Senate kills Clarity Act as agencies grab crypto power
- Senate Democrats blocked the Clarity Act in a 49-50 procedural vote.
- CFTC and SEC pushed executive rules to claim jurisdiction without Congress.
- Bitcoin rallied past $87,000 as investors brushed off the legislative failure.
The Senate killed federal crypto regulation.
The 49-50 procedural vote derailed the Clarity Act. The defeat left digital asset oversight stranded in partisan gridlock.
On September 19, 2026, Bitcoin Policy Institute researcher Sam Lyman explained on TFTC that partisan maneuvering torpedoed the bill ahead of midterm elections. Senate Democrats rejected the framework even after Republicans conceded on 80 percent of ethical concerns. Senator Cynthia Lummis warned the defeat leaves no realistic path for federal crypto market legislation for the rest of the decade.
Lawmakers stripped explicit criminal protections for non-custodial developers under federal unlicensed money transmitter laws right before the vote. On Ungovernable Misfits, host Q&A noted the change leaves open-source software developers vulnerable to the same federal charges brought against Tornado Cash and Samourai Wallet. Deprived of legislative boundaries, federal agencies moved rapidly to fill the void. Within 48 hours of the vote, the CFTC submitted a proposal titled Regulation Crypto Asset Transactions to the White House to establish jurisdiction over crypto spot markets.
The regulatory rush was not limited to the CFTC. Lyman noted that the SEC launched a five-year innovation window for tokenized stocks while the Office of the Comptroller of the Currency began granting bank charters to crypto exchanges. Meanwhile, the House Financial Services Committee advanced the ARMA bill to require federal agencies to retain seized digital assets for a proposed strategic Bitcoin reserve.
By September 22, 2026, market price action proved disconnected from Capitol Hill. On The Jack Mallers Show, host Jack Mallers highlighted Bitcoin's surge from $75,000 to $87,000 immediately following the Senate vote and a quarter-point rate hike from Federal Reserve Chair Kevin Warsh. Mallers argued the Clarity Act was merely protectionist window dressing for offshore trading platforms. In his view, decentralized networks do not require congressional permission to function.
While Congress stalled, executive departments quietly integrated stablecoins into foreign policy operations. On Macro Voices on September 25, 2026, Isabella Kaminska reported that a new department within the Development Finance Corporation, dubbed SWORD, began using stablecoins for strategic money drops to secure critical supply chains overseas.
The lack of statutory clarity has instead produced fragmented administrative enforcement. Peer-to-peer trading desks face immediate pressure, as seen when British authorities raided three unregistered operations in London. Without federal legislation, US policy has shifted from congressional market design to executive agency overreach.
Source Intelligence
- Deep dive into what was said in the episodes
MacroVoices #551 Michael Every: Decoding The Global Geopolitical Puzzle (Part 2) • Sep 25
- Following the failure of the Clarity Act, the US is utilizing stable coins for covert economic statecraft. Isabella Kaminska reports that a new department within the DFC, called SWORD, uses stable coins for strategic money drops to secure national supply chains.
Also discussed on this episode: (13)
Energy (5)
- Eric Townsend observes that oil prices are declining despite escalations in the Middle East. Michael Every argues that US economic blockades incentivize Iran to launch military proxy attacks, creating a permanent threat to regional infrastructure.
- Joe DeLausa and Anas Alhajji warn that a severe global diesel crisis is highly probable. Decades of refinery closures in the West, coupled with supply disruptions in Russia and the Middle East, have left global inventories dangerously low.
- Banning US diesel exports to keep domestic prices low could disrupt the integrated global energy market. Michael Every argues the US could leverage statecraft, like the Defense Production Act, to establish a closed-loop energy bloc with selected allies.
- Despite physical uranium prices remaining elevated near $90, uranium equities are showing significant fatigue. Patrick Ceresna warns that the Global X Uranium ETF is vulnerable to a breakdown below $40, which could trigger further short-term downside.
- Patrick Ceresna recommends a bull call spread on the United States Oil Fund to position for renewed crude oil strength. The trade involves buying the January 2027 expiration $150/$180 spread for a net debit of $8.25.
Diplomacy (2)
- Michael Every states that US strategy in the Middle East focuses on securing long-term leverage over China. If the US cannot defeat Iran, maintaining regional instability ensures that North American energy reserves remain the dominant strategic global asset.
- The United States quietly secured a permanent security agreement with Denmark regarding Greenland. The deal grants the US unlimited military expansion rights, veto power over foreign investments, and strategic control over Greenland's mineral and energy resources.
