Cato Institute Legal Fellow Mike Fox is available for interviews in light of President Trump signing an executive order pushing back on overcriminalization in federal regulations.

Fox issued the following statement in reaction:

“Concerns over the growing number of federal regulatory crimes and their impact on well-meaning Americans took center stage when I testified during a hearing before the House Judiciary Crime Subcommittee on Wednesday.

President Trump has issued an executive order seeking to curb the enforcement of these regulatory infractions, a move I find encouraging.

The power to establish federal criminal law lies exclusively with Congress. Yet there are over 300,000 federal regulatory crimes that—despite having never been passed by Congress—can carry serious criminal penalties for violators, including incarceration.

My testimony stressed the importance of ensuring fair notice and requiring criminal intent. This executive order aligns with my conviction that ordinary citizens should not inadvertently find themselves caught in the criminal justice system for actions that no reasonable person would understand to be a crime.

While regulators who draft these rules are not always aware of their existence, ignorance of the law is no excuse for ordinary Americans who find themselves in the Justice Department’s crosshairs. Consider the innocent act of walking a dog on Supreme Court grounds using a standard six-foot leash. Notwithstanding the reality that there are no signs putting potential violations on notice, if your dog’s leash is any longer than four feet, you could find yourself staring down a 60-day jail sentence.

The prosecution of competitive runner Michelino Sunseri, who unknowingly ventured onto a closed trail and now faces the Justice Department’s wrath, starkly illustrates this problem.

This executive order represents a positive step forward, but further action is necessary. There is considerable bipartisan interest in Congress to enshrine similar protections in law. Moreover, numerous well-intentioned individuals, like Michelino Sunseri, are currently entangled in the criminal justice system through no fault of their own. President Trump possesses the authority to halt these palpably unjust ongoing prosecutions and issue pardons to those already convicted.”

On Wednesday, Fox testified at the hearing, “Criminalizing America: The Growth of Federal Offenses and Regulatory Overreach,” before the House Judiciary Committee. You can watch his testimony here.

If you would like to speak with Fox, please contact pr@​cato.​org to set up an interview.