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BitMEX Shuts Amid Lawsuit as CLARITY Case Uncertainty Grows



With the August recess deadline closing in, U.S. lawmakers are still negotiating the Clarity Act—an ethics-focused proposal tied to digital asset activity that would also restrict officials from issuing or sponsoring crypto. Senate Majority Leader John Thune has signaled skepticism that there are enough votes for passage, but said a floor vote could still be pursued to “get Clarity started” and test support.


The bill is also at the center of a deeper political struggle over enforcement. Democrats want ethics rules to be enforced by state attorneys general, while the White House and Republicans have advanced an approach that hinges on the federal Attorney General—an official appointed by President Trump. The dispute, along with provisions that Democrats criticize as giving the President special leeway, is leaving the legislation in limbo even as industry and law enforcement groups begin to line up behind the latest version.



Key takeaways



  • Clarity Act momentum depends less on technical drafting and more on whether lawmakers can reconcile a major enforcement disagreement and the scope of presidential exceptions.

  • Senate Majority Leader John Thune doubts the bill has the votes for passage, but may still move toward a vote to gauge support.

  • Institutional backers—including Fidelity and Charles Schwab, and a statement of support from Goldman Sachs CEO David Solomon—suggest the bill remains attractive to parts of traditional finance despite imperfections.

  • Outside politics, crypto infrastructure news continues with BitMEX announcing it will shut down operations in September after 11 years, while S&P Dow Jones and Pantera launch an institutional digital asset benchmark index that excludes Bitcoin and XRP.



Clarity Act: ethics rules collide with enforcement politics


At the heart of the Clarity Act negotiations is a proposed ethics deal that would bar U.S. officials from issuing or sponsoring digital assets. However, the plan also includes exceptions Democrats say amount to a “get out of jail free” arrangement for the President. One sticking point raised in reporting is that certain rules would expire on the day President Trump is scheduled to leave office in 2029—an element that has been criticized as undermining the durability of the restrictions.


The enforcement mechanism is another major fault line. The ethics provisions would be administered by the Attorney General appointed by Trump, but Democrats have pushed for state attorneys general to enforce the rules instead. That expansion would create a broader enforcement footprint across jurisdictions—something Republicans and the White House appear unlikely to support, especially given the likelihood that the President would resist changes that empower many independent state-level prosecutors.


According to Cointelegraph, Senate Majority Leader John Thune does not believe the bill has enough votes to pass yet. Still, he indicated he may bring it to the floor to “get Clarity started” and determine where the remaining votes stand as the August recess deadline nears.



Support from institutions and law enforcement—while trust remains strained


While political factions remain divided, signals of support from outside government have started to build. The White House described the bill as the “most comprehensive and wide-ranging ethics provision in history,” while Democratic Senator Ruben Gallego characterized it with unusually blunt language, calling it neither serious nor acceptable. Negotiations are reportedly continuing in an effort to find wording that both sides can accept.


Financial institutions have also weighed in. Goldman Sachs CEO David Solomon acknowledged the proposal is “not perfect,” but still supported it. Cointelegraph also reported that Fidelity and Charles Schwab have backed the initiative. Taken together, these endorsements suggest the bill’s advocates see it as a workable baseline for reducing perceived conflicts—particularly for firms that want clearer conduct expectations involving digital assets.


Law enforcement signals have been another ingredient. The National Fraternal Order of Police said the latest version of the BRCA—described as protecting developers of decentralized protocols—would not impede investigations into money laundering and fraud. That point matters for the bill’s political sell: proponents want ethics restrictions to target conflicts of interest without unintentionally constraining legitimate enforcement activity.


Still, the level of distrust between parties appears to be the dominant constraint. Negotiators may be able to close gaps on implementation details, but the bill’s most consequential disagreements—presidential exceptions and who can enforce the rules—go to the core of each side’s incentives.



What the odds say—and what to watch next


Market odds also reflect uncertainty. According to Polymarket, the odds of the Clarity Act passing this year are currently 38%. Even if a floor vote is scheduled, that number implies the bill could still face serious headwinds, particularly if negotiations fail to produce a package that enough senators can defend publicly.


