New Executive Orders Address Pretrial Release and Flag Desecration
President Donald Trump signed two executive orders Monday focused on matters central to his administration’s current policy agenda. The orders address cashless bail systems and the handling of American flag desecration, both of which have been points of contention in recent political discourse.
Federal Funding May Be Withheld from Cashless Bail Jurisdictions
One of the orders instructs U.S. Attorney General Pam Bondi to evaluate federal funding streams to states and local jurisdictions that use cashless bail systems. These systems allow individuals accused of crimes to be released before trial without paying bail, based on judicial discretion.
The order singles out the District of Columbia, calling for law enforcement to pursue pretrial detention when possible. It also proposes withholding federal money and services if D.C. continues to permit bail-free releases. The administration argues that such practices may compromise public safety, while critics maintain that eliminating cash bail helps reduce disparities tied to economic status.
According to a recent review by the D.C. Criminal Justice Coordinating Council, only 3% of individuals accused of serious offenses were rearrested while released between August 2024 and January 2025. None of those rearrests involved violent or dangerous crimes.
Legal Push to Reexamine Flag Burning Protections
The second executive order directs the Justice Department to pursue legal action against individuals accused of desecrating the American flag. It also includes provisions for detaining and removing non-citizens who engage in such acts.
While the U.S. Supreme Court has previously ruled that flag burning is protected under the First Amendment, the administration has requested that the Attorney General identify a case suitable for challenging that precedent. The current makeup of the Supreme Court is more conservative than when the original 1989 decision was issued.
The White House pointed to recent protest footage that included flag burning and imagery involving foreign flags as justification for the renewed focus on the issue.
Legal and Constitutional Considerations Ahead
The U.S. lacks a uniform national bail policy, with rules varying across states and court jurisdictions. Constitutional protections also guarantee the presumption of innocence until proven guilty, limiting pretrial restrictions on liberty.
The legality of attempting to reverse prior Supreme Court rulings on flag desecration may face significant scrutiny. Both executive actions are expected to prompt debate and potential legal challenges in the coming months.
Related Coverage
- National News – https://idahonews.co/national-news/
- Politics – https://idahonews.co/idaho-news-3/
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