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Who is Most Likely to Replace Gary Gensler After Trump Win?

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Will he be sacked? Or will he quit? Either way, crypto industry antagonist Gary Gensler’s days as Securities and Exchange Commission Chair are likely to be numbered.

President-elect Donald Trump is poised to hammer home one of his most popular crypto promises made earlier this year. At least, that’s what many in the industry are hoping for.

“I will fire Gary Gensler on day one,” Trump declared at a Bitcoin conference in July, prompting thunderous applause from thousands in Nashville. “The day I take the oath of office, Joe Biden and Kamala Harris’ anti-crypto crusade will be over.”

Regardless of the fact that Trump’s words cut against Supreme Court precedent—as Decrypt has reported, a president can’t fire an SEC chair without cause—the names of several potential Gensler replacements are making the rounds ahead of Trump’s inauguration on January 20. 

That list includes Hester Peirce and Mark Uyeda, both SEC commissioners; Dan Gallagher, Robinhood’s chief counsel; former chairman of the U.S. Commodity Futures Trading Commission, Chris Giancarlo; and former Binance.US CEO Brian Brooks.  

Appointed by President Joe Biden, Gensler’s term as chair doesn’t end until 2026—with 18 months of wiggle room following his expiration date.

Still, SEC chairs have historically resigned when an opposing political party assumes control of the White House. Even so, Gensler, a Democrat, could be immediately demoted from chair to commissioner by Trump, leaving someone else to take up the mantle.

John Stark, an ardent crypto skeptic who once served as an SEC enforcement attorney, made the case for Peirce on Thursday.

“Most of the time, they just resign because they know that a new chair is going to be appointed,” Stark said. “The president will then immediately appoint someone to be acting chair, and that will usually be the senior member of that party.”

Nicknamed “Crypto Mom” for her support of the industry, Peirce has disagreed with the SEC’s penchant for suing crypto companies since she was appointed in 2018. Dissenting against an NFT-focused enforcement action in September, she derided the SEC’s approach as “misguided and overreaching,” creating many needless cases.

Of the SEC’s five current commissioners, three belong to the Democratic Party, including Gensler. Meanwhile, Peirce’s Republican colleague, Uyeda, who was appointed in 2022, is also being pitched as a potential contender.

“I’d give decent odds to Uyeda,” Jake Chervinsky, chief legal officer at Variant Fund, said in a tweet on Wednesday, adding that he thinks Peirce doesn’t want the job. He caveated, however, “I expect Trump may prefer to bring in someone new of his own.”

Peirce did not immediately respond to a request for comment from Decrypt.

With Trump’s transition team co-chaired by Cantor Fitzgerald Chairman and CEO Howard Lutnick, an outside pick to lead the SEC appears possible Fitzgerald views Wall Street as ripe for top cabinet positions, POLITICO reported Wednesday.

Robinhood’s Chief Legal Officer Gallagher would be a “natural choice,” according to one former SEC official who spoke with POLITICO.

Formerly serving as an SEC commissioner from 2011 to 2015, Gallagher testified before Congress earlier this year about digital asset regulation and a lack of “regulatory clarity at the federal level.”

After injecting over $119 million into federal elections this year, some leaders of digital asset firms are making calls of their own for Gensler’s replacement. Ripple Labs CEO Brad Garlinghouse encouraged Trump to appoint Gallagher as SEC chair on Wednesday, as well as Brooks or Giancarlo.

“They’d be massive upgrades in rebuilding the rule of law (and reputation) at the SEC,” Garlinghouse said. “Fire Gensler. Day 1, no delays.”

Nicknamed “Crypto Dad” for his commitment to digital assets as chairman of the U.S. Commodity Futures Trading Commission (CFTC) from 2017 to 2019, Giancarlo now works as senior counsel and co-chair of Willkie’s Digital Works practice. 

While Giancarlo led the CFTC, bitcoin futures became approved on the Chicago Mercantile Exchange. At the same time, he cultivated a “Do No Harm” approach to the digital assets industry, according to the conservative law group Federalist Society.