Investors and market participants should watch for two developments in the near term: whether the enforcement framework shifts meaningfully toward a multi-enforcer model, and whether the presidential exception provisions remain intact or are narrowed. Those items likely determine whether additional lawmakers feel comfortable turning a political compromise into a concrete vote.



BitMEX to shut down, highlighting consolidation in derivatives trading


Elsewhere in crypto policy and markets, BitMEX—one of the early pioneers of crypto derivatives trading—announced it will shut down operations in September after 11 years. BitMEX launched in 2014 and gained notoriety for introducing 100x leverage perpetual swaps.


But in recent years, volumes fell as competition intensified, with major centralized exchanges such as Binance and fast-growing decentralized venues like Hyperliquid taking share. CryptoQuant CEO Ki Young Ju said BitMEX’s share of the Bitcoin futures market has dropped to 0.08%, with about $84 million in daily trading volume.


Ju described the closure as an industry “torch” moment—an exchange that helped shape the market now stepping aside for the next wave it inspired. Cointelegraph also reported that BitMEX’s utility token, BMEX, fell sharply after the shutdown announcement. The same day, a class action lawsuit surfaced alleging that BitMEX fraudulently engineered liquidations to seize trader collateral. BitMEX denied the accusations and said it previously defended itself successfully against similar claims.


Analysts tied the shutdown to broader structural changes. Cointelegraph reported restructuring adviser Roshan Dharia saying BitMEX’s demise reflects accelerated consolidation. A quoted passage highlighted that the top five platforms control an estimated 80% of global spot volume, squeezing mid-tier operators as structural headwinds—rather than temporary cycles—reduce margins and limit scaling pathways.


That consolidation narrative continued quickly: Cointelegraph also reported that BitMart later announced it would close in the coming months, underscoring how pressure is spreading across crypto venues rather than concentrating on a single platform.



Institutional benchmarks expand: S&P and Pantera launch a crypto index


Index providers are also moving deeper into digital assets. S&P Dow Jones Indices and Pantera Capital launched the S&P Pantera Digital Asset Index, positioned as an institutional benchmark that tracks major crypto assets but excludes Bitcoin and XRP.


According to Cointelegraph, the index is designed to serve institutions by filtering blockchains based on minimum thresholds for protocol revenue, market capitalization, and liquidity. The index launched with 18 constituents. Ether (ETH), BNB (BNB), Solana (SOL), TRON (TRX), and Hyperliquid (HYPE) make up the five largest holdings, while Bitcoin (BTC) and XRP remain the largest non-constituents.


The effort fits a broader industry push for institutional-grade benchmarks. Cointelegraph cited related products such as the Nasdaq Crypto Index US ETF, a Franklin Crypto Index ETF, and a Coinbase Store of Value Index—signaling that tradfi-style benchmarking continues to shift from concept to increasingly concrete infrastructure.



Robinhood prediction markets grow as regulators focus on event contract specificity


On the U.S. consumer-facing side, Robinhood is reportedly discussing an expansion of its prediction markets business by integrating yes-or-no event contracts supplied by Crypto.com. Cointelegraph noted that Robinhood began prediction markets in March 2025, initially facilitated by Kalshi to satisfy compliance requirements from the U.S. Commodity Futures Trading Commission (CFTC).


At the same time, regulatory scrutiny is intensifying around how event contracts are certified. Cointelegraph reported that the CFTC issued another warning that platforms must be more specific rather than relying on broad template-style certifications covering multiple potential variations of events. The regulatory push matters because it can constrain how quickly providers scale new contract templates or broaden the range of covered scenarios.


Cointelegraph also referenced legal commentary linking potential clarity on market structure oversight to the Clarity Act, framing the ethics legislation as possibly supportive of the CFTC’s ability to monitor prediction market growth.



Across governance, exchanges, and benchmarks, the throughline is clear: crypto is entering a phase where regulation, institutional infrastructure, and market structure pressures are reshaping outcomes. For the Clarity Act specifically, the next signals to monitor are whether negotiations produce a durable enforcement compromise and whether senators are willing to translate that compromise into votes before the August recess deadline.



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