Latest / The Paul Barron Crypto Show / Trump Strikes CLARITY Deal!🚨Vote Incoming!🔥INTERVIEW Solana Policy Institute Kristen Smith
Transcript
- 0:00Speaker 1: A clarity vote is incoming. It is bound to happen today.
- 0:03Speaker 1: We're going to be breaking all of that down, so
- 0:05Speaker 1: you don't want to miss it.
- 0:06Speaker 2: It's going to be good.
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- 0:59Speaker 1: in just a few taps. I want to talk about
- 1:02Speaker 1: the timing here, because timing is going to be almost
- 1:05Speaker 1: critical here. Even though that says sixteen days, that actually
- 1:09Speaker 1: will shrink a lot, guys, because you're talking about certain
- 1:11Speaker 1: days of conerences is not in session. You also have
- 1:14Speaker 1: weekends involved in this, so this could get very narrow.
- 1:17Speaker 1: So I wanted to bring on one of our experts,
- 1:20Speaker 1: and that of course is Kristin Smith, who's coming over
- 1:23Speaker 1: from the Salona Policy Institute.
- 1:25Speaker 2: Nice to see you again. How are you.
- 1:27Speaker 3: It's good to be back, Paul. Thanks for having me.
- 1:29Speaker 3: It's a really critical time.
- 1:31Speaker 1: Yes, So we are on the last leg of everything.
- 1:34Speaker 1: I think Bess and said, we're like the one yard line.
- 1:37Speaker 1: I'll show a tweet on that. But let's get into
- 1:39Speaker 1: where this goes, because there are some big issues. One,
- 1:43Speaker 1: the probability jumped significantly this week actually in the last
- 1:47Speaker 1: few days, from what was around thirty two percent up
- 1:50Speaker 1: to where we're hovering right now with a forty eight
- 1:52Speaker 1: percent chance. Kristin, what has happened to cause this major move?
- 1:58Speaker 3: Yeah, well, listen, I think it's a important to remember
- 2:00Speaker 3: when we get to the end stage of the legislative
- 2:03Speaker 3: process like this, there are a lot of highs and
- 2:06Speaker 3: lows and ups and downs. I think you know, we
- 2:09Speaker 3: go from good weeks and bad weeks, to good days
- 2:11Speaker 3: and bad days, to good hours and bad hours, and
- 2:14Speaker 3: I think we're somewhere between the hours and days right now,
- 2:16Speaker 3: where everybody gets really excited because there's been a positive development,
- 2:20Speaker 3: and then you know there will be a negative reaction
- 2:22Speaker 3: and people are bad. But I think the important thing
- 2:25Speaker 3: to know is that is actually part of the process,
- 2:27Speaker 3: and that if we weren't having these highs and lows,
- 2:30Speaker 3: I would actually be more worried about the outcome of
- 2:33Speaker 3: the legislation. The fact that these conversations are happening, I
- 2:36Speaker 3: think is really really critical.
- 2:38Speaker 4: So you're right.
- 2:39Speaker 3: We only have about two and a half weeks left
- 2:43Speaker 3: before the August recess. After the August recess, it becomes very,
- 2:47Speaker 3: very difficult to find enough time to move. But we
- 2:51Speaker 3: did have a really big breakthrough yesterday and that the
- 2:55Speaker 3: White House and President Trump himself has signed off on
- 2:59Speaker 3: some level of ethics for visions. We have not seen
- 3:03Speaker 3: the language yet. The the White House has sent what
- 3:07Speaker 3: they have agreed to up to Capitol Hill, and today
- 3:11Speaker 3: Republican senators are meeting Democratic senators. I don't believe have
- 3:15Speaker 3: seen the language yet, but they are also meeting and
- 3:18Speaker 3: discussing what they need, and so you know, folks are
- 3:21Speaker 3: starting to sit down at the table and really hone
- 3:24Speaker 3: in on, you know, exactly what they need in order
- 3:27Speaker 3: to support this bill.
- 3:29Speaker 4: So I think it's really promising.
- 3:31Speaker 3: I think, you know, the next step is we really
- 3:33Speaker 3: need to see the language, you know, because when the
- 3:37Speaker 3: language comes out, you know, that will be the public
- 3:40Speaker 3: will be able to react to that. The full you know,
- 3:43Speaker 3: the senators who have to vote on it, will be
- 3:45Speaker 3: able to react to that. And so I think what
- 3:48Speaker 3: we're we really need to see that as quickly as
- 3:50Speaker 3: possible because once that's out and people can see it
- 3:53Speaker 3: and react to it, then they can go file the
- 3:56Speaker 3: motion to proceed and kick off the clock to getting
- 4:00Speaker 3: the series of votes needed to get this done.
- 4:03Speaker 4: I also think once they file the motion.
- 4:04Speaker 3: To proceed, that will force any negotiations on any outstanding
- 4:09Speaker 3: issues that may exist. But yeah, listen, we're in the
- 4:12Speaker 3: thicket things. I think I agree with Secretary Bessett. We are.
