Bankless - Clarity Act Odds Jump to 75% After Surprise Senate Vote | Alex Thorn

Episode Date: May 18, 2026

Two surprise Democrat votes just rerated the entire crypto policy timeline. After the Senate Banking Committee advanced the Clarity Act on a bipartisan basis, Galaxy Digital head of research Alex T...horn moved his odds of the bill being signed this year from a coin flip to 75%. He and David map the seven-week sprint to the president's desk, the ethics-provision standoff that could still sink everything, the bank lobby's quiet obstruction game, and why the stablecoin yield compromise leaves the real fight for rulemaking. ------ 📣SPOTIFY PREMIUM RSS FEED | USE CODE: SPOTIFY24 https://bankless.cc/spotify-premium ------ 🔮POLYMARKET | #1 PREDICTION MARKET https://bankless.cc/polymarket-podcast  🟦 COINBASE ONE | MEMBER MONTH https://bankless.cc/coinbase-one 🧭OKX | TRADE, EARN, PAY to OKX | 120M+ USERS WORLDWIDE https://app.okx.com/join/USBANKLESS 🦊 METAMASK | DOWNLOAD NOW https://go.metamask.io/BL-Pod-Download  🌐BRIX | EMERGING MARKET YIELD https://bankless.cc/brix 💰NEXO | Get your 30-day access to Wealth Club Premier https://bankless.cc/nexo  ------ TIMESTAMPS 0:00 Intro 0:39 Clarity Act Vote Reactions 5:16 What’s Next? 10:05 Trump Veto? 15:21 Stablecoin Rewards Compromise 28:14 Administration Precedence 31:02 Why is Clarity So Important? 41:01 Which Ecosystems Benefit the Most? 42:59 Clarity Act Passing Over-Under 48:17 Bitcoin Price After CLARITY 49:39 Closing & Disclaimers ------ RESOURCES Alex Thorn https://x.com/intangiblecoins  Galaxy Digital https://www.galaxy.com/  Senate Banking Committee Advances Crypto CLARITY Act https://www.bankless.com/read/news/senate-banking-committee-advances-crypto-clarity-act  ------ Not financial or tax advice. See our investment disclosures here: https://www.bankless.com/disclosures⁠

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Starting point is 00:00:00 This bill is, and I've written about it as so foundational when you pair genius and clarity together that it's almost like the Securities Act of 1933 and the Exchange Act of 1934, the pair of which, and of course there were others that also mattered. But those two laws basically created the conditions for the last 100 years of U.S. capital markets dominance. And I sort of view the pair of genius and clarity if we get these both through. You're looking at decades of innovation and integration using blockchains in U.S. capital markets
Starting point is 00:00:33 and that's why you want it. Bankless Nation, I'm here with Alex Thorne. He is head of research at Galaxy Digital. I think being head of research at Galaxy Digital means that you are researching Clarity Act for the past two, three, four months, maybe even longer. We just got a huge vote.
Starting point is 00:00:52 The Senate Banking Committee vote to pass the Clarity Act past the committee. Now it to go to the Senate floor, so we're definitely not done yet, but a pretty substantial vote. Alex, how excited, how thrilled are you right now? How are you feeling? I'm very excited. I've been a little bit on the pessimistic side in this bill over the months, you know, just the amount of complexity that is required the competing equities, you know, banks and the Dems and the Republicans and the White House and the law enforcement and the developers
Starting point is 00:01:23 and there's just so many and so many issues. It's such a big bill that I'm I had been generally, I would say on the more pessimistic side, you know, in the sort of of crypto policy world. I'm not pessimistic now. I think we're saying 75% chance likely that it gets signed into law this year, which is what me, I think two weeks ago I called it a 50-50 coin flip. That's because we were surprised in the end. We got two Democrats to vote with the Republicans on the Senate banking committee to advance
Starting point is 00:01:51 the bill to the floor. So the bill is bipartisan. And we've all wanted that and worked very hard. for that to be the case. And there's, you know, considered to be about five getable Democrats on that committee who like crypto and could vote yes. Many of them voted for, you know, they, I think all voted for the Genius Act, for example. But late Wednesday, it just, it didn't seem like they had gotten to a place where they could vote yes. So we, and most of the people woke up that have been really close to this on Thursday, expecting it to be a party line vote.
Starting point is 00:02:25 So when it wasn't, and Ruben Gallego and Angela Alslebrooks voted yes, that was a very exciting surprise. So now we're feeling very good. So partly expectation game, technically we'd like to have had three or five, but for a bit, while watching it, we thought we were going to get zero. So, you know, it was an upside surprise. If you could get a 3% top off on your entire portfolio today, would you take it? Because Coinbase is basically offering exactly that. If you've been looking for an excuse to consolidate your assets, this is it. Until May 31st, Coinbase is giving a straight 3% Bitcoin boost on any crypto or cash deposits all month.
