By Tyler Warner
4 min read
Morning Minute is a daily newsletter written by Tyler Warner. The analysis and opinions expressed are his own and do not necessarily reflect those of Decrypt.
GM!
Today’s top news:
The Clarity Act has been stuck in the Senate since lawmakers left for August recess without a procedural vote, still short of the roughly six Democratic votes it needs to clear 60. On Thursday, CFTC Chair Michael Selig told a room full of crypto executives that if the bill stays stuck, his agency will build the framework without them.
“If Clarity continues to stall because of Democrat obstruction, the CFTC will utilize its existing authorities to begin establishing a regime for crypto asset markets,” Selig said at the inaugural meeting of the agency’s Innovation Advisory Committee. He’s already started. Staff have been directed to explore rules codifying a CFTC market structure for digital assets, and Selig said he’ll direct them to formally propose those rules if Congress doesn’t move. “Rest assured, I will direct CFTC staff to move swiftly.”
Myriad: Will the Clarity Act be signed into law in 2026? Click to make your prediction.
With this new framework, existing CFTC registrants and currently unregistered crypto exchanges could both come under agency oversight. Leveraged and margined crypto trading would likely be permitted under rules tailored to digital assets. Selig also directed staff to engage directly with developers of onchain finance protocols on how they can operate legally in the U.S.
As for the tension with Congress, Selig said legislation remains his preferred path precisely because rules written by an agency can be unwritten by the next one, calling the bill the surest way to prevent another Gary Gensler from running lawfare against crypto again. But if Congress won’t do it, Selig will.
So let’s summarize this week. On Tuesday, the SEC proposed its first formal crypto rules Tuesday. On Wednesday, Trump pushed the Senate on Clarity and said Hyperliquid is coming to the U.S. On Thursday, Selig confirmed he’s moving forward with a crypto framework if Clarity stalls in September.
Washington has picked up the crypto ball and is running with it. Let’s see where they take it…
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