- 4:16Speaker 3: We are at the one yard line, maybe the two
- 4:18Speaker 3: yard line, but we are very close to the end
- 4:21Speaker 3: zone here, and I think that, you know, I get
- 4:25Speaker 3: a little bit more optimistic every day that this is
- 4:28Speaker 3: going to get done and you know there's a real
- 4:30Speaker 3: pathway here.
- 4:31Speaker 4: To do it.
- 4:32Speaker 5: Well.
- 4:32Speaker 1: Of course, one of the biggest scenarios has been and
- 4:35Speaker 1: we've talked about this what Senator also Brooks continues to
- 4:38Speaker 1: push on and this is what her statement is is
- 4:40Speaker 1: an unseerious offer and says she wouldn't support the Ville
- 4:44Speaker 1: basically around this enforcement option and this is a reference
- 4:48Speaker 1: to ethics. But she also left it open saying, hey,
- 4:51Speaker 1: we're going to keep working on the floor to get
- 4:52Speaker 1: the agreement that holds us all accountable, which I thought
- 4:55Speaker 1: was an interesting statement, holds us all accountable. Does that
- 5:00Speaker 1: mean that this could extend into Congress and maybe into
- 5:03Speaker 1: other areas.
- 5:05Speaker 3: Yes, No, I think the way that it's been described
- 5:08Speaker 3: to me is that this is a provision that would
- 5:11Speaker 3: apply to the president, to the spouse, to the Vice president,
- 5:16Speaker 3: and to Congress. And so you know, I think that's
- 5:19Speaker 3: important because whatever they come up with is something that
- 5:23Speaker 3: everybody is going to have to live by. And I
- 5:26Speaker 3: actually think that's a good way to do it because
- 5:28Speaker 3: it makes it not be too burdensome to one person
- 5:31Speaker 3: versus the other. And so, yeah, I think that that's important.
- 5:35Speaker 3: And I think, you know, the senators realize that, and
- 5:39Speaker 3: I think that will sort of narrow the window within
- 5:42Speaker 3: which they're they're working. And so of course we all
- 5:44Speaker 3: need to see this again that these are You know,
- 5:46Speaker 3: there's a lot of rumors flying around Washington about what's
- 5:49Speaker 3: what Trump has agreed to, you know, what the Democratic
- 5:52Speaker 3: senators want. I think there's a couple of key issues
- 5:54Speaker 3: that have been spoken about publicly, but nobody's actually seen
- 5:57Speaker 3: the text, and so I think I think getting that
- 6:00Speaker 3: out is a really really important step.
- 6:02Speaker 1: Well, someone that I'm sure has is privy to a
- 6:05Speaker 1: little bit of the taxes bestent and with his statement,
- 6:09Speaker 1: you know, we've been talking about it at the one
- 6:10Speaker 1: yard line. I mean, Kristen, come on one yard line.
- 6:14Speaker 1: This seems to me like you are right there. So
- 6:17Speaker 1: just speculate. What do you think they have done to
- 6:21Speaker 1: be able to get best and to be this committed
- 6:24Speaker 1: that he thinks this is going to go through?
- 6:27Speaker 3: Well, I mean, I you know, you have to look
- 6:29Speaker 3: back and see how long it's taken us to get here, right,
- 6:31Speaker 3: I started the Blockchain Association where I previously worked came
- 6:37Speaker 3: together eight years ago, you know, the summer of twenty eighteen,
- 6:41Speaker 3: and at that time there was a lot of uncertainty
- 6:45Speaker 3: and everyone knew we needed to come together and start
- 6:47Speaker 3: laying the groundwork for legislation. So we've seen five or
- 6:51Speaker 3: six different versions of market structure legislation.
- 6:54Speaker 4: Over the past eight years.
- 6:56Speaker 3: We're now to the point where, you know, the House
- 6:58Speaker 3: is past the Clarity Act. Both the Senate ad Committees
- 7:01Speaker 3: and the Senate Banking Committees have passed the Clarity Act,
- 7:04Speaker 3: as Leader Foon has said, they're going to bring it
- 7:07Speaker 3: to the floor. President Trump has signed off on some
- 7:10Speaker 3: degree of ethics language. You know, this is like the
- 7:13Speaker 3: month and the moment, and so you know, when I
- 7:16Speaker 3: see something about the one yard line, you know, we've
- 7:19Speaker 3: genuinely come so far, so much further than we ever
- 7:22Speaker 3: have as an industry before. And I think that, you know,
- 7:26Speaker 3: it's probably that breadth of history that Senator Bestin is
- 7:28Speaker 3: talking about.
- 7:29Speaker 4: But you know, I do think we're closed.
- 7:31Speaker 3: I think the real negotiations are going to happen in
- 7:33Speaker 3: the you know, the next couple of days, and you know,
- 7:36Speaker 3: we could see some action on the Senate floor starting
- 7:41Speaker 3: later this week and then probably headed into next week.
- 7:44Speaker 1: Okay, So for me, I look at this, and I
- 7:47Speaker 1: wonder to what extent this ethics provision could be really
- 7:52Speaker 1: routed in because you've got I think the Democrats have
- 7:55Speaker 1: been very very vocal about this. Obviously, it's one of
- 7:59Speaker 1: the cornerstones of what many of them have kind of
- 8:01Speaker 1: points to. Bernie Moreno was talking about this right here
- 8:05Speaker 1: where he said, this is the most aggressive ethics language
- 8:09Speaker 1: in the history of the United States.
