Cashless Bail – In a bold move aimed at reinforcing his tough-on-crime agenda, former President Donald Trump signed a pair of executive orders on Monday that seek to restrict cashless bail policies and criminalize flag desecration, reigniting national debate on public safety and civil liberties.
Ending Cashless Bail: “A Recipe for Chaos”
The first order directly challenges local and state governments that use cashless bail systems, which allow certain defendants to be released before trial without posting bail. Trump’s directive:
- Instructs the Department of Justice to identify jurisdictions using cashless bail and examine which federal funds could be withheld from them.
- Encourages federal prosecutors to charge and detain individuals in cities where local bail practices are considered “too lenient,” with special focus on Washington, D.C.
- Calls cashless bail policies “a recipe for chaos” and accuses progressive lawmakers of “putting criminals back on the streets.”
Attorney General Pam Bondi has been tasked with leading the review and enforcing compliance through DOJ actions.
Flag Desecration Crackdown: A Push to Overturn Precedent
The second executive order tackles flag desecration, an act the Supreme Court has previously protected under the First Amendment.
Trump’s order includes:
- A directive for the Department of Homeland Security and DOJ to prosecute individuals who burn or desecrate the American flag in public.
- Language authorizing the deportation of non-citizens found guilty of flag desecration.
- A call to Congress and conservative legal allies to challenge the 1989 Supreme Court ruling (Texas v. Johnson) that deemed flag burning a form of protected speech.
Trump called the American flag “a sacred symbol of unity” and accused protestors who burn it of “spitting on the sacrifices of our heroes.”
Political and Legal Fallout
While the orders have been met with applause from conservative groups and law enforcement unions, civil liberties organizations and legal experts have immediately flagged constitutional concerns.
- The ACLU warned that the flag order “violates clearly established Supreme Court precedent” and vowed legal challenges.
- Legal scholars noted that efforts to criminalize protected speech and withhold federal funds could face significant hurdles in federal courts.
Timing and Political Context
These executive orders come as Trump continues to solidify support ahead of the 2026 midterms, using law-and-order messaging as a rallying point for his base.
Supporters see the moves as a return to “common-sense” justice. Critics argue they represent a dangerous slide toward authoritarianism.