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Starting point is 00:05:12 Not investment advice, services not available in New York in Texas. Yeah, yeah. So as I understand it, it was expected that this was going to pass the Senate banking committee. That was not really in question. What was really what you are surprised about is how much more unanimous it was than expectations. It's not completely unanimous. There were still some Democrats voting no, but we got more Democrats voting yes than we originally thought, which kind of just like re-rates our expectations for the future votes that need to take part, take place for this bill to become a bill. Maybe we can just simulate really quickly what's left in this process. So we're out of
Starting point is 00:05:46 the Senate banking committee. What happens next? How do we get this to the finish line? Yeah, there's a few steps. I'll walk you through it. First, the Clarity Act from the Senate Banking Committee, has to be reconciled with the Digital Commodity Intermediaries Act, which is the Senate Agriculture Committee's one, right? Because Senate Banking does SEC and bank stuff, but agriculture does CFDC and commodity stuff. And of course, a lot of cryptos are commodities. And so those have to be reconciled that could take maybe a week. You know, that's like getting the heads together and smashing them together into one bill. Then you need, consideration, right? So that is the Senate floor debate, and that will take a week. And let's assume the Senate then passes it. Then there's a process between the Senate and the House to reconcile the digital asset clarity act of 2025 that the House passed last July with the now Senate package that will have passed.
Starting point is 00:06:41 That could take a week. And then the House will have to vote on the reconcile package as well. So who knows that's not probably quite a week. The House is much faster than Senate. All of this adds up to it could take seven weeks of work to actually, if everything goes right, if all the votes pass and stuff and there's no weird hiccups to get this thing to the president's desk and have him sign it. There's only nine weeks of actual Congress time between now and the August recess. and after the August recess in a midterm election year, historically pretty much nothing happens.
Starting point is 00:07:20 So we've got about nine weeks and we think it'll take about seven. So theoretically, we've got two weeks a buffer. I'm hoping that they start working on it Monday morning. Yeah. So let me kind of articulate what I think is going on and you can kind of correct me. Things are like looking good. We have a high, like our expectations are rerated to the upside about how unanimous bipartisan this bill is.
Starting point is 00:07:41 That's great. It's out of the Senate banking. That's great. There is a bunch of steps that this thing needs to go through, but we don't perceive that there's going to be any big blockers. We think the Senate's going to vote yes. We think the House is going to vote yes. But really the margin for error, the room, the wiggle room that we have is just not a lot.
Starting point is 00:08:01 So if something happens, it can go from being likely to pass to we just ran out of time. And by the time we get to the midterms, it's a whole new Congress, right? there are a lot of possible pitfalls and potholes that can really muck us up. So I want to say, and I should say, both Angela Alsabrooks and Ruben Gallego stressed repeatedly that their vote for yes out of the committee does not guarantee their vote on the floor. All sides are saying there's a lot of stuff to be worked out still. We should talk about that. So I think, you know, given that we were able to get this negotiated compromise in such a fireworky, lot. last minute way. I think that's giving us optimism that although there are potholes, like,
Starting point is 00:08:47 we could probably work those out too, but it's definitely not a given. I think in the Senate is still the big, I mean, one of the big ones to talk about is ethics, right? The Democrats want some form of prohibition on government officials, elected officials, maybe their families either launching, owning, profiting from, trading, endorsing, et cetera, cryptocurrencies, right? And that issue is not germane to the Senate banking committee. If it were to be considered in a committee, it would probably be in the ethics committee. And so technically it wasn't even appropriate to consider an amendment about that in Senate banking and they did not. So that, but that will be a big part of advancing this on the floor. Would you say that the ethics issue is, if the bill fails for whatever reason, it's like statistically likely to be the ethics reason? Absolutely. Absolutely. Why can't the Republicans just give the Democrats what they want on this? Well, I mean, if you think about it, there's one person that has the most legal authority to kill this bill than anyone else.
Starting point is 00:09:54 And it is the president of the United States. He can veto the bill, right? The antagonist to the ethics issue. Like, he's the subject of the ethics issue. But also, like, I was thinking about this this morning. Say, Clarity Act it passes. The Senate passes the House, gets reconciled, would get all the obstacles. it gets to the president's desk and it's the Clarity Act it's he wants to make crypto the United States, the crypto of the capital of the world
Starting point is 00:10:17 but the ethics clauses in there preventing presidents him and anyone else profiting from crypto and he vetoes the bill when it's on his desk I just can't see him doing that. Yeah I don't know
Starting point is 00:10:32 it is funny to think about I think they're not going to send him a bill that they that has an ethics provision that he hates. So I think the game instead is for both sides. I mean, again, Democrats, many of them want this bill passed as well, right? I mean, there's 78 Democrats voted for clarity in the House last year. That was almost half the caucus. So it's the sort of the needle to thread here is something that gets the Democrats and others who want ethics provisions here,
Starting point is 00:11:02 get them something they can, that is, you know, strict enough that it accomplishes their goal while not being unpalatable to, you know, Republicans in the White House. And I do think there is a path there. The White House has pretty much signaled that as long as the ethics provision does not solely single out the president or vice president, the constitutional officers that they represent, they could before, they could be okay with it. So it's a matter of finding that language. Like, we know, you know, we've, plenty of people have guessed it what the language could
Starting point is 00:11:36 be and knowing, you know, even smart people, we, we, we. know what the parameters might be and what the politics are. I'm not aware that anyone has actually shared any text on this. I think it's mostly Kirsten Gillibrand, Senator Lumas, maybe Bernie Morano, Gallego, also Brooks that are sort of like negotiating this. I know Kirsten Gillibrand, who's a very big supporter of digital assets in the crypto industry, but also feels very strongly and has said publicly that she wants an ethics provision. So I think this is going to be like a rerun of Lumas Gillibrand. and it's just a matter of if they can get something that is good enough, but that the president will sign.
