
DOJ calls law enforcement groups' opposition to the CLARITY Act 'factually inaccurate,' saying the bill won't impede criminal investigations into digital assets.
The Department of Justice is pushing back hard against law enforcement groups that oppose the CLARITY Act, calling their claims factually wrong.
A DOJ spokesperson responded Wednesday to four major law enforcement organizations that had asked the White House to reconsider parts of the bill, including Section 604. The groups – the National District Attorneys Association, the National Association of Assistant U.S. Attorneys, the International Association of Chiefs of Police, and the National Sheriffs' Association – sent a letter June 23 warning that the bill could create regulatory gaps criminals might exploit.
"The letter from these groups contains factual inaccuracies and mischaracterizes Administration policy," the DOJ spokesperson said, according to The Blockchain Association.
The law enforcement letter argued that "broad exemptions could create gaps in oversight and accountability that sophisticated criminal actors may exploit." It specifically flagged Section 604, saying it "risks creating gaps in oversight and accountability" and could undermine existing enforcement structures.
The groups said their concerns were not about opposing innovation. "Our concern is not with individuals who merely write or publish software code, nor with responsible technological innovation," the letter stated. Rather, they worried about protections for entities that function as intermediaries in digital asset businesses, and questioned developer protections in the Blockchain Regulatory Certainty Act.
The DOJ rejected those arguments. "Law enforcement's access to relevant information will not change," the spokesperson said. The CLARITY Act "does not restrict DOJ's ability to investigate or prosecute criminal activity involving digital assets, including drug trafficking, human smuggling, and terrorism financing."
The law enforcement groups had argued there was no reason to exempt any market participants from registration and know-your-customer rules. They also wanted compliance with Bank Secrecy Act requirements or anti-money laundering provisions under the CLARITY Act. "Regulatory clarity must not be achieved at the cost of accountability, transparency, victim protection, or public safety," they wrote.
The CLARITY Act is heading toward a Senate floor vote, with Senator Cynthia Lummis saying the final text will be released by July 4. Prediction market odds on the bill passing have fallen to 41% after the opposition letter surfaced.
The DOJ's pushback could shift the dynamic. The bill's supporters have argued it would unlock institutional capital by providing clear rules for digital asset businesses. Ric Edelman, a prominent financial advisor, has said the CLARITY Act could unlock 95% of institutional capital still sitting on the sidelines.
The Senate is also planning to release a separate crypto tax bill by fall 2026, adding another layer to the legislative calendar.
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