Mike Fox
Who knew a leisurely stroll with your adorable canine companion could land you in jail? As a proud dog dad, I can personally attest to the shock of learning that walking a dog using a standard six-foot leash on Supreme Court grounds—where the maximum permitted length is a mere four feet—is a federal crime. Despite the reality that there are no signs putting potential violators on notice, use a standard-length dog leash and you could be staring down sixty days in jail.
If committing crimes with cuddly puppies isn’t your thing, bringing a stroller into the restroom at the National Zoological Park can also land you up to sixty days in jail. What’s a single parent supposed to do? Leave their baby unattended and vulnerable while they take care of essential business?
These aren’t isolated incidents of bureaucratic absurdity; they highlight a deeply concerning trend in our legal system. What do these seemingly preposterous rules have in common? They harm no one. They aren’t actions any rational person would consider criminal. Yet, they carry the weight of federal criminal penalties. And here’s the kicker: they were never passed by our elected representatives in Congress.
The power to establish federal criminal law lies exclusively with Congress. Yet, lurking in the shadows of our legal system are over 300,000 federal regulatory crimes—regulations concocted by unelected, unaccountable bureaucrats can carry serious criminal penalties, including incarceration.
Finally, a glimmer of hope. Last Friday, President Trump issued an executive order aimed at curbing the enforcement of these regulatory infractions, a move I find encouraging. Last Wednesday, I testified before the House Judiciary Crime Subcommittee, where I underscored the importance of fair notice and the requirement of criminal intent in our legal framework. This executive order aligns with my conviction that ordinary, well-meaning citizens shouldn’t inadvertently stumble into the criminal justice system for actions that no reasonable person would understand to be a crime.
While the very agencies that promulgate these rules don’t always know of their existence, ignorance of the law is no excuse for ordinary Americans who find themselves in the Justice Department’s crosshairs. Take the case of competitive runner Michelino Sunseri, who unknowingly ventured onto a closed trail. Despite only two tiny and ambiguous signs, Sunseri now faces the wrath of federal prosecutors.
Critics of dismantling the “criminalization by regulation” regime might dismiss some of these examples as outlandish and unlikely to be enforced. But that’s not the point. These regulations are prolific and act as a loaded gun for federal prosecutors, providing them with a vast arsenal of potential charges to terrorize well-meaning individuals. Sunseri isn’t alone. Consider the case of David Lesh, currently pending before the Supreme Court. Lesh’s ordeal began when he posted a photograph to his personal Instagram account. Like Sunseri, Lesh had no way of knowing his conduct was prohibited.
Federal prosecutors have become incredibly adept at turning ordinary conduct into extraordinary “crimes,” transforming well-meaning people into criminals. Their track record demonstrates that they cannot be trusted with an unchecked panoply of regulations to pick and choose from to potentially ruin someone’s life. The administration should demand strict adherence to the principles of fair notice and criminal intent and not hesitate to sideline federal prosecutors whose disdain for the people they purport to serve outweighs their commitment to justice.
President Trump’s executive order is a positive step, but it’s not the finish line. There’s considerable bipartisan support in Congress to enshrine similar protections into law, ensuring a more lasting solution. Moreover, countless well-intentioned individuals, like Sunseri and Lesh, are currently entangled in this unjust system through no fault of their own. President Trump possesses the authority to halt these palpably unjust ongoing prosecutions and even issue pardons to those already convicted.
It is time we demand a legal system that focuses on genuine wrongdoing, not on trapping innocent people in a web of obscure and often nonsensical regulations. We need clarity, fairness, and a return to the fundamental principle that federal crimes should be defined by the people’s representatives in Congress, not by the stroke of a bureaucrat’s pen. Let’s ensure that a walk with your furry friend cannot become a perp walk.