- 8:11Speaker 2: If that were the case, if that really were the case.
- 8:14Speaker 1: What would the Democrats complain about, If this in fact
- 8:18Speaker 1: is truly that, what would they have to complain about?
- 8:22Speaker 3: Just give me the Yeah, well, listen, I think this
- 8:24Speaker 3: is not so much about the policy of, you know,
- 8:29Speaker 3: how to have good ethics, but it is much more
- 8:32Speaker 3: the politics of it right now. And so you know,
- 8:35Speaker 3: I think anytime President Trump says, hey, this is my plan,
- 8:38Speaker 3: you know, it's not the Democratics and Democrats and sink
- 8:42Speaker 3: to be like, yes, we will go with your plan,
- 8:44Speaker 3: you know, they're going to try to negotiate. And until
- 8:46Speaker 3: there's that moment, until there's that forcing function of a
- 8:50Speaker 3: vote where they really need to decide yes or no,
- 8:53Speaker 3: you know, they're going to kind of try to continue
- 8:54Speaker 3: to negotiate.
- 8:55Speaker 4: I think that's just good.
- 8:57Speaker 3: You know, those are the skills that they have, and
- 8:59Speaker 3: they know they know how to use them. And so listen,
- 9:02Speaker 3: I think, you know, from what has been rumored to
- 9:05Speaker 3: be in this deal, I think, you know, President Trump
- 9:08Speaker 3: has come very far.
- 9:09Speaker 4: I think Bernie Marino's right.
- 9:10Speaker 3: I mean, this is, you know, kind of unusual to
- 9:13Speaker 3: have something apply to a specific type of asset like this.
- 9:17Speaker 3: This is highly highly unusual, and I you know, I
- 9:19Speaker 3: give credit to President Trump for agreeing to that. But
- 9:22Speaker 3: you know, we also like this is a bill that
- 9:25Speaker 3: absolutely needs sixty votes, and that means you're going to
- 9:28Speaker 3: have to have some Democrats on board and to ask
- 9:31Speaker 3: the Democrats to support you know, their Donald Trump's top priority.
- 9:36Speaker 3: You know, they're going to need to be able to
- 9:39Speaker 3: explain to their constituents and others that they were able
- 9:42Speaker 3: to get something in return.
- 9:43Speaker 4: So, you know, I think this is this is how
- 9:45Speaker 4: negotiations happen.
- 9:47Speaker 3: I you know, I keep saying President Trump knows the
- 9:50Speaker 3: art of the deal.
- 9:51Speaker 4: I like to think he knows what he's doing.
- 9:52Speaker 3: And I think, you know, the Democrats that are in
- 9:55Speaker 3: the room on this are are very capable as well.
- 9:57Speaker 3: So you know, we need to let the process play out.
- 9:59Speaker 3: But the important thing is there is a table. People
- 10:01Speaker 3: are sitting at it and they're talking, and you know,
- 10:04Speaker 3: these these are the ingredients we need to get this
- 10:06Speaker 3: cross finish line.
- 10:08Speaker 1: Here's the most important question, and that is does Senator
- 10:13Speaker 1: Warren vote yes?
- 10:15Speaker 2: If she's never gonna happen? Okay, never gonna happen.
- 10:20Speaker 4: We gave up on her long ago. Let's we're not
- 10:25Speaker 4: going to try it. We're not going to.
- 10:27Speaker 1: Try We're going to all right, so let's go there.
- 10:32Speaker 1: So focusing elsewhere, Uh, this was an interesting development that
- 10:37Speaker 1: I thought, this actually gave me a little bit of
- 10:39Speaker 1: hope here.
- 10:39Speaker 2: And this was Patrick Witt.
- 10:41Speaker 1: We did a show and we mentioned this not too
- 10:43Speaker 1: long ago in reference to Patrick Witt had a military
- 10:46Speaker 1: duty that he was going to be going and going
- 10:48Speaker 1: to so he was gonna stepping down and we announced
- 10:51Speaker 1: it here on the show. I thought, Okay, he's you know,
- 10:52Speaker 1: he's got to go serve No big deal, bad timing here.
- 10:56Speaker 1: But I asked the question, why can't the president is
- 10:59Speaker 1: call somebody say hey, listen, the guy's in the middle
- 11:01Speaker 1: of something. Can he just do a couple of weeks
- 11:04Speaker 1: here and get this done? And sure, enough he got
- 11:08Speaker 1: this somebody made the phone call because the guy who
- 11:12Speaker 1: was replacing him, Harry Jung.
- 11:15Speaker 2: I mean, this is banker one oh one. So I
- 11:18Speaker 2: was a little concerned about that.
- 11:20Speaker 1: In terms of that stepping up, that's just my conspiracy theory.
- 11:23Speaker 1: What do you think it is Patrick going to walk
- 11:25Speaker 1: this through the line and say, hey, we finally got
- 11:27Speaker 1: something done.
