Advocacy Groups Urge Trump to Reinforce 'Code is Speech' in Storm Retrial

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Thursday, Nov 20, 2025 2:37 pm ET2min read
Aime RobotAime Summary

- Over 65 crypto groups urge Trump to dismiss charges against Tornado Cash developer Roman Storm, arguing "code is not a crime."

- Advocates demand regulatory clarity on DeFi, tax rules for staking, and protections for decentralized projects via executive action.

- Storm's retrial highlights DOJ's inconsistent stance on code-as-speech, with prosecutors clashing over constitutional protections.

- Outcome could set a precedent for U.S. crypto innovation, balancing enforcement with First Amendment rights.

- Trump's potential intervention and DOJ divisions may shape 2026 regulatory frameworks for digital assets.

Cryptocurrency advocacy groups are intensifying pressure on President Donald Trump to intervene in the retrial of Roman Storm, a Tornado Cash developer, as part of broader demands for regulatory clarity and legal protections for the industry. Over 65 organizations, including the Solana Policy Institute, Blockchain Association, and DeFi Education Fund, sent a letter to the White House on Nov. 20 urging Trump to direct the Department of Justice to dismiss all charges against Storm and

. The coalition also called for immediate action on tax rules, DeFi protections, and revised regulatory frameworks .

Storm, who was convicted in August 2025 on one count but faces retrials on two others, has maintained that "writing code is not a crime." His legal team argues that developing Tornado Cash constitutes protected speech under the First Amendment

. The Justice Department has taken an inconsistent stance, with Matthew Galeotti, the acting assistant attorney general for the criminal division, stating that "merely writing code, without ill intent, is not a crime," while the interim U.S. attorney for the Southern District of New York opposed Storm's motion for acquittal . A court conference to discuss the retrial is scheduled for Jan. 22, with no sentencing hearing yet listed for the single conviction .

The letter to Trump highlights the president's executive authority to shape policy and his history of pardoning crypto figures, including Binance founder Changpeng Zhao in October 2025

. The coalition cited Trump's January executive order aiming to make the U.S. the "crypto capital of the world" and urged agencies like the IRS and Treasury to clarify tax treatment for staking rewards, token bridging, and charitable donations . They also called on the SEC to adopt safe harbor rules for decentralized projects and the Financial Crimes Enforcement Network to revise rules targeting non-custodial blockchain software .

The push for regulatory clarity comes amid ongoing debates over DeFi oversight. At a recent CFTC nomination hearing, prospective chair Michael Selig emphasized the need for clear guidelines for onchain applications, stating it was "vitally important to have a cop on the beat" for digital commodity markets

. Meanwhile, the SEC's Crypto Task Force faces calls to coordinate with internal divisions to issue interim guidance for DeFi developers .

The coalition's demands align with the President's Working Group on Digital Assets report, which outlined steps for the administration to complement legislative efforts

. However, the Justice Department's approach to cases like Storm's remains contentious, with prosecutors balancing enforcement against constitutional protections for software development.

As the retrial looms, the outcome could set a precedent for how the U.S. treats crypto innovation. Advocacy groups argue that dismissing Storm's case would reinforce the principle that "code is speech" and

. For now, the DOJ's internal divisions and Trump's potential interventions will likely shape the trajectory of crypto regulation in 2026.

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