Significant strides are being made toward creating a Bitcoin (BTC) strategic reserve in the United States, yet certain complex legal barriers continue to delay progress, according to Patrick Witt, director of the White House Crypto Council.
Witt revealed on the Crypto in America podcast that multiple government bodies—including the Department of Justice (DOJ) and the Office of Legal Counsel (OLC)—are currently examining regulatory and legal challenges involved in setting up this Bitcoin reserve. He explained:
“While it appears straightforward initially, we encounter some obscure legal clauses that restrict which agencies can take action. Some agencies are barred from doing so, whereas others might have authority. We remain actively engaged on this issue. It remains a high priority.”
In March 2025, then-President Donald Trump signed an executive order establishing both a Strategic Bitcoin Reserve and a “Digital Asset Stockpile,” which encompasses altcoins and various other cryptocurrencies.
Trump officially authorized the Strategic Bitcoin Reserve and Digital Asset Stockpile initiative. Image credit: Margo Martin
The formation of a national-level Bitcoin reserve would mark an unprecedented milestone for digital currency globally. However, members within the Bitcoin community have expressed disappointment with what they perceive as unmet expectations from this executive order under Trump’s administration.
Related reading: Sygnum anticipates growth in tokenization and state-backed Bitcoin reserves by 2026
The Cryptocurrency Community Voices Discontent Over The Strategic Reserve Plan
The executive order explicitly states that US authorities will refrain from selling any Bitcoins already held but will only augment their holdings through BTC confiscated during asset forfeiture proceedings.
This directive prohibits government acquisition of additional Bitcoins or digital assets via open market purchases—a restriction that has drawn criticism among cryptocurrency advocates.
A visualization showing total US crypto assets including BTC valued in USD terms courtesy Arkham Intelligence
“The notion that federal authorities will eventually build out a meaningful Strategic Bitcoin Reserve is completely detached from reality,” asserted Justin Bechler, a staunch supporter of maximalist views on Bitcoin.
“There is no genuine effort underway to accumulate fixed-supply assets like BTC with sincere intent—only hollow rhetoric filled with vague promises designed for political gain,” he added emphatically.
Image source: Michael Bentley
In July 2025, despite releasing an eagerly awaited report outlining digital asset policies, Trump’s administration failed to provide further clarity or commitments regarding expansion plans for its strategic BTC reserve—prompting renewed criticism within crypto circles.
The following month Treasury Secretary Scott Bessent suggested alternative budget-neutral methods whereby governmental entities could procure additional Bitcoins without increasing annual deficits.
This proposal sparked fresh optimism about potential strategies allowing US officials to purchase BTC openly by reallocating portions of existing reserves or leveraging gains from revalued metal holdings toward acquiring more cryptocurrency units. p >
For further insight : US faces risk of being ‘front run’ by other countries regarding its bitcoin reserve strategy — Samson Mow em > p >