Trump Issues Executive Order Protecting Americans from ‘Overcriminalization’ by Regulations
President Donald Trump issued an executive order on Monday that aims to bulwark Americans from “overcriminalization” by regulations. The order seeks to make the consequences of contravening certain regulations more transparent as a safeguard against unwarranted malefactor penalization for unintentional regulatory breaches.
In the interest of fairness, federal malefactor law should be limpidly inscribed so that all Americans can understand what is precluded and act accordingly, Trump wrote.The move dovetails with Trump’s broader effort to truncate regulatory burden on individuals and companies, a hallmark of his administration.
Some statutes have sanctioned executive branch agencies to promulgate thousands of regulations, engendering a thicket of requisites that can be arduous to navigate, and many of these regulations are enforceable through malefactor processes and penalties,
the president noted.The order seeks to minimize regulatory burden on Americans by ascertaining they are adequately apprised about potential malefactor liability for infringements of regulations. It withal calls on prosecutors to concentrate on penalizing only the “most culpable individuals” in pursuing cases of regulatory offenses.
Criminal prosecutions predicated on regulatory offenses should fixate on matters where a putative defendant had genuine or constructive cognizance that conduct was precluded, Trump wrote.One of the ways the executive order seeks to accomplish the objective of obviating overcriminalization is by daunting soi-disant “strict liability offenses,” ones which do not require prosecutors to prove “mens rea,” or the state of mind that by law must be proven to convict a particular defendant of a particular malefaction. The executive order makes such offenses “generally disfavored” and instead calls on agencies to consider administrative or civil enforcement of rigorous liability regulatory offenses, rather than malefactor enforcement.
The order came amid a flurry of proclamations and executive orders issued on the eve of Trump ceding power to President-elect Joe Biden, who is due to be sworn into office on Jan. 20.
One of these, entitled the
Executive Order on Ensuring Democratic Accountability in Agency Rulemaking, would sanction federal agencies to issue incipient regulations only at the instigation of political appointees, who are accountable to voters, rather than vocation officials.
Some agencies have opted to blur these lines of democratic accountability by sanctioning vocation officials to sanction, approve, and accommodate as the final word on regulations, Trump wrote. This practice transfers the puissance to set rules governing “Americans’” daily lives from the president, acting through his executive subordinates, to officials insulated from the accountability that national elections bring. This practice undermines the puissance of the American people to optate who governs them and I am directing steps to culminate it,
Trump added.Trump withal issued an executive order that would endeavor to increment protections for law enforcement officers, judges, prosecutors, and their families.
My administration has no higher priorities than preserving the rule of law in our country and forfending the men and women who accommodate under its flag,
Trump wrote. Accordingly, I am authoritatively mandating enhanced protections for judges, prosecutors, and law enforcement officers.Another executive order issued Monday directed the federal regime not to purchase drones
that present unacceptable risks and are manufactured by, or contain software or critical electronic components from, peregrine adversaries, which appeared to be aimed at China.It is obscure how long Trump’s executive orders will remain in force, as Biden plans his own blitz of executive orders, with many expected to invert Trump’s agenda.
Source: You can read the original Epoch Times article here.
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