Starting point is 00:12:13 Do you think it's a matter of just how the wording of the ethics clause targets or does not target Donald Trump specifically? So if the clause is like, Donald Trump specifically cannot do this, then Donald Trump is vetoing it. But if it just adds him to a large group of people and gives him the ability to kind of save face, because he doesn't want to sign a bill that's like an anti-Donald Trump bill,
Starting point is 00:12:35 but he'll sign a bill that allows him. him to retain his pride, retain his ego, like say that he won, get like, you know, be able to say that, you know, I got everything I wanted here. And so if it gives him like this deniability or this way to preserve his ego, then he'll sign it. I think so. I think it's basically something like that. I think, I mean, I think if it's, if they want to, you know, modify the ethics provisions that already exist to just add the word crypto, right? Like, I think that's pretty reasonable. I, yeah, they don't want anything targeting the, and it's not just because of what President Trump, like, or his family are or aren't doing in crypto. It's because they don't want from sort of a constitutional standpoint, like, it's a much higher bar if the Congress is going to start dictating what the president, the article to officers can and can't do.
Starting point is 00:13:27 Like, you know what I mean? Like, it's, this is the president and the vice president. They're constitutionally elected officers that are in the constitution as are in the executive branch. They are the executive branch. And so I think if it's perceived to be the legislative branch attacking the constitutional officers of the executive branch, people have some constitutional questions about that and becomes much trickier. If it says government and elected officials, like who already have their own restrictions will now just, we'll add this to a list of things. I don't think it's as controversial. We don't really know, though, honestly.
Starting point is 00:13:59 We, I mean, we haven't seen language. And this has sort of been on the back burner while the finance and treasury. related issues are sorted out in the committee. So like this is sort of a fight still yet to be had and it could it could spin a lot of different ways. I'm somewhat optimistic though like based on some of the needle threading we just discussed that something could get done. And I also think that if a deal here is struck, probably most of the other issues that are still sort of outstanding fall away completely. I don't, I think like for example, stable coin yield if that's if the banks are still agitating and stuff or BRCA, right, law enforcement still wants, you know, changes or whatever.
Starting point is 00:14:41 Like, I think it's plausible in that spot that if ethics is solved, like people are just going to say, all right, good, we're done. That was the hardest one, I think. So that's kind of why we're optimistic because like you and I just now were able to envision a pathway for ethics. And that's the biggest blocker at this point. So if that's, if that clears, I think you're, you're in pretty good shape. Let's talk about the big hurdle that we just got over, which is maybe not completely got over, but Stablecoin rewards, the compromise between the banks and crypto. There was a compromise here. Do you have an opinion on who kind of got the better deal? Do you think it was kind of split down the middle pretty fairly? What happened here? I think it was, it's pretty fair. I mean, the high level
Starting point is 00:15:25 contours, which I know you guys have talked about on your shows, plenty. So, I mean, your audience is probably well aware, but just really quickly restated is that the genius act, already banned permitted payment stablecoin issuers from passing yield to token holders. However, it didn't take a position the Genius Act doesn't on whether or not some third party can pay yield, right? And of course, this is particularly relevant because Coinbase and Circle have a specific arrangement where I think Cornbase gets 50% of the revenue and 100% of the revenue for stablecoins held on their platform. So they're kind of close to the issue or they're actually getting the underlying collateral yield already, right?
Starting point is 00:16:05 So it'd be a little different if like a random crypto exchange wanted to pay. It's like, I mean, sure, you can pay your users to put stablecoins there, but if the, if you're not getting paid for it yourself, why would you do that? The compromise has been that a third, an exchange or a third party intermediary can pay rewards if they're tied to user activity and not to simply solely in connection with holding the stable coin. And that's because the banks think that that looks like a bank account and that it will cause, they argue that it will cause deposit flight out of the banking system. And in a classic sort of collegiate debate like spiral escalation, the flight from the banking system will cause the economy will drive lending in the economy and that will cause the economy collapse and then, you know, a nuclear bomb will go off or whatever.
Starting point is 00:16:50 Yeah, I think there was plenty of research. I think you guys put out some research that kind of just showed that this was just not going to be the case. But I'm not sure the facts of the matter really mattered. Like it was just an argument that they needed to justify their actions, which is to preserve their profits. But whatever. I think really the question is how much flexibility is in the wording. You tweeted out the wording. I don't know if that's still accurate.
Starting point is 00:17:14 Cannot pay stable coin yields solely in connection with holding idle balances or in a manner economically or functionally equivalent to bank deposits. So I think the question is like how easy is it for Coinbase or anyone interested? in providing yield rewards to their customers, how many hoops do they have to jump through to be able to get over the hurdle with activity? You know, it's such a good question, David, but I don't think anyone really knows the answer to it because this will also go through rulemaking after.
Starting point is 00:17:47 So, like, I think the specifics of that stuff will be hammered out probably in subsequent rulemaking downstream from the legislation. So it sounds like this fight is not over. Yeah, well, and it's not. And if you go and look at the Genius Act rulemaking is happening now at the OCC and the banks are fighting there about it as well. So like these fights will go on.
Starting point is 00:18:09 I think, you know, personally, the research we put out showed that for every dollar of interbank domestic deposit migration, you're going to get $2 of foreign inflows into U.S. banks. So sure, can there be winners and losers like when a new technology or a new product comes out? Of course. There always can be. and, you know, smaller mid-sized banks that, you know, don't have, aren't tech forward or take a, you know, head in the sand approach to a new banking technology or a new money technology, which is what stable coins are.
