Crypto WH Meeting, War, Midterms

Key Takeaways
  • Crypto regulation is on the White House agenda this week despite Congress being on break.
  • Ethics and partisanship continue to add to doubts as to whether the Clarity Act can become law before the midterm elections.
  • Meanwhile, issues stemming from the Iran war seem likely to dominate debates in the various midterm election races that could cause control to shift in one or both chambers of Congress.

This Wednesday, President Trump is expected to attend a White House meeting on crypto regulation.  There is a growing consensus that the U.S. must develop a regulatory process to ensure that the growing crypto industry doesn’t grow offshore and is regulated by U.S. government agencies.  Both the SEC and CFTC will be at the White House-hosted event.

Congress has made some progress in developing a regulatory structure with the House-approved Clarity Act that has been stalled in the Senate.  With the announcement earlier in the summer of the large crypto gains made by the president and his family, Democrats have jumped on the need to incorporate tough ethics standards into the Act.  To date, the White House has supported an ethics provision that limits government officials’ participation in crypto, but exclusively enforced through the U.S. Department of Justice, which is now under the leadership of President Trump’s former personal lawyer.  Democrats believe this has given them a good issue to use in attacking the president’s appearance of conflicts of interest regarding crypto investing. They appear reluctant to resolve the issue prior to the midterm elections.

The legislation got stuck in the Senate, but Leader John Thune (R-SD), prior to the Senate’s summer break, started the process for a Senate vote on Sept. 15 to invoke cloture. This would stop any Democratic filibuster of the Clarity Act and allow the Senate to vote on the bill.  To invoke cloture and force a vote requires the support of 60 senators, and at this point it is not clear if there are 60 votes to move to a vote.  With the illness of Sen. Mitch McConnell (R-Ky.), there are only 52 Republican senators, and among them are reportedly at least two who oppose the legislation.  This would bring the number of Republicans supporting the move to 50, requiring 10 Democrats to support the vote.  At this point, with the president’s reluctance to support any bipartisan ethics language, it is not clear if the 60-vote threshold can be met. 

In my view there is broad agreement that the U.S. should have a clear regulatory structure for crypto, but the involvement of the president and his family may make a positive vote prior to the midterm election a challenge. The odds may significantly improve once the midterms are over.

War and midterms

The war in Iran will continue to dominate the headlines as the administration continues to search for an exit strategy that opens the Strait of Hormuz and deals with the Iranian nuclear issue.  In recent days, the conditions on the USS Abraham Lincoln aircraft carrier have been dominating the headlines, but the situation points to the larger issue facing the U.S. forces being deployed as part of the war effort.

The president last week discussed the issue of higher prices, especially for gasoline. He made clear that he views higher prices as a small price to pay to deal with the threat of a nuclear-armed Iran. This is the most recent White House response to Republican concerns that higher prices are hurting GOP candidates as the midterm elections draw closer.

While Democrats have expressed optimism on capturing the House and potentially making gains in the Senate, redistricting has made several districts less competitive and reduced the number of House seats in play.  The current lineup in the House is 219 Rs, 212 Ds, and four vacant seats.  With these close numbers it would not take a wide swing to turn the House Democratic, and polls suggest this could happen. 

In the Senate, the current margin is 53 Rs to 47 Ds, with 32 seats up on Election Day.  The seats in Michigan and Georgia are the two seats currently held by Democrats that Republicans believe they have the best chance of flipping.  Democrats see attractive odds for challengers they are backing in North Carolina, Maine, Ohio, Texas, Iowa, and Alaska. Recent polls have also shown that strong Democratic challenges are possible in the Republican states of Kansas and Nebraska.  With these well-financed challengers Democrats believe they have a chance of flipping the Senate.  But it is a steep climb, and a 50/50 Senate would remain Republican due to the vice president breaking any tie votes.

Disclosures (show)