- 11:29Speaker 3: Yeah, I know, listen, I think I think Patrick is
- 11:32Speaker 3: here for the for the long run. I think he
- 11:34Speaker 3: wants to see this through. And I you know, credit
- 11:37Speaker 3: that the folks, you know, with the National Guard and
- 11:40Speaker 3: the White House and others that recognize that. I mean,
- 11:43Speaker 3: he is He's the quarterback of this football game, so
- 11:46Speaker 3: we need him in that position. And I think the
- 11:49Speaker 3: fact that you know, they were able to work out
- 11:51Speaker 3: for him to stay is incredibly bullish because I don't
- 11:55Speaker 3: think this is going to be done by Friday.
- 11:57Speaker 4: I think that was supposed to be his last day.
- 11:59Speaker 4: So listen, I think he would have done a fantastic job.
- 12:02Speaker 4: You know, he was at the CFTC before. He knows
- 12:04Speaker 4: these issues very well.
- 12:06Speaker 3: But it turns out Harry is now actually going to
- 12:08Speaker 3: be the one leaving, but Patrick is going to stay
- 12:11Speaker 3: and I think, you know, that makes sense. He's been
- 12:13Speaker 3: in the weeds on this for the past year. He's
- 12:15Speaker 3: built up relationships with the senators. He knows the issues
- 12:18Speaker 3: inside and out. So I think the fact that he's
- 12:21Speaker 3: staying is incredibly bullish.
- 12:23Speaker 2: Yeah, it's a it's a bullish sign.
- 12:25Speaker 1: I think going going into this another bullish sign that
- 12:28Speaker 1: I think is starting to develop. But granted, I am
- 12:33Speaker 1: highly skeptical, only because I have seen this happen so
- 12:36Speaker 1: many times, and that is with the banking side of
- 12:38Speaker 1: things and the ABA very powerful lobby. You get to
- 12:41Speaker 1: go head to head with them every week. But I'm
- 12:44Speaker 1: looking at some of the data coming out of some
- 12:46Speaker 1: of these reports and earnings calls, and I saw something
- 12:50Speaker 1: that was very interesting, and that was the deposits. Deposit
- 12:54Speaker 1: averages are up seven percent year over year, So that
- 13:00Speaker 1: I kind of blew up this idea of flight of
- 13:02Speaker 1: capital in a bad way, I think for the bank.
- 13:08Speaker 1: So dare I say, has the ABA lost this battle?
- 13:14Speaker 3: I mean, I think they've certainly lost credibility because you
- 13:17Speaker 3: can't go around saying, oh, this is deposit flight, this
- 13:20Speaker 3: is hurting us, and then you know, have JP Morgan
- 13:22Speaker 3: come out and have the record profits, right, I mean,
- 13:25Speaker 3: it's just not a real argument. I think the bigger
- 13:28Speaker 3: problem is the banks don't have anyone on the Hill
- 13:31Speaker 3: that is looking to go to bat for them any further.
- 13:34Speaker 3: I think, you know, they had a very strong champion
- 13:37Speaker 3: and Senator Tillis and also Brooks. I think that Senator
- 13:40Speaker 3: Tillis and also Brooks actually delivered on almost every single
- 13:43Speaker 3: thing that the banks were asking for, like they got
- 13:47Speaker 3: it all. So, you know, they can keep coming up
- 13:50Speaker 3: with new ideas and new things, but you know that
- 13:53Speaker 3: the concerns they raised have been addressed.
- 13:56Speaker 4: That language, you know, was changed.
- 13:58Speaker 3: I think it is a closed issue, and I don't
- 14:00Speaker 3: think it's one, uh that is that is going to
- 14:03Speaker 3: be reopened anytime soon. And so I think the banks
- 14:07Speaker 3: know this. You know, we've seen some advertising around town.
- 14:10Speaker 3: You bump in a few folks on the Hill and
- 14:12Speaker 3: things like that. But you know, I think I think
- 14:14Speaker 3: this is an issue that is gonna going to stay closed.
- 14:16Speaker 3: And I think that you know, listen to the crypto
- 14:19Speaker 3: industry lobby in Washington, which I've been a part of
- 14:22Speaker 3: for over eight years now, is certainly smaller than the
- 14:26Speaker 3: Banking Committee, but we're feistier.
- 14:29Speaker 4: We're ready, we know what to do.
- 14:31Speaker 3: We're aggressive, like we've had to battle the SEC and
- 14:33Speaker 3: we've had to have all these all these fights over
- 14:36Speaker 3: the past few years.
- 14:37Speaker 4: We're we want to get this done.
- 14:39Speaker 3: And I think with the exception of me, who's here
- 14:41Speaker 3: talking to you right now, about every single lobbyist and
- 14:44Speaker 3: crypto is up on the hill. There's briefings going on today,
- 14:48Speaker 3: meetings in all offices, maybe except for Elizabeth Warren because
- 14:51Speaker 3: that's a waste of time. And we you know, like
- 14:54Speaker 3: everyone is going out and explaining the issues, explaining any
- 14:58Speaker 3: misconceptions around elicit finance or deposit flight or some of
- 15:02Speaker 3: these other things. And I think, you know, it's it's
- 15:04Speaker 3: in full force and everyone is motivated and we really
- 15:07Speaker 3: want to get this done.