Starting point is 00:18:40 Yeah, they might not do that well. I think that's right. But the irony here is that, one, I think the biggest threat to small and mid-sized banks is big banks who have been opening tens of thousands of branches across, you know, middle and rural America. and also they're all building it too. The big banks, they're not that concern really about their deposits fighting, right? They're building stable coins. They're building wallets and crypto infrastructure. They're doing all of that. So I actually think this whole thing.
Starting point is 00:19:11 And, you know, you saw this, that compromise that Tom Tillis and Angela Alcibrooks hammered out, that they worked for four months on and they had meetings at the White House with the bank lobby and crypto and the senators. Then as soon as they released this compromise, the banks disavowed it and said it's not good. And I'm sorry, but like, first of all, that's incredibly ridiculous and rude, okay? No one thinks a compromise is good. That's why it's called a compromise, right?
Starting point is 00:19:37 Second, though, like, I really think that this is part of a strategy to deny, delay, obstruct while they hopefully entrench and build their moat with our technologies, right? Like, I really think that's what it's happening here. I think once they came out and opposed the compromise that they had been involved in constructing, I think it became clear that they don't want a deal and maybe they never did. And so, like, I just don't, to your point, like our research on deposit migration or capital inflows, I mean, I think we found that for every dollar of a stable coin, you're going to get 31 cents of a net new credit creation. So not only will it not close down credit creation, it will increase it.
Starting point is 00:20:17 But none of that matters. I think this is a pure like moat protection game. It looks like they're playing the innovator's dilemma. trying to delay and give themselves time to build is what it looks like to me. Yeah. And it also sounds like, okay, we got the sable coin rewards compromise for now. But the way that we got it was we just punted it till rulemaking and say, hey, we're not going to nuke the bill over this, but we are just going to fight.
Starting point is 00:20:40 We're going to fight this same fight later. We've come to terms that we can agree with. There's like we have the wording, we cannot have sable coin yield in a manner economically or functionally equivalent to banks. that's the line that's drawn, but where that line is specifically positioned is going to be found out down the line with the rulemaking,
Starting point is 00:20:59 which happens after the bill. So at least we get the bill, but the actual issue of can we have like bankless bank accounts and how easy is that loophole of getting there is still up for debate, but hey, at least we get the clarity bill passed along the way. Yeah, I think that's basically right.
Starting point is 00:21:16 I mean, because the question is, I think you're not going to be able to take $10,000 of stable coin and park it at coin and then never touch it and watch it earn interest, okay? I doubt. Maybe actually, well, maybe if you opened the account for the first time, though, maybe that counts as an activity they could give you some reward for. Yeah, what constitutes activity that allows them to pay you the rewards or the yield?
Starting point is 00:21:37 It's unclear. Can, like, can circle turn USDA into a governance token and have it govern something completely marginal that doesn't matter? Yeah, and then you stake it into the governance contract and, like, press a button to to if Jeremy Allaire should get a haircut this month, I don't know. Honestly, maybe. I mean, maybe. I don't know.
Starting point is 00:22:00 Maybe. They just can't be solely in connection with holding. Right. So long as you're pressing buttons, I think you get yield. That's what it sounds like. But it's not, again, we, and you're totally right. Like, that's going to be determined TBD. But, I mean, look, the banks did get a prohibition on purely passive yield.
Starting point is 00:22:18 They got that. So, like, I think they want. They got their thing. And yet they're still mad. That's what I'm saying. That's what's so frustrating. I think they're playing a cynical game here. Yeah.
Starting point is 00:22:29 Well, it sounds like they're just not trying to give up an inch. They're drawing the lines, but then they're trying to push it. And then they're trying to push whatever they can. It sounds like what their strategy is. It's really interesting because, you know, we work with a lot of big banks. And they're crypto and trading and asset management team. I mean, there's a bunch of great bit corners and Ethereum's there. And they're all building.
Starting point is 00:22:50 They want to do all of those. this stuff. There's a little bit of a disconnect, I think, between the actual, in a way, between New York and D.C. inside the banking industry. Like, there, I wrote a piece about this like two months ago saying the banks are building literally everything you can imagine in crypto, but their lobbyists are instructing in Washington. Right. Is it a case, is it simply a case of the left hand not talking to the right, or is it a complex strategy that they've decided, which is sort of, it's like an attempted 3D chess of, you know, just, I mean, maybe it is. They're slow to innovate. And they just need as much time as possible. This is always kind of what I thought Gary Gensler was.
Starting point is 00:23:25 He's just a smokescreen, just like delay the industry as much as he can so while the banks can catch up to whatever they need to be doing. He did that role perfectly. Yeah. I'm surprised, by the way, that we haven't. I was wondering if we were going to see like an op-ed from Gary Gensler or something this week leading into this hearing, or we may still, like, he's been keeping his head down, which I think, you know, well, I don't know about his strategy. It probably makes sense. But, you know, I think this bill is, and I've written about it as so foundational when you pair genius and clarity together that it's almost like the Securities Act of 1933 and the Exchange Act of 1934, the pair of which, and of course there were others that also mattered. But those two laws basically created the conditions for the last 100 years of U.S. capital markets dominance. And I sort of view the pair of genius and clarity if we get these both through. you're looking at decades of innovation and integration using blockchains in U.S. capital markets. And that's why you want it. You know, like we're going to be fine.
