenzy by hacking into the SEC's account

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on the social media site X, formerly known as Twitter.

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That, by the way, now is something the FBI is looking into.

1Speaker 1
10:50.40 – 10:53.88

But what's behind the excitement over this new kind of crypto investment?

2Speaker 2
10:54.42 – 10:56.74

Yeah, the true believers, along with some big money managers

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like BlackRock and Fidelity,

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they said this is going to be a way to get more people into crypto.

11:01.60 – 11:04.22

Of course, buying Bitcoin has gotten easier in recent years,

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for better or worse, but it still takes a few steps to do it.

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You have to use a specialized exchange.

11:09.20 – 11:10.20

It's kind of complicated.

11:10.20 – 11:14.10

Brian Armour is an analyst with Morningstar who follows the world of ETFs,

11:14.16 – 11:18.38

and he told me these new ETFs will make the barrier to entry much lower.

11:18.48 – 11:21.40

So there's no signing up with a crypto exchange, managing a wallet,

5Speaker 5
11:21.96 – 11:24.98

God forbid losing your private key to whatever Bitcoin you own.

2Speaker 2
11:25.30 – 11:27.34

Companies see a lot of opportunity here, A,

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but regulators have been wary of this.

1Speaker 1
11:29.46 – 11:31.52

So about those regulators, why give the green light now?

2Speaker 2
11:31.96 – 11:33.38

Well, they were kind of left with no choice.

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One crypto company took them to court

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because they felt the SEC didn't give them a fair shake, and it won.

11:38.56 – 11:42.46

Now, Sarit Markovic is a professor at the Kellogg School of Business at Northwestern,

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and she says what's really valuable here is the legal clarity

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that comes from what the SEC has done.

3Speaker 3
11:48.18 – 11:52.08

Here, we're finally at the point where the regulator

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is willing to kind of give us clear guidance

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in terms of what's legal and what's not legal.

2Speaker 2
11:59.34 – 12:02.22

At least with these specific Bitcoin ETFs.

12:02.30 – 12:05.24

It's evident, though, A, from this 20-something page decision

12:05.24 – 12:07.28

and from a statement from the head of the SEC

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that regulators did this, they made this decision with some reluctance.

1Speaker 1
12:10.88 – 12:11.70

Why were they reluctant?

2Speaker 2
12:12.02 – 12:14.08

Well, the chair of the SEC is Gary Gensler,

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and he has spent most of his tenure at that agency trying to rein in crypto.

12:18.34 – 12:21.36

He famously said early on, it's like the Wild West.

12:21.52 – 12:25.58

And I'll remind everyone, Bitcoin and most cryptocurrencies are very volatile.

12:26.20 – 12:28.74

Prices can move up and down a lot in a single day.

12:29.24 – 12:33.56

And, as he said, there's been a lot of unfavorable news about crypto, to say the least.

12:34.16 – 12:37.44

The SEC still has major lawsuits pending against Sam Bankman Freed,

12:37.48 – 12:39.38

that, of course, being the disgraced crypto mogul

12:39.38 – 12:41.24

who was convicted just a few months ago

12:41.24 – 12:44.64

of orchestrating one of the largest financial frauds in history.

12:44.82 – 12:46.14

He's scheduled to be sentenced in March.

12:46.52 – 12:50.02

The SEC is also suing Binance, whose founder is also looking at prison time.

12:50.54 – 12:53.94

So Gary Gensler is still very concerned about how risky crypto is,

12:54.14 – 12:55.74

and A, he emphasized that.

12:55.86 – 12:58.90

While the SEC is giving the go-ahead to these specific funds,

12:59.38 – 13:02.86

he and his colleagues are by no means endorsing Bitcoin itself

13:02.86 – 13:04.62

or any other cryptocurrency.

1Speaker 1
13:05.00 – 13:06.84

All right, that's NPR's David Gura. David, thanks.

2Speaker 2
13:07.10 – 13:07.46

Thanks, Dave.

1Speaker 1
13:11.80 – 13:15.16

And that's Up First for Thursday, January 11th. I'm A. Martinez.

5Speaker 5
13:15.54 – 13:18.80

And I'm Steve Inskeep. Today's Up First was edited by Krishnadev Kalamur,

13:19.20 – 13:22.36

Mark Katkoff, Pallavi Gogoi, and Miguel Macias.

13:22.66 – 13:26.16

It was produced by Ziad Butch, Ben Abrams, and Lindsay Toddy.

13:26.40 – 13:28.66

We get engineering support from Stacey Abbott,

13:28.72 – 13:30.68

and our technical director is Zach Coleman.

13:30.84 – 13:31.44

Join us tomorrow.

1Speaker 1
13:31.44 – 13:32.62

And one more thing before we go.

13:32.70 – 13:35.10

You can listen to this podcast sponsor-free

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while financially supporting public media with Up First Plus.

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You can learn more at plus.npr.org.

13:41.92 – 13:45.10

That's P-L-U-S dot N-P-R dot org.

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