In his testimony before the Congressional committee, the former U.S. Attorney for the District of Utah and current Executive Director of Right on Crime, emphasized the critical issue of over-criminalization in America’s justice system. He highlighted the overwhelming number of federal criminal laws, which complicates the enforcement of justice and deviates from the principle of fairness through consistency, as warned by James Madison in Federalist Paper 62.

He argued that over-criminalization has led to a scenario where the government can target citizens without the necessary mens rea, or mental state required for committing a crime, thus expanding prosecutorial power excessively. This situation is exacerbated by an administrative state that has created countless regulations without direct accountability to voters, further encroaching on individual freedoms and state jurisdiction over criminal prosecutions.

The former attorney criticized the current Department of Justice for politicizing law enforcement, including the prosecution strategies against figures like President Donald Trump, suggesting a dangerous precedent for political retribution using legal tools. He underscored the need for Congress to exercise restraint in creating new criminal laws and to include mens rea elements to ensure fairness.

He also discussed the reversal of a Trump-era executive order by President Biden, which had directed agencies to clarify mens rea requirements in regulatory offenses. This action, he argued, undermines efforts to address over-criminalization.

The testimony concluded with a call for robust congressional oversight and reform to pull back the unchecked expansion of criminal regulations, emphasizing that maintaining a fair and consistent application of the law is crucial for upholding justice and protecting American freedoms.