President Donald Trump just issued one of his most important, and least remarked upon, executive orders to date. It’s nothing so immediately eye catching as cracking down on anti-Christian discrimination or recognizing just two human sexes. But it could keep you, and your loved ones, from being criminally prosecuted for crimes you weren’t even aware existed.
“Fighting Overcriminalization in Federal Regulations,” issued May 9, 2025, gives agencies a 365 day deadline to provide a list of “all criminal regulatory offenses enforceable by the agency or the Department of Justice [DOJ].” The report must be made public. It must be updated annually.
WASHINGTON, DC – MAY 09: U.S. President Donald Trump is joined by Republican lawmakers, (L-R) Sen. Ashley Moody (R-FL), her son Connor, Rep. Gary Palmer (R-AL) and Rep. Brian Jack (R-GA), after Trump signed Congressional resolutions into law in the Oval Office at the White House on May 09, 2025 in Washington, DC. (Photo by Chip Somodevilla/Getty Images)
Why is this necessary? Incredibly enough, no one knows with certainty how many separate criminal offenses are in the Code of Federal Regulations. One does not need to intend to commit a crime to run afoul of the law, particularly when there may be thousands of minute offenses. One does not need to have a guilty mind, or mens rea, a typical common law test of criminal liability. This lower standard makes it exceptionally easy to target an individual for prosecution and find an offense which might fit.
See, for instance, the standoff between a Nevada rancher and the federal government over property disputes. Or the charges levied by Joe Biden’s administration against fifth-generation South Dakota ranchers Charles and Heather Maude over a 25-acre land dispute, according to Fox News. (RELATED: Cost Of Regulatory Burdens Reached Staggering Levels In 2024, Report Says)
This doesn’t mean, of course, one can murder or steal with impunity under the guise of “I didn’t know it was illegal.” The Executive Order makes it clear that in addressing criminally liable regulatory offenses, agencies should consider the risk of harm caused by the offense. It only means Americans should not — and no longer will — have to live with this Sword of Damocles dangling above.
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