- 15:09Speaker 2: So banks are very quiet this week.
- 15:11Speaker 1: Do you anticipate any last minute, you know, explosion coming
- 15:16Speaker 1: out of the banks something?
- 15:18Speaker 4: Yeah, I mean, I I don't think so.
- 15:23Speaker 3: You know, certainly, you know, they can use the various
- 15:27Speaker 3: you know, direct lobbying media, they can pull any of
- 15:30Speaker 3: any of the tricks out there. But I think there's
- 15:33Speaker 3: a real understanding that, you know, we can't have sixty
- 15:37Speaker 3: two million Americans who own crypto and have don't not
- 15:42Speaker 3: have a comprehensive regulatory framework to cover that. And I think,
- 15:47Speaker 3: you know, this bill has you know, gotten a lot
- 15:50Speaker 3: more complex than when it came over to the House.
- 15:52Speaker 4: There's a whole illicit finance title in.
- 15:55Speaker 3: There that wasn't there before they beefed up the spot
- 15:58Speaker 3: market protections. There's a disclosure regime for new projects that
- 16:02Speaker 3: want to launch in the US, and so you know,
- 16:04Speaker 3: there's a lot of real substance of stuff in here.
- 16:07Speaker 3: And to you know, prevent that type of consumer protection
- 16:13Speaker 3: from becoming law is you know, I think it's just
- 16:16Speaker 3: it's just the wrong wrong.
- 16:18Speaker 4: Side history to be on.
- 16:19Speaker 2: Very bad look, yeah, very bad look.
- 16:21Speaker 1: And you're going into mid terms, I think, especially after
- 16:23Speaker 1: the bank earnings that.
- 16:24Speaker 2: Have been so highly publicized.
- 16:27Speaker 1: It really was good timing for the banks, but bad
- 16:30Speaker 1: timing for the banks as well for all of us
- 16:33Speaker 1: coming to.
- 16:33Speaker 2: To the to the head. Hey listen, but the fud
- 16:36Speaker 2: has not stopped.
- 16:38Speaker 1: One of our favorite fudters that has been out there
- 16:42Speaker 1: has re emerged, and that is Carol House. She is
- 16:45Speaker 1: going right at us again. And there were some interesting
- 16:49Speaker 1: points that she got into, and I want to just
- 16:52Speaker 1: address this right here. You guys have probably heard us
- 16:54Speaker 1: talk about Carol before. She's been very against what's going
- 16:58Speaker 1: on with crypto and and clarity in general.
- 17:01Speaker 2: But this one I thought took the cake.
- 17:03Speaker 1: And that is now that because of an example of
- 17:07Speaker 1: AI agents where you know, they're out negotiating payment terms,
- 17:11Speaker 1: et cetera, that essentially courts and regulators need to bear
- 17:15Speaker 1: or figure out and determine who bears responsibility. What is
- 17:20Speaker 1: this saying that now an AI agent is somehow responsible
- 17:24Speaker 1: or for evasion or market manipulation or any of those
- 17:28Speaker 1: kind of things.
- 17:29Speaker 3: Yeah, I mean, listen, I think that these are potentially
- 17:32Speaker 3: some novel questions that aren't related to what's going on
- 17:36Speaker 3: in the skill and there but no hearings on this.
- 17:38Speaker 3: There's no discussion of this. I think that, Yeah, you know,
- 17:42Speaker 3: I think that if this is something people want to
- 17:44Speaker 3: look at later, this is too far out of the scope.
- 17:47Speaker 3: This is sort of regulating problems that don't exist yet.
- 17:52Speaker 3: And you know, if we try to predict where the
- 17:55Speaker 3: future is going, you know, too far ahead, then you know,
- 17:58Speaker 3: we might prevent it from playing out in the way.
- 18:00Speaker 2: That it's supposed to go.
- 18:01Speaker 3: So I you know, I don't think that that argument
- 18:06Speaker 3: carries much weight, and I don't think it's gonna, you know,
- 18:10Speaker 3: delay the progress that's happening on anyway.
- 18:13Speaker 1: Anything to make of this July twenty second, you know
- 18:16Speaker 1: meeting that's coming up, and this is going to be
- 18:19Speaker 1: around the Risk of Clarity Act to National Security.
- 18:23Speaker 2: Do you see any major issues right there?
- 18:26Speaker 6: You know?
