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Analysis

Crypto After the Midterms: Investigations, Not Legislation?

Crypto is heading into Election Day after absorbing the largest hack in its history, and with another major uncertainty looming over markets.

Crypto After the Midterms: Investigations, Not Legislation?

Not a week after hackers stole roughly $6.3 billion from Binance, crypto is forced to reckon with another potential shock: a Democratic sweep that would put some of the industry's most persistent critics in control of congressional oversight.

But unlike the hack, this threat has been building in plain sight. As of Tuesday morning, Kalshi priced Democratic control of the House at roughly 94% and the Senate at roughly 75%. That doesn't mean the outcome is fully priced into crypto, but a change in congressional control would hardly come as a surprise.

What could matter more is how Democrats use that power, and whether events in Iran overwhelm the political story entirely.

From Letters to Subpoenas

If Democrats win the House, they'll gain control of committee investigations, with the power to hold hearings and subpoena documents or testimony. And they've already signaled where they'd look.

The famously anti-crypto duo Elizabeth Warren and Maxine Waters began laying the groundwork in April 2025, asking the SEC to preserve records concerning Trump's World Liberty Financial and potential conflicts of interest. Other lawmakers have sought scrutiny of his $TRUMP memecoin, while Robert Garcia, the top Democrat on House Oversight, has identified the Trump family's crypto and foreign business dealings as an investigative priority.

Binance's hack gives them another opening. In an October 30th statement, Waters linked the breach to Trump's pardon of Binance founder Changpeng Zhao (CZ) and Binance's ties to World Liberty. While those relationships have no established connection to the hack itself, the breach gives Democrats another opportunity to push for stronger cybersecurity, financial crime safeguards, and exchange accountability.

And perhaps that's not entirely bad. Given how much capital crypto has hemorrhaged through recent hacks, additional oversight of exchange security might even help (please, let's not see me eating my words here). My concern is how far that scrutiny spreads. Ideally, investigations stay focused on specific dealings rather than dragging unrelated businesses into the crossfire. But prediction markets, with their own Trump-family ties, could also find themselves in the spotlight.

Donald Trump Jr. advises Kalshi and sits on Polymarket's advisory board after his firm, 1789 Capital, invested last year. Warren pressed Republican attorneys general to release a transcript after the New York Times reported that Trump Jr. urged them not to pursue prediction markets. On Monday, four Democratic senators asked X whether Polymarket was receiving preferential treatment for its advertisements.

Democrats have also introduced the STOP Corrupt Bets Act, which would ban contracts on elections, sports, government actions, and war. That would strike at the heart of Kalshi's business: sports and parlays accounted for roughly 84% of its volume this year, versus just 0.5% for elections. And all of this comes amid an intensifying state–federal fight over who gets to regulate these platforms. As Dustin Gouker of The Event Horizon newsletter put it, the congressional hearings we've seen so far may "look like ice cream socials" compared with what a Democratic Congress could bring.

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Kalshi appears to be preparing for that possibility, having just hired a lobbying firm with ties to Hakeem Jeffries, who could become House Speaker. And with the CFTC defending prediction markets against state regulators, congressional scrutiny of the platforms could extend to the agency itself.

Regulators Keep Moving

But greater congressional scrutiny doesn't necessarily mean regulatory progress stops.

Despite CLARITY's failure to advance in September, the SEC and CFTC have continued clearing a path forward using their existing authority.

Just two days after CLARITY stalled, the SEC granted a temporary exemption allowing qualifying venues to trade tokenized U.S. stocks onchain. In October, the CFTC sought input on rules for leveraged crypto trades and federally registered crypto markets. Today brought an even more concrete sign of progress.

CFTC Chairman Michael Selig announced that equity perpetual futures could begin trading on qualifying U.S.-regulated exchanges. Platforms still need the relevant SEC and CFTC registrations, product filings, and clearing arrangements, but the regulatory pathway is now open. Payward has already filed to offer these perps through Bitnomial, while Lighter and ICE-backed Trade[XYZ] are pursuing their own regulatory paths.

That progress isn't immune to political pressure. Warren has already challenged the CFTC's enforcement record and staffing cuts, and a Democratic Congress could subject the agencies' decisions to greater scrutiny. But congressional control doesn't erase their existing authority. Investigations could accelerate even as regulatory approvals continue.

The Bigger Unknown: Iran

For prices, the less predictable force may be Iran. Reports last week suggested Trump was considering renewed large-scale strikes after the midterms, raising the prospect of higher oil prices, stubborn inflation, and another pullback in risk assets.

Monday briefly brought relief. Trump said he was in no rush to resume a major campaign, while hopes of diplomacy sent oil sharply lower. But the Associated Press reported late Monday that U.S. forces had carried out limited strikes against Iranian targets near the Strait of Hormuz. A U.S. official described the strikes as defensive, and negotiations remain active. The question now is whether those strikes remain isolated or give way to a wider conflict.

That distinction may ultimately determine where crypto goes next. Investors have had weeks to prepare for a Democratic Congress, but what happens in Iran remains far less predictable and may matter more for markets than what happens back in the States.

Here's to hoping for a swift resolution, and not just for our coins.

David Christopher

759 posts

David is a writer/analyst at Bankless. Prior to joining Bankless, he worked for a series of early-stage crypto startups and on grants from the Ethereum, Solana, and Urbit Foundations. He graduated from Skidmore College in New York. He currently lives in the Midwest and enjoys NFTs, but no longer participates in them.

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