War (1)
- Ukraine defied warnings from Donald Trump by striking Russian diesel refineries, knocking out an estimated 40% of Russia's refining capacity. Michael Every suggests the resulting global price spikes could force European allies to pressure Ukraine into a settlement.
Trade (1)
- China proposed extending its current trade truce with the United States until the end of the presidential term. The US administration only offered a short-term extension, signaling they expect to gain stronger geopolitical leverage within months.
Macro (3)
- Patrick Ceresna reports the 10-year Treasury yield broke above 5.10% and the 30-year yield surpassed 5.40%. Fed Funds futures are pricing in a 70% probability of an October rate hike, with real yields hovering near 2.7%.
- Commitment of Traders data reveals an unprecedented repositioning in the Japanese Yen. Patrick Ceresna highlights that large speculators swung from 92,000 contracts net short to more than 120,000 contracts net long in just two weeks.
- The US Dollar Index broke above 101, raising funding concerns globally. Patrick Ceresna indicates that the Euro is the most vulnerable cross-currency in the basket, threatening to fall toward the 1.08 to 1.10 range.
Markets (1)
- Patrick Ceresna notes extreme market divergence, where only 28% of S&P 500 stocks trade above their 50-day moving average. Five mega-cap stocks are carrying the index, masking deep structural weakness in financial and small-cap sectors.

Jack Mallers
Bitcoin Rips Despite Rate Hikes & The CLARITY Act • Sep 22
- Jack Mallers highlights Bitcoin's rapid rise from $75,000 to $87,000 following a Federal Reserve rate hike and the legislative failure of the Clarity Act. This decoupling demonstrates that Bitcoin does not rely on regulatory approval to thrive.
- Jack Mallers argues the failed Clarity Act was designed to create regulatory moats for speculative crypto gambling companies rather than support financial innovation. He asserts that Bitcoin requires no legislative validation from Washington to function.
Also discussed on this episode: (8)
BTC Markets (1)
- Jack Mallers notes that while Bitcoin is near its nominal dollar peak, it remains down 50% against gold. He claims a new gold-denominated peak of 40 ounces of gold per Bitcoin would imply a dollar price of $175,000.
Macro (4)
- Jack Mallers warns of a Western sovereign debt crisis, pointing to yields on 10-year bonds in the US, UK, France, and Japan hitting multi-decade highs. He attributes this shift to a systemic lack of demand for government debt.
- Jack Mallers explains that with treasury inflows down to $300 billion, foreign buyers have abandoned US debt. Consequently, Americans must finance their own government's deficit, shifting the US from exporting inflation globally to importing it secularly.
- Jack Mallers highlights that pension funds are retreating from the treasury market, leaving highly leveraged hedge funds to fill the void. This systemic leverage leaves the US government financing structure acutely vulnerable to spikes in market volatility.
- Jack Mallers highlights data showing US housing affordability is at an all-time low. The qualifying income to purchase a median home has surged to $120,000, while the median household income sits at just $80,000.
Fed (1)
- Jack Mallers contends that Federal Reserve rate hikes exacerbate the fiscal crisis by exponentially increasing the government's interest expenses. With US debt over $40 trillion, higher rates expand the deficit rather than cooling systemic inflation.
Iran (1)
- Jack Mallers highlights claims that Iran is waging a financial war against the US by restricting oil flow through the Strait of Hormuz. This supply squeeze drives energy inflation, forcing interest rate hikes that worsen the US deficit.
Payments (1)
- Jack Mallers announces the redesign of the Strike website to target retail, business, and institutional users. The platform will soon launch an automated feature paying 3.5% to 4% interest on cash balances, instantly converted into Bitcoin daily.
Breach Season Continues | THE BITCOIN BRIEF 91 • Sep 21
- The United States Senate blocked the Clarity Act in a forty-nine to fifty vote, falling short of the sixty votes required to advance the market structure bill. Senator Lummis warned the defeat leaves no realistic path for similar legislation this decade.
- The final text of the failed Clarity Act dropped explicit criminal protections for non-custodial developers under Section 1960 unlicensed money transmitting laws. The omission leaves self-custody software developers exposed to the same charges brought against Tornado Cash.
- Following the Clarity Act defeat, the Commodity Futures Trading Commission submitted a rulemaking proposal titled Regulation Crypto Asset Transactions to the White House. The agency also expanded relief allowing passive trading software to bypass broker registration requirements.
