Arthur Hayes Critiques CLARITY Act, Urges Trump to Veto

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Arthur Hayes, co-founder of BitMEX and CIO of Maelstrom, criticized the Digital Asset Market CLARITY Act at Consensus Miami in May 2026, urging President Trump to veto the bill. He argued that digital asset regulation would not improve Bitcoin’s fundamentals, as its price is driven by global fiat supply. The CLARITY Act, H.R. 3633, seeks to clarify jurisdiction between the SEC and CFTC. It passed the House in July 2025 and the Senate Banking Committee in May 2026. However, political challenges remain, including Trump’s reported crypto earnings. Analysts give the bill a 13-18% chance of passing by early September 2026. CFT (Countering the Financing of Terrorism) concerns also complicate its path.

Arthur Hayes wants Washington to keep its hands off Bitcoin. The BitMEX co-founder and Maelstrom CIO has come out swinging against the Digital Asset Market CLARITY Act, arguing that the proposed legislation would do nothing for Bitcoin’s fundamental value and urging President Trump to veto it if it ever reaches his desk.

His core thesis is brutally simple: Bitcoin’s price is a function of how much fiat currency exists in the world. Regulations are irrelevant to that equation.

Hayes draws a line in the sand

Speaking at Consensus Miami in May 2026, Hayes laid out his position with characteristic bluntness.

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“If Bitcoin and crypto needed regulations to survive, it wouldn’t be worth a dime.”

Hayes contends that “institutionalizing” Bitcoin through regulation risks centralizing an asset whose value proposition rests on decentralization. For Hayes, Bitcoin’s value driver is monetary: more dollars printed means each dollar buys less, which means Bitcoin priced in dollars goes up. No act of Congress changes that math.

The CLARITY Act’s rocky road through Washington

The legislation Hayes is railing against, formally known as H.R. 3633, aims to establish clear jurisdictional boundaries between the SEC and CFTC over digital assets. It passed the House in July 2025 with a 294-134 vote. The bill cleared the Senate Banking Committee by a much tighter 15-9 vote in May 2026, and momentum has stalled since.

A major sticking point involves ethics provisions. Reports of Trump earning more than $1.4 billion from crypto-related ventures have complicated the politics considerably. Trump himself convened crypto executives at the White House in August 2026 to push for what he called a “fair version” of the Act, framing it as essential for keeping the US competitive internationally.

As of early September 2026, analysts peg the bill’s chances of passage at just 13-18%. Some are calling it effectively dead ahead of a possible cloture vote.

A philosophical split with real market consequences

Hayes’ position puts him at odds with a significant chunk of the crypto industry’s most powerful voices. Major exchanges, asset managers, and lobby groups have spent years and millions of dollars pushing for exactly the kind of regulatory framework the CLARITY Act proposes. Their argument is straightforward: clear rules attract institutional capital, institutional capital drives prices higher, everyone wins.

Bitcoin has seen notable price advances during periods when Trump expressed support for crypto-friendly policies. But Hayes maintains that legal frameworks do little to increase Bitcoin’s fundamental value and primarily serve the interests of established financial entities.

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