He is dropping the motion for now, not forever

Sam Bankman-Fried has withdrawn his Rule 33 motion seeking a new trial, according to recent court-related coverage. Multiple reports say the withdrawal was made without prejudice, which means he is preserving the option to refile later rather than giving up on the idea entirely.

That distinction matters because this is more of a tactical pause than a final retreat. Reports say he still plans to keep that option alive depending on what happens next in his appeal.

SBF says he does not expect a fair hearing

The main reason given for withdrawing the motion is that Bankman-Fried believes he would not receive a fair hearing from Judge Lewis Kaplan, who presided over his original trial. Recent coverage says that concern was stated directly in the filing or letter tied to the withdrawal.

That argument fits with his broader legal position. He has already been challenging Kaplan’s handling of the case and previously asked for a different judge to rule on the retrial request, claiming prejudice during the original proceedings.

The appeal is still the main fight

The withdrawal does not end Bankman-Fried’s broader attempt to overturn his conviction. His direct appeal remains pending, and reports say he may revisit the retrial motion after the appeal and related issues around judicial reassignment are resolved.

So the real legal battle is still centered on the appeal, not this now-withdrawn motion. The retrial request may come back later, but only after the appeals process moves further.

Why this matters

This matters because it shows Bankman-Fried’s legal strategy is now focused on sequencing rather than making every argument at once. Instead of pushing the new-trial motion immediately before the same judge, he appears to be waiting to see whether the appeal changes the landscape first. That is an inference from the timing of the withdrawal and the fact that he kept the option to refile later.

It also keeps the fairness argument alive in public. Even though he is withdrawing the motion, he is still signaling that he believes the original court environment was stacked against him.