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The White House Got 'Overcriminalization' Right
The White House Got 'Overcriminalization' Right

Bloomberg

time19-05-2025

  • Politics
  • Bloomberg

The White House Got 'Overcriminalization' Right

I've been hard on President Donald Trump during these onerous early months of his second term, but when he's right, he's right. In particular, his executive order on the reduction of 'regulatory overcriminalization' pays welcome attention to a growing problem both parties have tended to ignore: the federal government's race toward making everyone a felon. Understand the point. Federal crimes are defined by Congress. Some are spelled out in the US Code. Most aren't. Instead, they're the result of rules adopted by federal agencies, which fill in the details themselves. Sounds reasonable, right? And it wouldn't be a bad idea ... if there weren't too many such administratively created rules and they were easy to find.

Trump to sign order discouraging criminal enforcement of regulatory offenses
Trump to sign order discouraging criminal enforcement of regulatory offenses

Reuters

time09-05-2025

  • Business
  • Reuters

Trump to sign order discouraging criminal enforcement of regulatory offenses

WASHINGTON, May 9 (Reuters) - President Donald Trump plans to sign an executive order discouraging criminal enforcement of regulatory offenses, in a bid to combat the overcriminalization of federal regulations, a White House official told Reuters on Friday. Trump's order is meant to ease the burden on small businesses that do not have the same compliance resources as large corporations, according to a draft the official shared. The executive order would have agencies publicly post a list of regulatory violations that can trigger criminal charges, and guidance on the circumstances under which they would refer violators for prosecution. The order would discourage prosecutors from filing charges not on the lists, and charges that do not require prosecutors to prove the defendant had criminal intent. One such law has been used to prosecute executives for misbranded or adulterated food and drugs. The order would not apply to immigration or national security. The reach of federal criminal statutes has long been a target of criticism for some conservatives and business groups.

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