Brooks—who hasn’t yet earned a paternalistic moniker from the digital assets industry—most notably served as acting comptroller of the currency. Leading the independent arm of the U.S. Treasury Department, he was responsible for chartering, regulating, and supervising national banks.

From 2018 to 2020, Brooks served as chief legal officer for the crypto exchange Coinbase. After departing Washington, he also served as CEO of Binance.US, leaving the American company after four months due to “differences over strategic direction.”

Notably, Coinbase and Binance.US—alongside Binance and the exchange’s co-founder and former CEO Changpeng Zhao—face ongoing SEC lawsuits, which allege both firms breached its regulatory rules.

But with a Trump-led change in SEC leadership, former SEC official Stark said a shift in the agency’s stance would almost be certain.

“Does this mean that the SEC’s war on crypto is over?” he asked on Thursday. “I would say ‘absolutely,’ with a resounding ‘yes.’”

Edited by Sebastian Sinclair and Josh Quittner

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Trump Picks Bo Hines to Lead Presidential Crypto Council

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Bo Hines, a former Republican nominee for the House of Representatives, has been named by President-elect Donald Trump to be the Executive Director of the Presidential Council of Advisers for Digital Assets.

Per a Truth Social post from Trump, Hines will oversee a “new advisory group composed of luminaries from the crypto industry” and work alongside David Sacks, Trump’s pick for the White House AI and Crypto Czar.

“In his new role, Bo will work with David to foster innovation and” growth in the digital assets space, while ensuring industry leaders have the resources they need to succeed,” Trump posted. “Together, they will create an environment where this industry can flourish, and remain a cornerstone of our nation’s technological advancement.”

Hines was the Trump-endorsed Republican House nominee in North Carolina’s 13th District in 2022, but lost the race to Democratic rival Wiley Nickel. During that race, Hines received backing from former FTX Digital Markets CEO Ryan Salame, who later went to prison for unrelated campaign finance law violations, among other charges.

The 29-year-old Hines ran again for the House this year in the state’s 6th District, but lost in the primaries, placing fourth among Republican candidates. He does not appear to have a substantial public history of making comments related to Bitcoin or cryptocurrency.

“Thank you, Mr. President! It will be the honor of a lifetime to serve in your next administration. Thank you for everything you have done and continue to do for our country,” Hines wrote on X (formerly known as Twitter) on Sunday. “I am thrilled to work alongside the brilliant David Sacks to ensure that this industry will thrive and remain a cornerstone of our nation’s technological advancement.”

Alongside Hines, Trump also named former Andreessen Horowitz venture capitalist Sriram Krishnan as the Senior Policy Advisor for Artificial Intelligence at the White House Office of Science and Technology Policy. Krishnan, who departed from the prominent VC firm in November, will also work closely with Sacks.

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United States of Bitcoin? These States Are Considering BTC Reserves

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Donald Trump and his political allies are plugging away at plans to stockpile Bitcoin at a national level in the U.S. Treasury. 

And now, with the asset’s price repeatedly soaring to new peaks since Election Day, some U.S. states are following suit.  

So far, three states are fielding proposals to establish strategic Bitcoin reserves, while digital asset advocates are calling for other local governments to do the same.

Here’s which states are considering topping up their coffers with the world’s oldest and most valuable digital currency. 

Texas

Texas legislators will soon weigh in on whether or not they should establish a strategic Bitcoin reserve. 

Texas State Representative Giovanni Capriglione proposed a bill in December that calls for the Lone Star State to create a Bitcoin stockpile. 

The draft legislation stipulates that Texas must hold the Bitcoin for at least five years. The cryptocurrency must be kept in cold storage—that is, on some kind of a device that is not connected to the internet—and the assets cannot be used to make transactions outside of Texas, according to the bill.

“A strategic Bitcoin reserve aligns with Texas’s commitment to fostering innovation in digital assets and providing Texans with enhanced financial security,” the bill reads.

Finally, the proposal also enables Texans to donate to the state’s Bitcoin fund.

