Trump Signs Executive Order to End Cashless Bail in D.C.

U.S. President Donald Trump signed an executive order on August 14, 2023, aimed at ending cashless bail in Washington, D.C. The order also seeks to identify other jurisdictions across the nation utilizing similar systems and threatens to withhold federal funding unless they terminate the practice. Trump stated, “Cashless bail. We’re ending it, but we’re starting by ending it in D.C. and that we have the right to do through federalization,” during the signing ceremony in the Oval Office.

The White House indicated that the intention behind this executive order is to keep more criminal defendants in federal custody, allowing federal charges to be applied. Under the cashless bail system, which is currently operational in several U.S. jurisdictions, individuals arrested may be released without having to pay a monetary amount for bail. Instead, they commit to appearing in court on a specified date, designed to prevent the detention of low-income individuals who cannot afford to post bail.

Critics of the cashless bail system argue that it has led to a cycle of releasing offenders who may pose a threat to public safety. During the signing ceremony, U.S. Attorney General Pam Bondi shared examples of cases where individuals released on cashless bail reoffended, including one incident that resulted in a fatality. “A man got in a fight with another guy. He had a gun. He was let out. The next night, he got out, went back and killed him,” Bondi explained, emphasizing the need for the president’s actions.

Concerns Over Public Safety and Crime Rates

Trump’s order comes amid heightened concerns over crime rates in the District of Columbia. He has previously deployed the National Guard to manage law enforcement in the city, citing a public safety emergency after a White House staffer was injured in a carjacking on August 11, 2023. Critics, including Vida Johnson, a law professor at Georgetown University, argue that crime in D.C. is at a 30-year low and that the presence of the National Guard has not made the city safer. Johnson pointed out that D.C. has a lower crime rate than many cities in Republican-leaning states, questioning the rationale for federal intervention.

Johnson expressed her concern regarding the implications of Trump’s executive order, especially for those accused of low-level misdemeanors. She stated, “Anyone who’s accused of a crime in the United States, just like in Canada, is presumed innocent. Moving to hold people without bond who have not been found guilty is really troubling.”

The executive order claims that D.C.’s cashless bail policies have resulted in law enforcement needing to arrest the same individuals repeatedly. It states that dangerous criminals are sometimes “rapidly released,” leaving them free to pose risks to residents and visitors in the capital city.

The Legislative Path Ahead

For Trump’s executive order to be effectively implemented, an act of Congress is necessary. Johnson stated that judges in D.C. Superior Court must adhere to existing laws rather than the president’s directives. If Congress supports Trump’s initiative, it could lead to a significant increase in the number of individuals incarcerated simply due to an inability to afford bail.

As this executive order unfolds, the implications for public safety, legal processes, and the rights of defendants continue to generate debate among policymakers and legal experts alike. The administration’s approach to reforming bail practices not only seeks to address crime but also highlights the ongoing discussions surrounding justice reform in the United States.