On February 18, 2025, President Donald
#TRUMP signed an executive order titled “Ensuring Accountability for All Agencies,” which mandates that independent regulatory agencies, including the Securities and Exchange Commission (SEC), report directly to the White House. This move subjects agencies like the SEC—historically insulated from direct presidential control—to oversight by the Office of Management and Budget (OMB), led by Russ Vought. The order requires these agencies to submit draft regulations, policies, priorities, and budgets to the White House for approval, aligning them with the president’s agenda. It’s a bold shift, rooted in Trump’s embrace of the unitary executive theory, which asserts that all executive power rests with the president under Article II of the Constitution.
So, how might this impact the SEC’s ongoing crypto litigation? The SEC has been a heavy hitter in the crypto space, especially under former Chair Gary Gensler, who pursued an enforcement-first approach. High-profile cases—like those against
#Ripple $XRP ,
#coinbase ,
#Binance , and dozens of others—have hinged on the SEC’s stance that many digital assets are unregistered securities under the Howey Test. These lawsuits have dragged on, often mired in legal ambiguity, with Ripple’s case seeing a partial win in 2023 (XRP not a security on public exchanges) but still under appeal as of now.
With the White House pulling the strings, the SEC’s crypto litigation could face a dramatic pivot. Trump’s pro-crypto stance—evident from his January 23, 2025, executive order “Strengthening American Leadership in Digital Financial Technology”—suggests a push for lighter regulation. That earlier order created a working group to rethink crypto rules and even floated a national digital asset stockpile, signaling a 180 from Biden-era crackdowns. Posts on X and industry chatter hint that Trump’s team might direct the SEC to pause or drop cases, especially those bogged down in court—like Ripple’s, where an XRP ETF from Grayscale hangs in limbo pending regulatory clarity.
The new order could mean the OMB, under Vought, greenlights only SEC actions that fit Trump’s vision—think fewer enforcement suits and more industry-friendly policies. Paul Atkins, Trump’s pick to replace Acting Chair Mark Uyeda at the SEC, is a known crypto advocate who’s criticized heavy-handed regulation. If confirmed, he’d likely steer the agency toward settling or scaling back litigation, focusing instead on fraud cases rather than broad securities debates. The SEC’s Crypto Task Force, launched under Uyeda and led by Hester “Crypto Mom” Peirce, is already tasked with crafting clearer rules—work that could now accelerate under White House pressure.
But it’s not a clean slam dunk. The SEC’s independence was baked into its 1934 founding to shield it from political whims, and this order’s legality is shaky—experts say it’ll spark lawsuits, likely landing at the Supreme Court. If courts uphold it, the SEC might have to shelve cases or settle fast, especially if the White House deems them misaligned with its deregulatory goals. Ripple’s litigation, for instance, could see a forced resolution, potentially greenlighting XRP’s market moves. If courts strike it down, the SEC could keep chugging along, though Trump’s influence via appointees would still loom large.
Short term, expect delays as the SEC adjusts to this oversight—litigation timelines could stretch as priorities shift. Long term, if this sticks, the SEC’s crypto crackdown era might fade, replaced by a framework that lets digital assets breathe easier. Either way, the White House leash tightens the screws on the SEC’s old playbook.
Did President Trump End The U.S. War On Crypto?
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