NEW YORK — A member of the President’s family, on the record and off it, has asked the country’s Republican attorneys general to stop regulating the betting markets that, in a development that did not make the headline, pay him.
The New York Times reported Thursday that Donald Trump Jr. told a gathering of Republican state attorneys general in New Orleans in March not to go after prediction-market platforms such as Polymarket and Kalshi. His stated reason, as recounted by The New Republic, was that the companies raising complaints were “gambling businesses” attacking the new markets “to protect their own monopolies.” It is, in the framing of the room, a story about a small, fast-growing corner of the internet standing up to the established casino.
The part the room did not need a reminder of, but the record now contains, is the one Alternet got to without being asked: the man making the case against the regulators holds a financial interest in the very industry the regulators are, in a few states, looking at. The conflict is not a footnote to the argument. The conflict is the argument. It is the only part of the sentence that does not require a lawyer to point out, and it is the part the room chose to read as a footnote.
The legal landscape is, for the moment, a brawl with the lights on. A handful of states have challenged Kalshi and Polymarket on the theory that betting on a politician saying a particular word is gambling, which is to say it is the thing those states’ casinos are licensed to do and no one else is. The CFTC, the federal body that has staked its authority on the idea that these markets are not gambling, has responded the way the CFTC has responded to every one of these fights, which is to say it has responded with a press release and a working group.
The economics of the moment are worth sitting with, because they are, like the rest of the moment, straightforward. Prediction markets are a real and growing asset class, and the people who have built them are, in a few cases, people with money and a point of view, and the point of view is that the state should not be in the business of telling them which bets are legal. That is a position a free-market conservative can hold and defend on its merits. What is harder to hold on its merits is the specific ask — that the same state attorneys general who are, in their official capacity, the state’s regulators of gambling, be asked by a private party with a stake in the outcome to stand down from a regulatory question the state is entitled to ask.
The distinction the argument rests on is between a monopoly and a market. A casino is a monopoly, the argument goes, because the state granted it one, and a prediction market is a market, because the state has not, yet, granted it one. The move being proposed, in other words, is not the regulation of the new market. It is the pre-emptive removal of the people who might, if the new market ever became as large as the old one, be the ones to ask the old questions about it.
PREDICTION MARKETS: THE RECORD, AT A GLANCE
- The ask: Republican state attorneys general should not pursue Kalshi, Polymarket, or the CFTC's claim of regulatory authority over them.
- The stated reason: The complaints come from "gambling businesses" protecting "monopolies." The casinos, in this account, are the incumbents.
- The unstated reason, now on the record: The person making the ask is paid by the industry being defended. The disclosure is not in the argument. The disclosure is the argument.
- The legal posture: States say it is gambling. The CFTC says it is not. A federal court will, at some point, be the one to decide, and the federal court has not, as of this writing, been introduced to the family member.
What the market itself does with the news, it did at 9:30. The odds on the relevant contracts moved a few points in the direction that always moves first, which is to say toward whatever is least likely to be a surprise. The traders who care about the substance have a note, and the traders who care about the headline have a different note, and the two notes are, for now, in the same feed.
At press time, a spokesman for one of the state attorneys general’s offices was asked for comment on the suggestion that the office should stand down, and the spokesman said the office “has always been, and will continue to be, interested in the interests of the people we serve,” which is the sentence every office in the country has, and the sentence none of them have to explain.