The 401K was created by an act of Congress, with whatever rules govern it. Yes? So, can the Felon just rewrite the rules by edict? It seems to me, unlikely.

I am not a tax lawyer. But in the age of modern government, many rules - probably most rules - aren't written by Congress. They might be based on an act of Congress, but many of the rules and most of the details are written by governmental agencies in the form of regulations, not statutes. And Trump can definitely order his agencies to re-write those rules.

Now, the key thing here is the difference between writing an Executive Order saying that 401(k)'s should be allowed to invest in crypto and actually amending whatever provisions of the Code of Federal Regulations currently don't allow that. There's a lot of steps between changing your mind and changing the actual rule that's written down - and it takes a fair amount of time and usually a few lawsuits for that to happen.

But it's only Year 1 of his four-year term - so yeah, if this is just a change to the CFR and not the statute, he can probably do it.

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