Starting point is 00:24:28 If we don't get clarity, you know, like industry is doing pretty good. The market regulators are working and, you know, they're supportive of innovation rather than combative. You're going to get a lot of what clarity has, at least through like interpretive guidance or exemptive relief, probably from the two commissions. But, you know, you see how fast Atkins was able to pivot away from the Gensler area. Like, they could pivot right back, you know, if it's not caught. So that's two and a half years. But, you know, these two bills, you know, clarity could help solidify it for two and a half decades. And that's the reason you want it.
Starting point is 00:25:01 I see. I do want to go right into this topic. But I have one more question about the stable corn yield before we depart. With a, get formally interpreted after the Clarity Act assuming passes, then there's some formal rulemaking about the interpretation of the stable queen yields, as we just discussed. who does that rulemaking? How does that rulemaking happen? What does that process look like? That's a really good question. I'm not entirely certain. I think if you are a crypto exchange, then you are likely to be like a digital commodity broker under the DCIA, the ag one, and maybe that those
Starting point is 00:25:35 rulemakings will happen. You know, generally I think the OCC is going to be the primary prudential and supervisory regulator for Genius Act stablecoin issuers, PPSI, permitted payment stablecoin. issuers. But it's the, the rule would more apply to the third party intermediary. So I think is possible that's going to be like the CFTC and the SEC in some combo as they oversee the actual platforms that, you know, whether it's a crypto exchange or sort of an OTC desk like a galaxy or, you know, a trading firm, whatever. So I think it's going to be part of the regulation of the intermediaries where that lands. But it's, honestly, it's not that clear. It wasn't even necessarily clear that the OCC would be the lead regulator of stablecoin issuers.
Starting point is 00:26:23 I think they just, they went first. They're sort of staking their jurisdictional claim as the main one. So this is what my understanding was, is that it's going to be a joint rulemaking effort from the SEC, the CFTC, and the Treasury. In this, in this current administration, those are our guys. Like, those are our people. That's Mike Seelich. That's, that's Paul Atkins. Those are the people put into positions, those respective positions, by Donald Trump to make the United States the crypto capital of the world. And so if I'm Brian Armstrong, if I'm in the crypto side of this, I'm pretty happy to punt on the Sablecoin yield debate because, okay, like we're not going, we're not getting at one
Starting point is 00:27:04 in the bill, but we'll get the rulemaking from people who are absolutely pro-crypto. So it seems like a pretty favorable like home field advantage for the crypto industry when it comes to the interpretive rulemaking. Yes, it definitely does. but only for, only guaranteed until, you know, January 19th, 2029, right? So there is some precedent that is set when these agencies do rulemaking. I know, but think about like, think about Brian Brooks. He, you know, gave Anchorage a OCC charter and passed, I forget the numbers now,
Starting point is 00:27:36 but had these great interpretive letters from the OCC. Mike Sue, the acting one under Biden, instantly came and rescinded them, right? Like, it's true that. Biden was the, okay, I know I know I'm very pro-crypto here. but the Biden administration was the idiosyncratic SEC administration versus the one that came before it. So when we interviewed the guy who worked under Gary Gensler, like one of Gary Gensler's lawyers, he talked about how it's so unprecedented that Donald Trump's administration is coming in and not having a logical continuation of the policy of the previous SEC or the CFTC. Like apparently the way that it works is that like these three letter four letter agents,
Starting point is 00:28:17 need to have some sort of policy continuation from the organization that came before it because there were court cases, there were some precedent being set, they can't just 180 and, you know, rug pull the industry. And that has been the president. And he was making that point about the Donald Trump administration and the SEC and the CFC. But if you look at, if that's, if you take that point, they are the idiosyncratic ones doing the weird thing because their, their precedent was established uniquely and was different to the SEC and the CFC that came before them. And so we have this only, only the Biden administration with Gary Gensler is the precedent of the anti-crypto SEC policy really established. And actually with a Donald Trump administration
Starting point is 00:29:06 is kind of closer to business as usual. This is my rosy colored glasses, obviously I'm pro-crypto. But like that's my take on it. I like this take a lot, David. I think you're right. I think that even if you compare to Jay Clayton's time at the SEC under Trump, the 45, right, Trump won. They weren't that friendly, but they weren't that hostile either, right? It was kind of normal. I would say, I think we have a uniquely pro-innovation commission.
