In a significant move, President Donald Trump signed the executive order “Fighting Overcriminalization in Federal Regulation” in an effort to lessen criminal prosecutions for federal regulatory violations. The order reflects Trump’s broader campaign against regulatory environments that he perceives as punitive to ordinary Americans who may inadvertently commit minor infractions. Despite its bold declaration, the order is largely regarded by the legal community as more symbolic than substantive, with legal experts noting that criminal prosecutions for regulatory violations are seldom pursued by the U.S. Department of Justice. This aligns with a prevailing belief that such matters should primarily be addressed through civil enforcement mechanisms.
The practical impact of the order may be minimal, as regulatory prosecution is already disfavored among many law enforcement agencies. Analysts suggest that the order mirrors Trump’s narrative of reducing regulatory burdens rather than heralding an actual shift in legal practices. It serves as a reactionary stance to perceived regulatory excess rather than a strategically crafted policy change. Furthermore, legal professionals emphasize the ongoing importance of distinguishing between regulatory breaches and criminal acts, reinforcing the long-standing trend against criminalizing regulatory violations. While the order intends to reassure Americans of decreased legal risks from unclear regulations, it ultimately highlights existing judicial norms and practices, illustrating the complex dynamics between political narratives and the reality of legal enforcement.