- 18:26Speaker 3: I think, listen, there are endless discussions on the intersection
- 18:30Speaker 3: of crypto and national security. As I mentioned earlier, there
- 18:34Speaker 3: is an entire section of the bill that has been
- 18:37Speaker 3: added on a list of finance. There's new requirements that
- 18:41Speaker 3: are required, and you know, I think there are going
- 18:44Speaker 3: to be these sort of pop up efforts to try to,
- 18:48Speaker 3: you know, disagree with the direction of the bill, But
- 18:50Speaker 3: I don't know. I think the momentum that we have
- 18:53Speaker 3: is real, and I think when you actually pick up
- 18:55Speaker 3: the bill and read through the pages, you see that
- 18:57Speaker 3: there is a tremendous amount in there that addresses any
- 19:01Speaker 3: concerns related to national security. I mean, I think the
- 19:04Speaker 3: reality is this is a technology that is being integrated
- 19:07Speaker 3: into our financial system today, and if we don't do
- 19:11Speaker 3: it here at the US, others around the world will
- 19:14Speaker 3: do it first. And I think, you know, the US
- 19:17Speaker 3: wants to lead. I think Congress wants the US to lead.
- 19:20Speaker 3: President Trump wants the US to lead. And so you know,
- 19:23Speaker 3: there's going to be folks that are out there that
- 19:25Speaker 3: you know, maybe don't have the most credibility, that are
- 19:28Speaker 3: going to try to argue against it. But you know,
- 19:30Speaker 3: at the end of the day, I think, you know,
- 19:32Speaker 3: the reality is this is this is coming, and we want.
- 19:35Speaker 4: To be a part of it, and we want to
- 19:36Speaker 4: regulate it appropriate.
- 19:37Speaker 2: I like, yes, listen, Kristin. I like your attitude on this.
- 19:40Speaker 1: I like that tenacity and that you're saying, hey, we
- 19:43Speaker 1: got this, We're there, We're close. But listen, As a journalist,
- 19:47Speaker 1: I have to be skeptical constantly, and I'm always looking
- 19:51Speaker 1: at you know, these nuances. One of course, was this
- 19:54Speaker 1: fence in meeting, and I want to play a clip
- 19:57Speaker 1: because this even surprised me.
- 19:59Speaker 2: Let's go to the clip standards.
- 20:01Speaker 7: Will you explicitly commit today to preserving this bright line
- 20:04Speaker 7: distinction so American software and hardware developers are not improperly
- 20:08Speaker 7: regulated as financial intermediaries, cheer Davidson. Let me apologize. My
- 20:15Speaker 7: time's expired, so I'll ask for that.
- 20:17Speaker 5: In writing we know Crypto is here, we know that
- 20:20Speaker 5: AI is here, so maybe we can talk about that offline.
- 20:24Speaker 4: Thank you, mister Chairman, and I you back yep, thanks miss, But.
- 20:26Speaker 6: I'm concerned in reading that circle the other day did
- 20:31Speaker 6: not take action to freeze and burn potentially suspicious that
- 20:36Speaker 6: elicted accounts arguing they had to be ordered to do
- 20:39Speaker 6: that by the government. What are they talking about?
- 20:43Speaker 8: This is something I am not personally tracking. I would
- 20:45Speaker 8: like to get back to you on this circle.
- 20:47Speaker 1: Chose not to intervene t'ather did under some circumstances, and
- 20:51Speaker 1: so is this an area.
- 20:52Speaker 2: Where you actually need some clarity out of Congress?
- 20:56Speaker 8: This is something I would like to look into the
- 21:00Speaker 8: you know, the I would I'd like to understand this
- 21:03Speaker 8: a little bit more before I can provide an answer.
- 21:06Speaker 5: Will you include the information that I just described by
- 21:11Speaker 5: the President of the United States.
- 21:13Speaker 2: And his family.
- 21:14Speaker 8: I cannot speak to that at this moment.
- 21:17Speaker 5: Why can't you speak to it at this moment?
- 21:21Speaker 8: Ring Member Rorias, I you know today I want to
- 21:23Speaker 8: talk about what FinCEN has done.
- 21:25Speaker 5: I respect what you would like to talk about, and
- 21:28Speaker 5: I'm asking are you going to take up what is necessary?
- 21:33Speaker 8: I'm here to talk about Fincenn and FinCEN's work.
- 21:35Speaker 5: Let the records show that the witness evaded the question
- 21:39Speaker 5: and that we will continue to point to the corruption
- 21:42Speaker 5: that's undermining this country.
- 21:45Speaker 7: Thank you, miss Waters.
- 21:47Speaker 2: Okay, so not happy people.
- 21:49Speaker 1: That of course was Ghaki, who is the Director of
- 21:52Speaker 1: Financial Crimes Enforcement and wasn't answering a lot of quote.
- 21:57Speaker 1: I mean, I don't understand the FinCEN seems like they're
- 21:59Speaker 1: almost toothles us here in the sense of being able
- 22:02Speaker 1: to do some of these things. So where do you
- 22:05Speaker 1: think this has any bearing right now on how many
- 22:10Speaker 1: of the enforcement models may play out from clarity in itself,
- 22:14Speaker 1: if FinCEN is in fact going to be in charge
- 22:16Speaker 1: of this.
- 22:18Speaker 3: Yeah, well listen, fincent in a financial Crimes Enforcement network.
- 22:22Speaker 3: They are an agency or within the Treasury Department, and
- 22:27Speaker 3: they have a very specific mission and it's not related
- 22:31Speaker 3: to any sort of criminal enforcement, but they are there
- 22:34Speaker 3: to help implement regulation related to anti money launering policy,
- 22:40Speaker 3: et cetera. And you know, they have a very limited job.