Starting point is 00:29:36 But again, Paul Atkins was on the commission before. It's not like these people are, we didn't pull people out of left field to do this stuff. These are longtime SEC people. All of them, right? So I think you're totally right. I think, and I guess the downstream point you're making here is that while two and a half years were for sure good, frankly, like, we're not necessarily that likely to get as uniquely bad administration as the Biden administration was on crypto, even if it is Democrats. It's not, and I think that's a fair point. I haven't really thought about it that way, but because I'm so like in the trenches of this, you know, I'm out here like
Starting point is 00:30:10 Winston Churchill, like we will fight them in the committee, we will fight them on the floor, we will fight them, you know, I'll drink this vodka and then we'll fight them as well, like, or whatever. But you're right. I think if you step back, like that that was a pretty unique attack on a particular industry across multiple vectors. Yeah, it's unfair. It's incorrect for them to claim that they have precedence because they were the unique ones. Okay, let's get into the importance of clarity. As you stated, Alex, the reason why clarity is so important is because we lock in this policy through Congress. It's basically written in stone if we get a bill through Congress. It's so hard to, you have to do another bill to undo everything. That's why we're like clarity. It makes it just so
Starting point is 00:30:51 permanent. There's benefits of agency precedent, as we just said, but really what you want is the gold standard is to get a bill passed. Now, granted, we're kind of getting clarity elsewhere. We have the SEC. We have the CFTC. They are doing pro-cpto things. They are giving us clarity and the semantic use of the word, the lowercase C clarity. And so while absolutely we want clarity to lock it in, it kind of seems like, and this is what I want you to check me on, that that's actually what the Clarity Act is doing. It's not actually giving us clarity because we got a lot of the benefits of clarity through these other agencies. The main benefit of clarity is to lock it in. And so my question is like, aren't we kind of good? Like we're at risk,
Starting point is 00:31:41 but we're kind of good because we've gotten, you know, lowercase C clarity. It's the same thing that the Clarity Act will actually give us elsewhere. And so, like, totally acquiescing to the idea that, like, obviously we want to lock this in for forever. Is the Clarity Act that important anymore? Yeah, I'm with you on this, David. I think in some ways the industry has, well, because they really want it. We all really want it. So we've said it's such a big deal.
Starting point is 00:32:08 And it is a big deal as, you know, putting again that caveat. out there. Of course we want it. We are, we have gotten a lot of what we already want and we're probably going to get a lot more. You know, you're going to get some cool stuff out of the SEC. They've been very public about a reg crypto, which it's like a legal ICO 2.0, maybe like Hester Persis safe harbor proposals, something that that'll be interesting. You're going to get the innovation exemption at some point, which will cover secondary trading. I think of securities in defy, which we all want and I've worked a lot on because we have our tokenized GLXY and Solana that we would like to be able to do stuff with more. You're going to get a lot of that stuff. I think there are
Starting point is 00:32:45 some areas, though, where it really does matter. I think BRCA is probably the main one, right? You got the Blanche memo from DOJ that said, you know, if you're like genuinely not trying to help criminals, then we probably won't come after you. And you had a guy who's not at DOJ anymore, but I think at the Wyoming summits in August, you know, around the Fed meeting and all that, the Galliotti, who gave a speech also said something similar, but you still have SDNY, you know, retrying, trying to retry Roman on things that they didn't get them on the first time. So like, that's one where like, yeah, you kind of got a little bit of interpretive guidance, as it were, from DOJ, but, you know, they're still using the law the way it was previously written. So I think something like that really
Starting point is 00:33:33 is a net change that we really can't quite get just from regulators and agencies, right? But otherwise, I mean, I agree. I think I've tried to characterize the passage of the Clarity Act as a potential serious upside catalyst, but like not that bad of a downside catalyst if it doesn't happen because I think, you know, there's a, there's going to be a tendency if somehow it comes out with a full headline, Clarity Act fails, will not be done again in 26. And there's a caveat to that point too. But if that happens, people are going to want to sell a bunch of coins and crypto equities, and I don't think they need to. Like, so it's, I've been trying to caution on that. I would say that, you know, passage is going to be a big flashing headline if that happens, signed into law. Big,
Starting point is 00:34:16 big upside, easy to see it as an upside catalyst. Failure probably looks more like a whimper, you know, they don't have the votes. It fails to, it's very unlikely. Genius did have a failed vote, actually, at one point. But I would say it's relatively unlikely that you actually get full vote that fails. More likely it gets pulled when it's clear the vote won't happen and then it gets shelved
Starting point is 00:34:42 and then they say we're going to work on it later, right? It's not like as obvious. It's not going to be as clean and negative. Obviously, you'll have people like me explaining that it indeed was negative, but if that happens. But I, so I agree with you. I think it should be viewed
Starting point is 00:34:56 as a major potential upside catalyst with like, you know, if we don't get it, then you keep chugging along for the next nine quarters or whatever. Can we unpack the reason why it's a catalyst? I think the most basic articulation is it's confidence. You also have entrepreneur security. Like you can be an entrepreneur in crypto
Starting point is 00:35:14 and you know the next administration is not going to put you in jail because we have the Clarity Act. It's just a legitimacy angle. Crypto's just more legitimized. Is there more, can we get more specific? Or is that kind of it? Well, you can do longer term investing.
Starting point is 00:35:31 Builders can do it long term because it prevents that rollback risk that could happen in the case of a second hostile administration in the future, obviously. And that does matter. I mean, markets aren't, they're only getting more frenetic and short term thinking these days with zero day options and, you know, fintech apps and stuff. But it does matter that you could make an investment say something like with Bitcoin where the thesis is that it's a long term investment. And it'd be nice to know that your brokerage or your ETF or your custodian if you're using these, like isn't going to get sued in 2029, right? Like that, I think that helps. I would say you are generally right.
