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White House Bitcoin strategic reserve delayed by legal hurdles

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Dmitry Kozlov
White House Bitcoin strategic reserve delayed by legal hurdles

Key Takeaways

  • 1 Patrick Witt, director of the White House Crypto Council, says 'obscure' legal provisions are slowing progress on a US Strategic Bitcoin Reserve.
  • 2 President Donald Trump signed an executive order in March 2025 creating a Strategic Bitcoin Reserve and a Digital Asset Stockpile.
  • 3 The executive order bars selling government Bitcoin and limits additions to BTC seized in asset forfeiture cases.
  • 4 Bitcoin commentator Justin Bechler criticized the executive order as lacking genuine intent to build a reserve.
  • 5 US Treasury Secretary Scott Bessent proposed budget-neutral methods for acquiring BTC in August 2025 as a possible path forward.

The White House Crypto Council says 'obscure' legal provisions are delaying the US Strategic Bitcoin Reserve from Trump's 2025 executive order. Read reactions and proposed fixes.

Progress on a US Strategic Bitcoin Reserve is under way but stalled by legal complexities, according to Patrick Witt, director of the White House Crypto Council. Witt told the Crypto in America podcast that several agencies are reviewing “obscure” legal provisions that complicate establishing the reserve, and those interagency legalities have become a bottleneck.

Introduction to the Bitcoin Strategic Reserve

The Strategic Bitcoin Reserve was created by an executive order signed by US President Donald Trump in March 2025, which also established a broader “Digital Asset Stockpile” that includes other cryptocurrencies. The order aimed to formalize a government-held Bitcoin position and set rules for how those holdings would be managed.

Supporters view a national Bitcoin reserve as a notable policy move for the world’s first digital currency, while critics argue the measures in the order are limited in scope. The administration’s follow-up materials have not resolved key questions about how the reserve would grow or operate in practice.

Legal Challenges and Delays

Patrick Witt said the process is being slowed by legal issues that require coordination across agencies, with the Department of Justice and the Office of Legal Counsel involved in the review. He described some of the stumbling blocks as “obscure” legal provisions that need clarification before the reserve can advance.

The interagency review aims to determine what the executive order permits and which statutory or regulatory constraints apply, a step that has extended the timeline. For more on how broader crypto legislation is moving through Washington, see the analysis of the crypto law delay affecting other policy items.

Trump's Executive Order and Community Reaction

The March 2025 executive order explicitly states the US government will not sell any of its Bitcoin holdings and will only add to the strategic reserve through BTC seized in asset forfeiture cases. That limitation means the government cannot buy BTC on the open market under the current terms of the order, which many in the Bitcoin community criticized as insufficient.

Justin Bechler expressed strong skepticism, saying: “There is no movement toward a Bitcoin reserve. There is no intention to acquire a fixed-supply asset in good faith. There are only empty speeches, vague references and opportunistic pandering from Washington politicians.” That reaction reflects wider disappointment after a July 2025 report on digital asset policy failed to add operational details for the reserve.

Proposed Solutions and Future Plans

In August 2025, US Treasury Secretary Scott Bessent proposed budget-neutral strategies that would allow the government to acquire BTC without increasing the annual budget deficit. Those ideas include converting portions of other reserve assets or using revaluation gains on existing holdings to purchase Bitcoin.

Such approaches reopened discussion about whether the government could begin buying BTC on the open market under constrained fiscal rules, and commentators have pointed to proposals for direct market purchases as one route forward. For related commentary on possible direct buying, see the piece on direct purchases.

Broader Implications and Expert Opinions

Observers have warned that delays and limited acquisition paths may allow other countries to move first in establishing state-held Bitcoin positions, a concern voiced by commentators such as Samson Mow. That perspective frames the reserve debate not only as an internal legal issue but also as part of international competition over digital-asset policy.

While the long-term policy picture remains unresolved, the discussion highlights tensions between legal constraints, fiscal rules, and political messaging. Those tensions will shape how, and if, a US Strategic Bitcoin Reserve becomes operational beyond the framework set by the executive order.

Why this matters

If you run mining equipment in Russia—whether one device or a small farm of hundreds—the immediate, practical impact of these US legal delays is limited to market and policy signals rather than direct operational changes. The executive order’s current limits on acquiring BTC mean any large-scale government buying is not guaranteed, but proposed budget-neutral ideas keep that option on the table.

For miners, the main takeaways are about the policy environment: a clarified legal path could change how governments participate in crypto markets over time, while ongoing criticism shows the plan’s current political fragility. Monitoring developments helps you understand potential future shifts in demand that might matter for long-term planning.

What to do?

  • Monitor official sources and reputable coverage of the White House Crypto Council and Treasury updates to catch legal or policy changes early.
  • Keep operational practices efficient: optimize energy use and maintenance schedules so your setup is resilient regardless of policy news.
  • Secure and document your holdings and infrastructure—regular backups and clear records reduce administrative risk if regulations change.
  • Follow community and industry commentary to gauge market sentiment without treating it as certainty; use it as one input among others for planning.

Frequently Asked Questions

Who said the Bitcoin reserve is delayed and why?

Patrick Witt, director of the White House Crypto Council, said progress is being held up by 'obscure' legal provisions that require interagency review, including input from the DOJ and OLC.

Does the executive order let the government buy Bitcoin on the open market?

No. The March 2025 executive order states the government will not sell its Bitcoin and will only add to the reserve with BTC seized in asset forfeiture cases, so it does not authorize open-market purchases under its existing terms.

What proposals exist to allow the government to acquire more BTC?

In August 2025, Treasury Secretary Scott Bessent proposed budget-neutral strategies—such as converting portions of other reserve assets or revaluing holdings—to acquire Bitcoin without increasing the annual budget deficit.

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