- 22:43Speaker 3: So I have some sympathy for her and that she
- 22:46Speaker 3: is only allowed to say things that are clearly within
- 22:48Speaker 3: the scope. I do think what we're seeing though, both
- 22:51Speaker 3: with the Genius Act that was signed into law a
- 22:53Speaker 3: year ago and with the Clarity Act is really a
- 22:56Speaker 3: kind of more comprehensive tool set so that you know,
- 23:00Speaker 3: the Treasury Department has the tools that they feel like
- 23:03Speaker 3: they need in order to enforce things. I mean, I think,
- 23:07Speaker 3: you know, I have some sympathy for Circle because the
- 23:09Speaker 3: way they are regulated today it does make them you know,
- 23:12Speaker 3: there's are challenges there. They're not able to just go
- 23:14Speaker 3: and like freeze things even when they see it as suspicious,
- 23:17Speaker 3: and so I think there are ways that the private
- 23:20Speaker 3: sector companies within crypto can work with law enforcement and
- 23:24Speaker 3: get the kind of information sharing that they need in
- 23:26Speaker 3: order for things to move more quickly. But you know,
- 23:30Speaker 3: I think that's why we're doing this Clarity Act. You know,
- 23:33Speaker 3: there's again I mentioned the whole section mounelst of Finance
- 23:36Speaker 3: in there that will you know, provide the type of
- 23:38Speaker 3: clarity that that we do need. But I would say,
- 23:42Speaker 3: you know, going back to the very first opening question
- 23:45Speaker 3: from Warren Davidson around developer protections, you know, there is
- 23:49Speaker 3: a fine line there and I think that is something
- 23:52Speaker 3: with the Blockchain Regulatory Certainty Act that is included in
- 23:55Speaker 3: the Clarity Act that does protect those that are really
- 23:59Speaker 3: only contributing cod they take no control of customer funds.
- 24:02Speaker 4: It's keeping them, you know, sort.
- 24:04Speaker 3: Of protected from some of the requirements that would be
- 24:07Speaker 3: impossible for them to comply with.
- 24:09Speaker 4: So I think there's a lot to go on there.
- 24:11Speaker 3: But I think that's why we are having these discussions
- 24:14Speaker 3: as part of this legislation. And I think, you know,
- 24:17Speaker 3: I'm optimistic that that, you know, when this gets done,
- 24:21Speaker 3: you know, the committees will have more comfort with the
- 24:25Speaker 3: powers that the government has and also the limits to
- 24:28Speaker 3: the powers that the governments have.
- 24:30Speaker 1: When you look at Genius and how that has now
- 24:32Speaker 1: started to make its way into policy, and we have
- 24:35Speaker 1: so many of these bureaucrats, and I understand why you're
- 24:38Speaker 1: being political. I won't be, and that is that these
- 24:40Speaker 1: bureaucrats contempt in most cases are completely incompetent and or
- 24:46Speaker 1: lack the knowledge of being.
- 24:47Speaker 2: Able to execute on getting any things done.
- 24:49Speaker 1: So you still have that barrier to cross right now, Kristen,
- 24:53Speaker 1: So I think that is a concern of mind. We're
- 24:55Speaker 1: already seeing this playing out kind of in in sense
- 24:58Speaker 1: right now, what's happening with Genius, And remember the Genius Acts.
- 25:02Speaker 1: July eighteenth deadline was missed originally, and that was finalizing
- 25:07Speaker 1: the Stablehorn rules. How much of an impact do you
- 25:10Speaker 1: think that's going to have when maybe we get Clarity
- 25:13Speaker 1: through or maybe we don't on missing a deadline here?
- 25:17Speaker 1: Is there any correlation between what happened then and what's
- 25:20Speaker 1: happening right now in front of us.
- 25:23Speaker 4: No.
- 25:23Speaker 3: I think it's common for there to be extensions in
- 25:27Speaker 3: the rule making process. You know, this is a process
- 25:29Speaker 3: where they take the legislation and write the details. I
- 25:31Speaker 3: think when Clarity passes, there are dozens of rulemakings that
- 25:35Speaker 3: are demanded in the Clarity Act, but most of those
- 25:39Speaker 3: apply to the SEC and the CFTC and less so
- 25:44Speaker 3: to those that are implementing the Genius Act. So there's
- 25:47Speaker 3: going to be a tremendous amount of work to do.
- 25:49Speaker 3: If you are in law school, I'd highly recommend learning
- 25:52Speaker 3: about crypto. There's decades of work in the legal space
- 25:56Speaker 3: ahead for those who do it, and so you know,
- 25:59Speaker 3: there's there's you know, the end of the road is
- 26:02Speaker 3: not Genius, but or is not getting Clarity and Genius
- 26:04Speaker 3: signed into law. But I think those are hugely important
- 26:07Speaker 3: milestones because that does put the top level framework in place,
- 26:10Speaker 3: and it will allow more investment to come into crypto assets.
- 26:14Speaker 3: It will allow traditional financial institutions to integrate the technology.
