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Trump-backed CLARITY Act ethics rules give the Justice Department the lead

2026-07-22 12:51:24
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What does the ethical clause contain

According to people familiar with the matter, U.S. President Donald Trump has signed the ethical clause in the Digital Asset Markets Clarity Act. The clause prohibits all federal officials from issuing or making available digital assets and is enforced by the Justice Department. This broad restriction applies to the president himself, the vice president and members of Congress.

The White House said Trump approved the proposal after discussions with Republican Senators Cynthia Loomis and Bernie Moreno, but the administration has not disclosed the full content of the agreement and the updated legislative text has not been publicly released. A White House official called it "the most comprehensive and extensive ethical clause in history."

Democratic opposition to complicating prospects

The implementation structure has attracted resistance from Democrats, and the bill requires a Democratic vote in the Senate to pass. Republicans hold 53 Senate seats, which means it takes at least seven Democrats to defect to reach the 60-vote threshold to bypass the filibuster process to advance legislation.

Senator Angela Olsbrooks was one of only two Democrats to previously vote for the bill to be sent from the Senate Banking Committee. She told reporter Eleanor Treret on July 21 that the idea was "not a serious proposal" and said she would not support the bill if it were implemented only by the Justice Department.

Democrats believe that the Justice Department is fully controlled by the president, and that if federal authorities are the only enforcers, the ethical rules of the Clear Act may not be used to bind the president himself. Acting Attorney General Todd Branch, who was Trump's personal defense lawyer, will be responsible for investigating any violations.

There was a previous proposal that would allow state attorneys general to sue the Justice Department for failing to enforce ethics rules, but Republicans and the White House withdrew the proposal in a closed-door meeting in June, causing a near-reached agreement to collapse.

There are less than three weeks left before Senate members recess in August, during which time they need to resolve disputes over the bill and complete a full house vote. Forecast market Polymarket's contract for the Clear Act to be signed into law in 2026 traded close to 47% on Tuesday, up from a historical low of 31% earlier this month, but still did not reach the 50% probability.

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