Trump strikes a righteous blow at feds' rabid criminal code

Last autumn, mountain runner Michelino Sunseri set a new record for climbing and descending Grand Teton, a feat that his sponsor, The North Face, celebrated as the realization of “an impossible dream.”

Not long after, Sunseri faced a legal challenge: He was charged by federal prosecutors with a misdemeanor that could lead to a jail sentence of up to six months. The charge was for using a trail that the National Park Service claimed was closed, despite their failure to adequately communicate this status to the public.

Unknowingly, Sunseri ran afoul of one of the countless federal regulations that carry criminal charges—a legal maze so extensive and unclear that no one is certain how many offenses are actually included in it.

An executive order that President Donald Trump issued last week aims to ameliorate the injustices caused by the proliferation of such agency-defined crimes, which turn the rule of law into a cruel joke.

The Code of Federal Regulations “contains over 48,000 sections, stretching over 175,000 pages — far more than any citizen can possibly read, let alone fully understand,” Trump’s order notes.

“Worse, many [regulations] carry potential criminal penalties for violations.”

How many? As Supreme Court Justice Neil Gorsuch and co-author Janie Nitze note in their 2024 book on “the human toll of too much law,” even experts cannot say for sure, although “estimates suggest that at least 300,000 federal agency regulations carry criminal sanctions today.”

At the federal level, in other words, regulatory crimes outnumber statutory crimes — another uncertain tally — by a factor of roughly 60 to 1.

Since the latter category has exploded during the last century, that is no small feat, but it is what you might expect when unaccountable bureaucrats are free to invent crimes.

“Many of these regulatory crimes are ‘strict liability’ offenses, meaning that citizens need not have a guilty mental state to be convicted of a crime,” Trump notes.

“This status quo is absurd and unjust. It allows the executive branch to write the law, in addition to executing it.”

Trump said prosecutors generally should eschew criminal charges for regulatory violations based on strict liability and focus on cases where the evidence suggests the defendant knowingly broke the rules.

Trump also instructed federal agencies to “explicitly describe” conduct subject to criminal punishment under new regulations, and prepare lists of regulatory violations that already can be treated as crimes.

Given the enormous volume and range of federal regulations, that last requirement is a tall order.

But if the agencies that issue those regulations cannot specify all of the violations that can trigger criminal penalties, what hope does the average American have?

Those penalties may not be readily apparent, because “you need to consult at least two provisions of law to identify regulatory crimes,” GianCarlo Canaparo, a senior legal fellow at the Heritage Foundation, explained in Senate testimony this month.

A regulation that says “Swiss cheese must have holes throughout the cheese,” for example, says nothing about criminal prosecution, which is authorized by a separate provision of the US Code.

Canaparo noted other examples gathered by Mike Chase, author of the comical yet accurate book “How to Become a Federal Criminal.”

It is a federal crime, for instance, “to sell a tufted mattress unless you have burned 9 cigarettes on the tufted part of it,” “to submit a design to the Federal Duck Stamp contest if your design does not primarily feature ‘eligible waterfowl,’” and “to sell a small ball across state lines unless it is marked with a warning that says, ‘this toy is a small ball.’”

Getting a handle on this bewildering situation will require more than prosecutorial restraint, a matter of discretion that is subject to change at any time.

Canaparo argues that Congress should eliminate “excess federal crimes,” add mens rea (“guilty mind”) requirements to provisions that lack them, and recognize a defense for people who did not realize their conduct was unlawful.

As he notes, rampant overcriminalization makes a mockery of the old adage that “ignorance of the law is no excuse.”

Jacob Sullum is a senior editor at Reason magazine.

You May Also Like
ICE urges New York not to release Salvadoran national accused of raping 16-year-old girl on Long Island

ICE asks New York to hold Salvadoran man accused in alleged rape of 16-year-old on Long Island

Federal immigration officials are urging New York authorities not to release a…
Supreme Court sides with Texas man who challenged law barring drug users from having guns

Supreme Court Backs Texas Man in Major Gun Rights Case Challenging Ban on Firearm Ownership by Drug Users

Washington — The Supreme Court on Thursday sided with a Texas man…
Thousand-year-old ancient oak tree tied to 'Robin Hood' legend has died, wildlife charity says

Robin Hood’s Legendary Ancient Oak Dies After 1,000 Years, Wildlife Charity Confirms

The Major Oak, the towering ancient tree long associated with the legend…
It's About to Go Down: FBI Descends on LA Skid Row Over Potential Voter Fraud/Bribery of Homeless

FBI Investigates Alleged Voter Fraud and Homeless Bribery on Los Angeles Skid Row

In the days following California’s June 2 primary, attention turned to a…
From bear hugs to handshakes: How India lost its edge with Trump while Pakistan quietly gained ground

India’s Trump Reset Falters as Pakistan Quietly Gains Ground in US Ties

President Donald Trump and Indian Prime Minister Narendra Modi met in person…
Gilgo Beach serial killer's ex-wife says he 'got what he deserved' after he gets max sentence for 8 murders

Gilgo Beach Killer’s Ex-Wife Reacts After Maximum Sentence in 8-Murder Case: “He Got What He Deserved”

RIVERHEAD, N.Y. — Asa Ellerup, the former wife of convicted Long Island…
Comedian Carlos Mencia charged with 12 felony tax counts, LA County District Attorney Nathan Hochman says

Carlos Mencia Faces 12 Felony Tax Charges, Says LA County DA Nathan Hochman

LOS ANGELES — Comedian Carlos Mencia is facing 12 felony tax charges,…
Stacey King funeral: Celebration of life honors Chicago Bulls legend, 3-time NBA champion, broadcaster, who died at 59

Stacey King Remembered: Chicago Bulls Champion and Broadcaster Honored at Celebration of Life

OAKBROOK TERRACE, Ill. (WLS) — Family, friends and former colleagues gathered Thursday…
Trump awards Medal of Honor to 3 veterans of the Vietnam, Afghanistan wars

Trump presents Medal of Honor to three veterans of the Vietnam and Afghanistan wars

President Trump on Thursday awarded the Medal of Honor, the nation’s highest…
Vice President JD Vance delays trip to Switzerland to lead new US talks with Iran on its nuclear program

JD Vance Postpones Switzerland Trip to Lead New U.S.-Iran Nuclear Talks Amid Rising Tensions

The White House said late Thursday that Vice President JD Vance is…
Poll: Strong Majority of U.S. Voters Approve of Trump's Iran Deal

Poll finds strong majority of U.S. voters approve of Trump’s Iran deal

A preliminary agreement signed by the United States and Iran is drawing…
Karmelo Anthony supporter reportedly fired as other backers face backlash over verdict remarks

Karmelo Anthony Adds New Lawyer to Appeal While Saying He Can’t Afford Legal Fees

FRISCO, Texas — Karmelo Anthony has added a new attorney as he…