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Home»Legal»State of Crypto: Trump’s Second First Week
Legal

State of Crypto: Trump’s Second First Week

NBTCBy NBTC28/01/2025No Comments6 Mins Read
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Donald Trump is officially the 47th President of the United States, and the U.S. government is going in some different directions from the last administration.

The narrative

U.S. President Donald Trump was sworn into office on Monday and quickly signed a flurry of executive orders. While it took him a few days to get to crypto-specific items, we’ve seen a number of actions from his administration already — not to mention the broader Republican Party.

Why it matters

These agencies and Congressional bodies’ initial actions set the tone for what we can expect as the new Congress and administration really get going this year.

Breaking it down

There’ll be time to go more into detail on some of these later, but for now:

White House/Administration

Donald Trump signed a highly-anticipated executive order on crypto. Among its provisions are items that:

  • Create a working group composed of Cabinet officials, White House advisers and others tasked with identifying regulations that address crypto and recommending whether they be changed. AI and crypto czar David Sacks will chair this working group.
  • Task the working group with evaluating a digital asset stockpile.
  • Ban any central bank digital currency, with a somewhat broad definition of a CBDC.
  • Revoke former President Joe Biden’s executive order on crypto, which mostly just directed his Departments to craft reports about various aspects of crypto and consumer protections.

Trump also announced that Sacks would co-chair his President’s Council of Advisors on Science and Technology.

The U.S. Securities and Exchange Commission, now operating under Acting Chair Mark Uyeda, formed a crypto-focused task force headed up by Commissioner Hester Peirce. Trump previously named Paul Atkins as his pick to serve as the agency’s chair, once he’s confirmed by the Senate.

One of the SEC’s first moves was to rescind Staff Accounting Bulletin 121, which directed publicly traded companies holding crypto for their clients to mark those holdings on their own balance sheets. SAB 121 was strongly opposed by the crypto industry, which argued that it made it more difficult for banks to provide certain crypto services.

The Commodity Futures Trading Commission is now operating under Acting Chair Caroline Pham. Pham named CFTC Senior Policy Advisor Harry Jung as the regulator’s lead for crypto industry engagement. Trump has not yet named a nominee to take over as permanent chair.

Trump pardoned Silk Road creator Ross Ulbricht, saying on Truth Social that he did so “in honor of [Ulbricht’s mother] and the Libertarian Movement, which supported me so strongly.” Ulbricht was convicted on criminal enterprise, narcotics distribution and various conspiracy charges and sentenced to double life in prison and 40 years with no parole.

Trump announced he would rename the existing U.S. Digital Service as his Department of Government Efficiency, the entity headed up by Elon Musk (Vivek Ramaswamy, who was previously a co-head, has now left to run for Ohio governor). Initially, the entity’s website just had the Dogecoin logo on it. Companies are also filing for dogecoin exchange-traded funds now.

Trump spoke with El Salvador President Nayib Bukele shortly after signing his crypto executive order, though an official readout of the call did not mention crypto in any form.

Senate

The Senate Banking Committee has confirmed the creation of a subcommittee focused on digital assets, led by Sen. Cynthia Lummis (R-Wyo.). The subcommittee’s other members include freshmen Bernie Moreno (R-Ohio), who unseated former Sen. Sherrod Brown (D-Ohio) with $40 million worth of support from crypto political action committee Fairshake, Ruben Gallego (D-Ariz.), who received $10 million worth of support and Dave McCormick (R-Pa.), among others.

The Banking Committee is also holding a hearing on Feb. 5, though the specific time and witness list have yet to be announced.

Sen. Ted Cruz (R-Texas) introduced a joint Congressional Review Act resolution alongside House Rep. Mike Carey (R-Ohio) to overturn the IRS’ recent crypto broker rule. The rule, finalized late last month, defines the term “broker” for IRS tax reporting purposes, but has already drawn a lawsuit from the Blockchain Association. The industry lobbyists argue the final rule “puts unlawful compliance burdens on software developers.”

Sen. Elizabeth Warren (D-Mass.), the new lead Democrat on the Senate Banking Committee, is also asking the U.S. Office of Government Ethics to look into the TRUMP token. She sent an open letter co-signed by Massachusetts Representative Jake Auchincloss.

House of Representatives

The House Oversight Committee sent out a letter announcing it would investigate whether banks de-banked crypto companies at the government’s behest.

The House Financial Services Committee has already scheduled two hearings on crypto next month. The first, on Feb. 6, 2025, will focus on the aforementioned debanking. The second, set for Feb. 11, is titled “A Golden Age of Digital Assets: Charting a Path Forward.”

The leading Democrat on the House Oversight Committee, Rep. Gerry Connelly, asked the panel’s leading Republican, Rep. James Comer, to probe Trump’s issuance of the TRUMP coin and his ties to World Liberty Financial.

  • Coinbase Asks U.S. Appeals Court to Say On-Platform Crypto Trades Aren’t Securities: Coinbase has filed its request to file an interlocutory appeal with the Second Circuit Court of Appeals, having received permission from the district judge overseeing its SEC case to do so.
  • Ethereum Core Developer Eric Conner Departs as Vitalik Dismisses Calls for Leadership Change: Ethereum and the Ethereum Foundation are going through some disagreements.
  • Vitalik Buterin Calls for Added Focus on Ether as Part of the Network’s Scaling Plans: Also relevant to that previous item.
  • Ledger Co-Founder’s Kidnapping Highlights Threat of Crypto Robberies: Ledger co-founder Davad Balland and his wife were kidnapped for ransom, and the kidnappers reportedly cut off his finger as part of the extortion scheme.
  • Real Estate Firm Propy Is Rolling Out Crypto-Backed Loans to Buy Houses: Propy is letting prospective buyers for a Hawaiian condo take out a loan by putting up collateral in bitcoin or ether.

Tuesday

  • 16:00 UTC (9:00 a.m. MT) The 10th Circuit Court of Appeals heard arguments in Custodia Bank’s ongoing case against the Federal Reserve.
  • (Sam Curry) Some security researchers discovered they could track and control certain Subaru cars (i.e. ones connected to the internet). The vulnerability has been patched, per the writer of this.
  • (Bloomberg) Walgreens spent $200 million replacing refrigerator doors with screens whose vendor is now in a legal fight with the pharmacy/convenience store chain.

Loading the first news reporter that makes a “TikTok’s tick tock” joke into a circus canon and firing them into Canada

— Jared Holt (@jaredlholt.bsky.social) January 18, 2025 at 11:35 PM

If you’ve got thoughts or questions on what I should discuss next week or any other feedback you’d like to share, feel free to email me at nik@coindesk.com or find me on Bluesky @nikhileshde.bsky.social.

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