Regulation & Policy

Clarity Act sits idle in Senate as Warren and Blumenthal ask SEC to investigate Trump’s memecoin

3 min read
Clarity Act sits idle in Senate as Warren and Blumenthal ask SEC to investigate Trump's memecoin

Sens. Elizabeth Warren and Richard Blumenthal formally asked the SEC on Monday to investigate President Trump’s memecoin. The move deepens an ethics standoff that has frozen the crypto market-structure bill known as the Clarity Act, with Congress set to leave for a month-long recess in a matter of days.

In a letter to SEC Chairman Paul Atkins, the two Democrats want the agency to probe an estimated $3.8 billion in losses suffered by almost a million investors in $TRUMP, according to CoinDesk. Trump’s own financial disclosure, the senators say, shows he made $636 million off the token.

The timing is deliberate. The Block frames this week as decisive for the legislation. The window before lawmakers depart for their August recess is narrow and closing.

“While all cryptocurrency trading involves risk, such a stark asymmetry raises questions about how the president made his cryptocurrency fortune, including through potentially fraudulent enrichment schemes with implications for market integrity and stability, not to mention the financial well-being of nearly a million American investors,” Warren and Blumenthal wrote, according to CoinDesk.

$TRUMP hit $46 at its peak. It trades near $1.47 now, per the letter’s figures as reported by CoinDesk. The token spiked twice on dinner announcements tied to the project. One of those events was at Mar-a-Lago, with Trump as keynote speaker. Both rallies faded.

The SEC has already signaled it does not consider memecoins its concern. Staff guidance issued under the Trump administration in February 2025 stated that memecoins have “limited or no use or functionality” and fail to meet the threshold for securities, CoinDesk reported. Warren and Blumenthal want that posture tested regardless. “The SEC must be willing to enforce the law even when potential wrongdoers include those with powerful political connections,” they wrote.

That is the backdrop. The Clarity Act, the Senate’s primary vehicle for crypto market-structure rules, has gone nowhere. The sticking point is an ethics provision designed to limit senior officials’ direct involvement in crypto projects. On paper, such a rule would touch the president’s own token.

Trump agreed to a version of that limit. Critics say it would have had, in CoinDesk’s phrase, “very narrow practical effect.” Democrats rejected it outright. They said they would oppose the bill unless the provision grew tougher.

Sens. Thom Tillis and Ruben Gallego then negotiated a stiffer rewrite and sent it to the White House last week. Days later, they were still waiting. White House spokespeople did not immediately respond to CoinDesk’s questions about where things stand.

Senate Majority Leader John Thune wants floor votes on the bill this week. Without a fresh deal capable of winning over as many as ten Democrats, according to CoinDesk, that timeline points toward defeat rather than a breakthrough.

Warren, the top Democrat on the Senate Banking Committee, has stayed outside the negotiations entirely. She has opposed the bill from the start. That matters beyond this week. If Democrats retake the Senate in the midterms, she would likely chair the committee that oversees the SEC and much of the crypto legislative agenda going forward.

Republicans and the White House have not laid out a public counteroffer. Traders, as ever, disagree on what happens next.

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Theo Okafor

Theo Okafor reports on crypto policy and protocol governance for NFT Signals, following legislation through Congress and core development through the upgrade process.