U.S. President Donald Trump took action on Monday by signing an executive order to eliminate cashless bail in Washington, D.C., and to target other regions in the country using similar systems. The order allows the administration to withhold funding from states that continue to implement cashless bail practices.
Trump emphasized the cessation of cashless bail in D.C. as the starting point, citing federalization as the mechanism to enforce this change. The White House highlighted the primary goal of detaining more criminal defendants in federal custody and subjecting them to federal charges.
Various jurisdictions in the U.S., such as Washington, permit arrested individuals to secure their release without paying a fixed bail amount. This approach, referred to as cashless bail, involves a promise from the accused to appear in court on a specified date without the need to post bail money upfront. The intention behind this practice is to prevent individuals with limited financial resources from being disproportionately detained due to their inability to afford bail.
During a bail hearing, judges assess whether the accused pose a flight risk or a threat to the community. Depending on the determination, the defendant may either be detained or released. Trump criticized the current system, arguing that it allows violent criminals to be repeatedly released from jail, stating instances where released individuals committed further crimes, including fatal incidents.
Attorney General Pam Bondi, in support of Trump’s initiative, shared specific cases where defendants released on cashless bail went on to commit additional crimes, emphasizing the importance of the President’s actions in preventing such occurrences.
The executive order signing ceremony in the Oval Office witnessed the presence of Vice-President JD Vance, Attorney General Pam Bondi, Defence Secretary Pete Hegseth, and Homeland Security Secretary Kristi Noem alongside Trump.
Georgetown University law professor Vida Johnson expressed concern over the executive order’s impact on low-level misdemeanor offenses, cautioning against potential injustices resulting from the proposed changes. She highlighted that the order would necessitate congressional approval for implementation and emphasized the importance of judges adhering to existing laws rather than succumbing to external pressures.
Trump’s order criticized D.C.’s pretrial release policies, including cashless bail, for contributing to repeat arrests and the expedited release of dangerous criminals. The order underscored the potential risks posed to American citizens, federal workers, and residents of the District of Columbia due to the current bail practices.