US Department of Justice: indictment against Tornado Cash has nothing to do with "freedom of speech"

On May 11, the Department of Justice explained why Tornado Cash founder Roman Storm's motion to dismiss the criminal case was invalid. The Department of Justice reiterated that its indictment has nothing to do with whether Tornado Cash's computer code is free speech or protected by the First Amendment Constitution, and that the defendants were not prosecuted for publishing the computer code, but for using it to promote profitable illegal businesses.
Similarly, the Justice Department explained that banks use computer code to process financial transactions. If that code performs the work of a money transmitter as defined by law, then that code is not just free speech, but computer code that humans must ensure is implemented in a way that does not violate money transmission laws. Tornado Cash is both part of the code, part of speech, and part of commerce. Overall, it is a human creation. Storm did more than release the code; he ran a business and made operational decisions over the years.
The Justice Department said Tornado Cash's agreement is not equivalent to Tornado Cash's business. Just because Tornado Cash has some open-source code does not mean that Roman Storm, as the owner of the Tornado Cash business, is constitutionally protected for all actions involving that code. The Justice Department focused on Storm's purposeful actions. Specifically, prosecutors focused on allegations that he knowingly ran an alleged money laundering business that generated more than $1 billion in ill-gotten proceeds for him to launder more than $1 billion in alleged criminal funds.