Starting point is 00:36:09 It is the, I viewed as sort of the last leg of maturity of institutional adoption. But one thing that's interesting is like, take like Morgan Stanley. Like they're already doing pretty much all this Schwab just launched crypto trading like yesterday or something the day before, right? Yeah, it doesn't seem like anyone's. waiting for clarity to pass. And I can tell you, and like in meetings with these banks and brokerages, they're not saying, well, let's table this conversation until we find out of clarity's passing. They're not saying that. So I think there is a world where if clarity doesn't pass, the big banks and brokerages still have chugged forward and done, built all these products and offered
Starting point is 00:36:47 them to their clients. And then even in the case of a hostile administration, it's still just so entrenched in the capital markets, it just becomes hard to pull out. Yeah, in the case of a hostile administration, as you've said, all the big banks are building all the products. They're building the stable coins. They're building the wallets. It'd be pretty hard to pull that back. I mean, if you have 50 million Americans in three years that have exposure to crypto in all their accounts, like it's pretty hard to unwind that even if you want to. Again, it could happen. So like, that's why you want the clarity act. But I agree. I think, you know, there is just like a U.S. primacy angle here, right?
Starting point is 00:37:27 Other jurisdictions are working on or passing or have passed similar comprehensive frameworks. And if it's viewed that the U.S.'s stance on digital assets is too volatile to, you know, invest if you're a big brokerage, invest $500 million in building out like your stuff here for it. You might build it in Hong Kong or in, you know, probably not, but maybe in Europe where they have Mika or in the UK or in some other jurisdiction in Singapore, right? Like there is the possibility, although, you know, U.S. markets are still the biggest and deepest and
Starting point is 00:38:02 best. But so it's not like a guarantee, but I think, you know, if we don't lead on this, that's the other thing. Even if like the big, you know, whomever is the tradfyes that want to do crypto, they don't literally pack up shop and move to Singapore. Regulations in this globalized market tend to sort of coalesce on, one good standard. And we want it to be our standard. We want it to be our rule of law and our courts. And we don't want it, you know, not that like Hong Kong's framework's bad or that Singapore's would be or whatever or the FCA in London. They might be good. But we'd rather the world
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Starting point is 00:39:52 policy. Bricks connects these worlds with institutional gray tokenization, local banking rails, compliance across jurisdictions, and real-time stable coin settlement. Bricks does the heavy lifting so Defi can finally access real collateral and structured products on top of real world yield. Even the best carry trades can be within reach. Bricks brings DeFi's promise to the emerging world and brings the emerging market yield to your wallet. Let the yield flow with Bricks. Are there any assets or ecosystems that are specifically uniquely exposed to clarity? Like, does clarity uniquely benefit Ethereum or smart contract chains broadly? Or is it kind of just a all tide lifts all boats kind of thing?
Starting point is 00:40:31 It definitely is. All boats will rise, I think. That's fair. I think I've generally viewed that Ethereum and Solana and more general purpose blockchains, X Bitcoin, have more to gain here than Bitcoin generally. And from the market regulators, Bitcoin, even Gary Gansler said it was a commodity. It was the only one that he said was a commodity. right? You know, Bitcoin, I think, will find itself in a lot more rooms and portfolios after
Starting point is 00:40:58 clarity. No doubt it will benefit dramatically. And obviously the BRCA protects all developers, including those who build Bitcoin core, right? Like, so there's plenty for Bitcoin to like here. But I think when you start talking about stuff like tokenized securities or RWA is coming on chain or being allowed to use blockchain technology to X, Y, you know, power the markets in certain ways, like I feel like Ethereum and Solana and theoretically any. other general purpose blockchain stands to gain significantly. I also think defy, particularly this yield stablecoin rewards compromise, you know, because we're all like, oh man, we'd love to earn yield on your stables.
Starting point is 00:41:34 Like, well, you know you can do that across defy permissionlessly today. You know, defy has its own different risks and credit risks and smart contract risk, sure, but it's not like you can't earn yield in crypto. In fact, it's yields pretty much like, you know, I would say outside of Bitcoin and like, It's like Bitcoin and decentralized trading and yield. Those are like the three best product market fits that crypto has built. So like, you know, actually ironically, like I think you could see Defi grow significantly like Defi TVL if yield is available there but not available, you know, on centralized exchanges.
Starting point is 00:42:11 Alex, what's your over under on Clarity Act passing? Well, I, two weeks ago, I wrote a report an update, final push ahead with like what the outstanding issues were, and I called it a coin flip at 50-50. And that put me, at least publicly and on the more bearish side, even at Galaxy, right, Novo has been publicly much more optimistic than I have been, which is okay, you know, I think we're both right. He's also talking to a lot of folks that I'm not, we're talking to different people and looking at a different way. Following this vote where Ruben Gallego and Angela also broke ranks with the Democrats to vote yes, I would say it's 65. to 75% now likely that the bill will ultimately be signed into law this year.
Starting point is 00:42:54 Do you think you're also more bearish versus your cohort on that? I don't know. I think, you know, some people have been consistently bearish. They keep the same number. They've never altered it. And others have been consistently positive. And it's more, I've, you know, our clients that I write for are traders by definition, right? Like, they're, they're investors, but they're not, you know, if you ask me like, you know,
Starting point is 00:43:19 hey, I'm just like a 10 year long, long only. Like that's a lot different. You know, we service a lot of hedge funds and liquid crypto funds and the trade macro. They trade actively, right? And so that's why I'm oscillating more granularly because they, you know, if you're trading options on something like on Bitcoin or Eith or a crypto equity, like the odds at the exact moment matter. It doesn't matter if like X, Y, Z happens and generally I'm optimistic.