- British authorities raided three unregistered peer-to-peer trading operations in London as part of an escalating crackdown. The Financial Conduct Authority stated that zero peer-to-peer crypto businesses are currently registered in the United Kingdom.
- An investigation by Lola Leets suggests the United States strategic Bitcoin reserve may currently exist only on paper. The House Financial Services Committee advanced the ARMA bill, ordering agencies to hold seized coins until the reserve is fully certified.
Also discussed on this episode: (8)
Custody (1)
- Foundation released legacy mode for the Passport Prime hardware wallet, allowing users to migrate alternative coins using ported ledger applications. This open-source feature allows users to load external apps onto KeyOS without compromising the core operating system.
Privacy (4)
- Peer-to-peer marketplace Hodl Hodl implemented and then immediately disabled an automated transaction risk scoring system after intense user backlash. Privacy advocates argued the compliance-driven system would inevitably flag legitimate users of privacy-preserving tools like coinjoins.
- Attackers leaked KYC data stolen from Revolut's Lithuanian branch using a compromised Italian government email address to impersonate law enforcement. The extortionists targeted six hundred eighty high-value crypto accounts and demanded a ransom.
- Signal introduced a beta feature on Android allowing users to register accounts using a one-time fee instead of a phone number. The system uses zero-knowledge proofs to decouple Google Play payments from the generated accounts.
- A newly disclosed zero-click cellular baseband vulnerability affected Google Pixel devices, granting attackers system-level bypass capabilities. GrapheneOS developers successfully integrated the necessary baseband vendor patches into their mid-September operating system release.
Protocol (1)
- The Liquid network remains roughly six hundred Bitcoin short following a security incident, with peg-outs to on-chain Bitcoin remaining paused. Blockstream stated that redemptions will not resume until the one-to-one asset backing is verified and audited.
Lightning (2)
- Core Lightning developers urged operators to disable the experimental dual-funded channel feature after attackers successfully drained node liquidity offline. The exploit allowed peers to open channels containing ten times the actual locked funds.
- Lightning Labs developer Roast Beef proposed a Bolt 11 spec modification to reject invoices containing duplicate payment hashes. The proposal follows a peer-to-peer trading bot exploit caused by differing library parsing behaviors.

Marty Bent
#793: China Is Funding The War On Data Centers with Sam Lyman • Sep 19
- Sam Lyman notes that the Clarity Act failed to pass cloture primarily due to partisan voting ahead of the midterm elections. Senate Democrats rejected the bill despite Republicans making concessions on 80% of their ethical concerns.
- Federal regulatory agencies are moving forward with digital asset frameworks despite legislative gridlock. Sam Lyman highlights the SEC launching a five-year innovation window for tokenized stocks and the OCC granting bank charters to crypto exchanges.
- Marty Bent notes that the ARMA bill cleared the House Financial Services Committee. This legislative milestone advances efforts toward establishing a US strategic Bitcoin reserve.
Also discussed on this episode: (7)
Stablecoins (1)
- Sam Lyman argues that warnings about stablecoins draining community bank deposits are false political talking points. He suggests stablecoins offer a critical path for the survival of community banks, half of which have collapsed since the Great Recession.
China (1)
- Sam Lyman's research reveals that Chinese state media and US-based, China-funded Marxist organizations are waging coordinated propaganda campaigns against American AI data centers. These efforts have successfully blocked $24 billion in domestic infrastructure investments.
AI Infrastructure (2)
- Propaganda campaigns have led 71% of Americans to oppose living near a data center, a rate higher than nuclear power plant opposition. Meanwhile, China subsidizes its own AI data center energy costs by up to 50%.
- Sam Lyman proposes data center dividends modeled on the Alaska Permanent Fund to build local support. A one-gigawatt data center generating $150 million in annual taxes could yield $9,000 per household in rural counties.
Labor (1)
- US construction jobs have hit a record high of 8 million due to the data center build-out. Over 40 labor unions actively support these projects because they generate high-paying blue-collar jobs, such as electricians earning up to $200,000.
Safety (1)
- Sam Lyman argues that frontier AI executives leverage AI safety doomsday warnings as a regulatory moat to stifle open-source competition. This fear-mongering exploits public ignorance in a manner similar to historical climate and pandemic narratives.
Open Source (1)
- The Bitcoin Policy Institute advocates for open-source AI as a vital tool to protect individual privacy against centralized corporate duopolies. Major firms like Latham & Watkins are already bypassing commercial APIs to host open-source models locally.

