[Episode 30] Breaking the Clarity Act Gridlock with Jason Brett

If we had to pick one word to describe how the crypto industry feels right now, it’s anxiety. For Senators, it’s fatigue. There are so many variables and competing interest groups woven into the Clarity Act that the process has become increasingly political. The industry has been asking for regulatory clarity for years, yet progress remains stuck, going nowhere. At the same time, the OCC is facing intense pressure, and even legal threats from banking associations and state regulators over its approvals of crypto-native companies for national trust charters. Meanwhile, commission-level guidance from the SECand CFTC is historic, but for some, it feels more like a temporary sandbox than a lasting solution. Jason unpacks these battles, dives into the root causes behind the controversies, and shares his realistic outlook on what comes next. This is a must-listen episode.

Follow Jason: X: @regulatoryjason; LinkedIn; Forbes: Follow Coco: X: @CocoKee; Substack

Timestamps:

(00:00) Introduction

(01:20) Clarity Act stalled in the Senate

(01:38) Clarity Act - Difference in voting mechanism between House and Senate

(03:20 Clarity Act - 3 major elements

(06:31) Clarity Act - Where the major controversies are

(10:18) Any clear path for Clarity Act to pass the Senate

(11:57) How realistic is it to get Clarity Act passed 2026

(12:50) Procedural Hurdles: Merging the two versions of Clarity Act

(14:15) Summary about the hurdles facing Clarity Act and path to pass it

(16:17) OCC facing pushback from banking industry and state regulators

(21:03) Why new national trust banks approvals for crypto companies upset big banks?

(22:38) You don't belong to the banking elite club

(24:29) What would happen if banking industry succeeded in the lawsuit against OCC

(27:03) Why SEC+CFTC commission-level guidance historic, but still only a temporary solution

(33:22) Why SEC's Innovation Exemption (the sandbox) not good enough to some