Starting point is 00:43:45 Like they want to price out a trade right now and they want options. So I've definitely been more volatile in my like, you know, odds making than others. But and look, Novo looks right. He looks righter than I was because he was saying 75% two months ago, right? Or however many months ago. And now I'm saying it. Like, and I, you know, I went in. I said, look, Mike, you ended up being right, you know.
Starting point is 00:44:09 Maybe I should listen to you more. So I think it's more that I've moved closer to the, but there are. I mean, I would say the reaction across the crypto policy ecosystem. after the Thursday's markup hearing or markup has been to raise the odds of likelihood. Pretty much everybody is more optimistic. And I want to say some people in particular deserve a lot of credit. And I'm not going to name all the behind the scenes staffers and stuff. But Cynthia Lummis has been working on this for years.
Starting point is 00:44:39 Kirsten Gillibrand as well, although she's not on the banking committee. I mean, you remember Lummus Gillibrand? That was in 2022, right? That was their first attempt at this. That was four years ago. Yeah. And all five of the. compromise amendments in Senate banking have Lumas's name on them, rightly so. Tom Tillis,
Starting point is 00:44:54 you know, people were very upset, you know, and I think it turned out that he did a great service to crypto negotiating with the banks and with Senator Also Brooks on the Democratic side. And then Ruben Gallego and Angela Also Brooks, like breaking ranks and voting yes while your party is voting no takes a lot of guts and they really deserve a lot of credit for preserving the momentum. Again, it would have gone through on partisan basis. Like we still could have hashed all of this out on the floor and maybe gotten the Democrats along there, maybe. But we lived to fight another day with better odds because they chose to cross the aisle. And they did it in dramatic fashion.
Starting point is 00:45:32 Literally, like, people in the room started texting me saying, like, there's something happening. Like, staffers are like going around. At one point, Tom Tillis, went, got up from his seat, went around the dais or the dais or whatever, and crouched next to Angela Alsabrooks. was talking to her. And then they had some kind of exchange and then he directed his staffer to go do something. And it's like that stuff was happening live on television. And it was really quite exciting. And a lot of people deserve a lot of credit for that. But I would say mostly those senators that I named to have the guts to compromise, to work for years on it and to break ranks. I mean,
Starting point is 00:46:11 you're going to see that anti-crypto army wing of the Democratic Party open fire on them now. And that's So we need to be very supportive and thankful for the effort that they made. Yeah, it is pretty cool to watch history unfold in real time. I think when we frequently are like zoomed in on the clarity act because we're following, you know, step by step, we forget to zoom out and actually like realize how historic and monumental getting this bill over the line is, especially when we talk about, you have people like Chair Atkins at the SEC saying, hey, we're moving our capital markets on chain. in the big way, like not just allowing it to happen, but we're moving what currently exists as Americans' capital markets, and we're going to figure out how to put them on chain,
Starting point is 00:46:56 and it puts into scale how big of a deal clarity is. I was really proud to be an American watching that committee hearing because, you know, the Senate is, at least it likes to think of itself as the world's premier deliberative body. Obviously, it doesn't always look like that. But this was what a Democrat, Republic, how it does business at its best. One last question for you, Alex.
Starting point is 00:47:23 With the assumption that the Clarity Act passes, what do you think the Bitcoin price will be at the end of the year? Yeah, I guess rather infamously, at least in the niche area of people making Bitcoin price target calls, I declined to make a call this year at the end of last year. I said that the investment environment is very chaotic with like rates, uncertainty and wars and tariffs in a, you know, decaying geopolitical order or shifting one. And that at the time, there was an, the options markets were pricing, I think, an equal
Starting point is 00:47:58 likelihood of 50 or 150K BTC by end of the year, a year forward. So I was like, yeah, that's a pretty big range. And, you know, so I think I gave a prediction of like 250 by the end of the next year. I'm willing to, to be clear, I'm long term bullish, but it's like this year was looking pretty choppy. I think, you know, we've been proven right so far on that. I would say now, though, and I don't know what the options markets are suggesting or how traders are positioned for end of year, but I would say, you know, new all-time highs. They're in sight. So I think it's definitely possible. And yeah, the odds go up if clarity is signed into law. They do. It's a big
Starting point is 00:48:39 upside catalyst. I really believe that. Alex, thank you so much for coming on the show. Thank you for all of your tire tireless work and reporting with the Clarity Act. You have been one of my core sources for following it. And so thank you for coming on and just sharing this update. There are a handful of votes to go. So I'm sure we'll bring you back on in the future as we get across those hurdles. And our eyes are on the final bill getting passed seven weeks, seven to nine weeks? That's my guess. It could take seven weeks of work. I mean, no joke, not all of that's like human time. You know, sometimes you're working with your AI and it's like, oh, it'll take this long. And then it's like, oh, wait, actually, that's like, let me put it in human time.
Starting point is 00:49:12 But one of the crazy things is that the actual Senate floor consideration is going to take a full week. Like to pass one big bill through the Senate takes a week. That's a crazy thing about the Senate. It's just true, though. So, yeah, I'm sure we'll have more twists and turns to unpack. Alex, thanks for coming on the show today. Bankless Station, you guys know the deal. Crypto is risky.
Starting point is 00:49:37 You can lose what you put in. But nonetheless, we are headed west. This is the frontier. It's not for everyone. but we are glad you're with us on the bankless journey. Thanks a lot.

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