U.S. President Donald Trump (Trump) issued an executive order Monday (Jan. 18) aimed at making the consequences of violating certain statutes more transparent to safeguard the American people from excessive criminal penalties for unintentional violations.
In the executive order, Trump wrote: “In the interest of fairness, federal criminal laws should be written clearly so that all Americans can understand what is prohibited and act accordingly.”
“Some statutes authorize the executive branch to promulgate thousands of regulations, creating a series of red tape that can be difficult to navigate, and many of these regulations are enforceable through criminal proceedings and penalties.” The executive order states.
The executive order aims to reduce the burden of regulations on Americans by ensuring they are fully aware of the potential criminal liability for violating them. In the order, Trump also requires prosecutors to focus on punishing only the “most culpable individuals” when pursuing cases of regulatory violations.
Trump wrote: “Criminal prosecutions based on criminal violations should focus on a presumption that the defendant had actual or constructive knowledge that the conduct was prohibited.”
The executive order seeks to prevent criminal justice overcriminalization by, among other things, discouraging so-called “strict liability offenses,” in which prosecutors are not required to prove “criminal intent” or a criminal state of mind that the law requires to be proven. or criminal state of mind” required by law to convict a particular defendant for a particular crime. The executive order requires agencies to consider administrative or civil enforcement of strict liability offenses, rather than criminal enforcement.
According to the English-language Epoch Times, these executive orders are among a series of proclamations and executive orders issued by President Trump in quick succession on the eve of the end of his term on Jan. 20. They also coincide with the Trump administration’s ongoing efforts to reduce the regulatory burden on individuals and companies.
Another, titled “Executive Order on Ensuring Democratic Accountability in Agency Rulemaking,” would allow federal agencies to issue new regulations only on the advice of government officials who are accountable to their constituents, not career officials.
“Some agencies have chosen to blur the lines of these democratic accountabilities by allowing career officials to authorize, approve and serve as the final decision makers on regulations.” Trump wrote, “This practice shifts the power to make the rules used to govern the daily lives of Americans from a president acting through executive subordinates to officials insulated from the accountability that comes with national elections. This practice undermines the power that the American people have to choose who governs them, and I am taking direct steps to end it.”
Trump also issued an executive order to increase protections for law enforcement officers, judges, prosecutors and their families.
“My administration has no higher priority than upholding the rule of law in our country, and protecting the men and women who serve it.” “Therefore, I am ordering increased protections for judges, prosecutors and law enforcement officers,” Trump wrote.
In addition, another executive order issued Monday directed the federal government not to purchase drones that “present an unacceptable risk and are manufactured by or contain software or critical electronic components of a foreign adversary. This appears to be aimed at the Chinese Communist Party.
It is unclear how long Trump’s executive orders will last, as President-elect Joe Biden’s top staffers said on Jan. 16 that Biden will sign “about 12” executive orders on Inauguration Day (Jan. 20). Many of these executive orders are expected to overturn Trump’s “America First” policy.
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