Pennsylvania

The Pennsylvania House of Representatives put forth a bill in November that called for the establishment of a strategic Bitcoin reserve.

Under the Bitcoin bill, Pennsylvania’s Treasurer would be able to buy Bitcoin with “up to 10%” of the State General Fund, Rainy Day Fund, and the State Investment Fund.

Tapping 10% of the State General Fund would allow the Pennsylvania Treasury to purchase nearly $1 billion worth of Bitcoin.  

“Bitcoin, which has appreciated significantly over the years, can help Pennsylvania keep pace with inflation and economic change,” the state’s lawmakers said in a legislative memo published on November 12. 

Ohio 

Ohio State Representative Derek Merrin on December 17 proposed a bill to establish a strategic Bitcoin reserve in the Buckeye State

The Ohio Bitcoin Reserve Act calls for the creation of a Bitcoin fund in the state Treasury. It also vests Ohio’s State Treasurer with discretionary power to purchase the asset.

“Ohio must embrace technology and protect tax dollars from eroding,” Merrin said Tuesday in an X post. 

Although some details of how the reserve will work remain unclear, the draft legislation is expected to serve as a framework for Ohio lawmakers to build out in 2025.

Edited by Andrew Hayward

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Hawk Tuah Girl Wakes Up, Plays Ball With Lawyers Suing Meme Coin Makers

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After 372 hours, Haliey Welch, better known as the Hawk Tuah girl, has finally woken from her slumber to announce she’s made some new friends—namely, the same law firm that’s suing her business partners over her failed meme coin project.

Sixteen days ago, Welch’s would-be meme coin debut, a Solana token called HAWK, imploded at launch, enriching an apparently interconnected web of early investors and leaving most retail traders in the lurch. That evening, Welch told an irate audience on an X Spaces that she was going to bed and would see everyone in the morning—before going radio silent for weeks on end.

On Friday, Welch broke that silence by announcing she is cooperating with the law firm that sued the HAWK token’s creators Thursday for allegedly violating American securities laws.

“I am fully cooperating with and am committed to assisting the legal team representing the individuals impacted, as well as to help uncover the truth, hold the responsible parties accountable, and resolve this matter,” Welch said on X (formerly known as Twitter). 

A spokesperson for Welch told Decrypt that the influencer was “totally siloed” from the HAWK project and “had zero control over it.”

The spokesperson also asserted that Welch only received a fixed sponsorship fee for lending her likeness to the meme coin project, adding “there was no guarantee she would make any additional money from the meme coin thereafter.”

That story runs somewhat counter to one put forward earlier this week by the team taking responsibility for building most of HAWK. The crypto token launch platform OverHere said on Tuesday that it only took leadership over the doomed token because one of Welch’s associates, a mysterious figure known as “Doc Hollywood,” “vanished when things got hard.”

The OverHere team claimed it took zero fees from HAWK and made zero profit on the project, and pointed the finger at Welch and Doc Hollywood for an alleged lack of transparency.

The lawsuit filed Thursday against the project—by 12 American plaintiffs claiming to have suffered damages in excess of $151,000 from the project—listed OverHere as one of multiple defendants. It did not list Welch. 

Alexandra Roberts, a law professor at Northeastern University, told Decrypt that she has never before seen a situation like this—in which a celebrity such as Welch has actively aided a lawsuit aimed at a project the celebrity lent their likeness to.

“I think it’s a great PR move,” Roberts said. “I think she’s trying to get out in front of it and make a really clear statement: ‘Not only did I not know what was going on, but I want to advocate on behalf of the people who were swindled.’”

Burwick Law, the firm suing HAWK’s creators, told Decrypt that it does not represent Welch, but is in conversations with her counsel.

When asked why Welch was not listed as a co-defendant in the HAWK lawsuit, Max Burwick, managing partner at Burwick Law, said the decision was intentional, and hinted it might help make his clients whole sooner. 

“In this matter, we have chosen the strategy we believe to be most effective in helping our clients achieve meaningful results,” Burwick told Decrypt.

Edited by Andrew Hayward

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