When the federal government decided to prosecute mountain runner Michelino Sunseri for using an unauthorized trail while setting a record for ascending and descending Grand Teton in September 2024, it seemed like a good example of a problem that President Donald Trump decried in an executive order last month: "overcriminalization in federal regulations." The National Park Service (NPS) ultimately agreed, saying it was "withdrawing its criminal prosecution referral" after "further review" in light of the president's order. But the Justice Department proceeded with the case anyway, resulting in a two-day bench trial that ended on May 21.

That disagreement, revealed in an email chain that Sunseri's lawyers obtained through a Freedom of Information Act request, raises questions about whether

See Full Page