President Trump’s Latest Executive Order: A Major Step Against Overcriminalization

In a move that has flown under the radar but could have significant implications for every American, President Donald Trump has issued a crucial executive order aimed at tackling the issue of overcriminalization through federal regulations. The executive order, titled “Fighting Overcriminalization in Federal Regulations,” was signed on May 9, 2025, and mandates federal agencies to identify and list all criminal regulatory offenses that they or the Department of Justice (DOJ) can enforce.

Details of the Executive Order

The order sets a strict deadline of 365 days for agencies to compile and publicly release this list. Furthermore, this list is required to be updated annually. This directive addresses a critical and often overlooked problem: the vast and unclear array of criminal offenses codified in the Code of Federal Regulations. Astonishingly, the exact number of these offenses is currently unknown, making it perilously easy for individuals to unintentionally violate the law.

The Problem of Overcriminalization

Under the current system, a person does not need to intentionally commit a crime to be in legal jeopardy. The sheer number of minor regulatory offenses, coupled with the lack of requirement for a guilty mind, or mens rea, traditionally a cornerstone of criminal law, lowers the bar for prosecution significantly. This situation has led to numerous instances where individuals find themselves facing criminal charges without a clear understanding of their wrongdoing.

Notable examples include the high-profile standoff between a Nevada rancher and the federal government, and the case reported by Fox News involving South Dakota ranchers Charles and Heather Maude, who faced legal action from the Biden administration over a dispute concerning 25 acres of land.

Implications of the Executive Order

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This executive order does not imply that serious crimes like murder or theft can be excused under the pretense of ignorance. Instead, it clarifies that while determining the criminal liability of regulatory offenses, agencies must consider the potential harm caused by the offense. Essentially, this move by President Trump ensures that Americans will no longer be subject to the constant threat of prosecution for violations they might not even be aware of—a significant step towards fairer legal standards and greater personal freedoms.

Through this action, President Trump continues to uphold the values of justice and liberty, reinforcing his commitment to protecting the everyday American from the overreach of unchecked bureaucratic power.