- 26:18Speaker 3: I think it's going to unleash economic activity in a
- 26:21Speaker 3: way that'll make the US continue to be the leader
- 26:25Speaker 3: in the financial and technology sector for decades to come.
- 26:29Speaker 4: So I think there's a lot of benefit.
- 26:30Speaker 3: To getting those done, and I think that's one of
- 26:32Speaker 3: the reasons why we're having so much attention to it
- 26:34Speaker 3: on Capitol Hill, just as even as we speak.
- 26:37Speaker 1: And one of the things too, Kristen, because what happened
- 26:40Speaker 1: in Japan was a landslide, and I think a hallmark
- 26:45Speaker 1: change of being able to deal with what was like
- 26:48Speaker 1: a fifty percent taxable crypto event versus reducing that down
- 26:53Speaker 1: to twenty percent. And now we're looking at tax bills
- 26:57Speaker 1: potentially for crypto that could be lost within this. How
- 27:01Speaker 1: could we even get something going on these crypto tax bills,
- 27:05Speaker 1: but yet Japan's over here doing it.
- 27:07Speaker 3: Yeah, Well, there is starting to be more attention to
- 27:11Speaker 3: tax policy on Capitol Hill. We've seen a couple of
- 27:14Speaker 3: bills introduced by members of the House Ways and Means Committee,
- 27:17Speaker 3: and it is their job to originate tax legislation. I
- 27:21Speaker 3: think you know, whether or not crypto tax gets done
- 27:25Speaker 3: this year, I think is an open question.
- 27:27Speaker 4: I think one of the things that's interesting.
- 27:29Speaker 3: About tax policy is you very rarely have standalone tax bills,
- 27:34Speaker 3: you know, be signed into law.
- 27:36Speaker 4: Market structure legislation is different.
- 27:38Speaker 3: The only way for that to get done is to
- 27:41Speaker 3: do it as a standalone bill. We cannot attach market
- 27:44Speaker 3: structure to the Defense Authorization bill or in appropriations you know,
- 27:49Speaker 3: omnibus package or something like that, because in order to
- 27:52Speaker 3: do so, you would have to have sign off from
- 27:54Speaker 3: all of the committee chairs and ranking members, and Elizabeth
- 27:57Speaker 3: Warren will never.
- 27:58Speaker 4: Allow that to happen.
- 27:59Speaker 3: So it is an incredibly heavy lift to get market
- 28:02Speaker 3: structure done because we need standalone floor time.
- 28:05Speaker 4: Crypto tax can ride.
- 28:07Speaker 3: On any tax package, and so I think there's a
- 28:10Speaker 3: lot more opportunity to move that. I think the really
- 28:14Speaker 3: real question is do we have the details right? Is
- 28:16Speaker 3: everybody comfortable with where the tax policy is? And have
- 28:20Speaker 3: we done enough education as an industry on those tax
- 28:24Speaker 3: writing committees so that they feel comfortable moving forward? And
- 28:27Speaker 3: you know the reality is we haven't as an industry
- 28:30Speaker 3: spent a lot of time with HOUSEWISM means and Senate
- 28:32Speaker 3: Finance because we've been playing defense at the SEC with
- 28:36Speaker 3: other federal regulators, and now over the past two years
- 28:39Speaker 3: have been focused so deeply on the Clarity legislative process.
- 28:43Speaker 3: But I think once we get the Clarity Act passed,
- 28:46Speaker 3: it's going to be all attention shift and focus to
- 28:49Speaker 3: the tax committees. And I think there's going to be
- 28:52Speaker 3: a real urge to get the tax policy updated to
- 28:55Speaker 3: catch up with where we're at, you know, with the market,
- 28:58Speaker 3: and so you know, I think it's it's not an
- 29:02Speaker 3: if tax will get done, it's a when. But you know,
- 29:05Speaker 3: we want to trust the process. This is how we
- 29:07Speaker 3: get good policy, and I think it'll it'll happen.
- 29:10Speaker 4: In due time.
- 29:11Speaker 1: Listen from what I hear you saying, Kristen, is that
- 29:15Speaker 1: this is kind of step one of many that's going
- 29:17Speaker 1: to be taking place over the next few years. Moving
- 29:20Speaker 1: into that in terms of a change, obviously the rule
- 29:23Speaker 1: making will start to coincide with what you know, our
- 29:26Speaker 1: bureaucrats are going to be pretty much implementing now, which
- 29:29Speaker 1: I'm a little concerned as to how that's going to
- 29:31Speaker 1: play out, even with Clarity, because there are some to
- 29:35Speaker 1: a certain extent, loopholes within that, but some of it
- 29:37Speaker 1: may even fall within this new verbiage around ethics. So
- 29:42Speaker 1: all of this could change things quickly, very much so.
- 29:45Speaker 2: So we'll definitely keep you on.
- 29:47Speaker 1: The front page of the Rolodex here, so when things
- 29:50Speaker 1: start moving in DC, we'll give you a call. But
- 29:52Speaker 1: thanks for coming in today. We appreciate the breakdown.
- 29:55Speaker 4: Thanks for having me fall.
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