When the federal government decided to prosecute mountain runner Michelino Sunseri for using an unapproved 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 prosecutors met their constitutional obligation to share information that would have been helpful to the defense. It also casts doubt on whether the Justice Department is complying with the policy described in Trump's order, which said federal prosecutors should eschew charges involving regulatory crimes unless they have evidence indicating that the defendant knowingly violated the law.
That point always seemed doubtful in Sunseri's case. For one thing, he publicized his route up and down Grand Teton with a map that he posted on social media. According to the NPS and the Justice Department, that map showed Sunseri had committed a federal misdemeanor punishable by up to six months in jail. And as WyoFile reporter Katie Klingsporn noted during Sunseri's trial before U.S. Magistrate Judge Stephanie Hambrick in Jackson, Wyoming, the route that the NPS said he should not have taken, known as the "old climber's trail," is "a historic trail so well-used that it's become a skinny singletrack."
