Measures To End Cashless Bail and Enforce the Law in the District of Columbia
This Executive Order directs the federal government to act to end so-called “cashless bail” practices in the District of Columbia and to press local authorities to detain arrestees who pose threats to public safety before trial. It instructs federal law enforcement working on the D.C. Safe and Beautiful Task Force to hold arrestees in federal custody and to pursue federal charges and pretrial detention where permitted by law. It also requires the Attorney General to review Metropolitan Police Department (MPD) policies, determine whether D.C. maintains a policy prohibiting cash bail for dangerous defendants, and, if so, to coordinate with federal agencies and the Office of Management and Budget (OMB) to identify actions (including funding or service decisions) to encourage D.C. to change its policies. The order is framed as a response to a declared “crime emergency” in Washington, D.C. Its likely effects include greater federal involvement in arrests and prosecutions in D.C., pressure on D.C. local government to reinstate or expand the use of cash bail or other pretrial detention measures for certain categories of defendants, and heightened federal–local tension over home rule. Implementation is limited by applicable law and available appropriations and could prompt legal challenges from D.C. officials or civil liberties groups.
Key Points
- 1Federal policy directive: The Administration’s policy is to end cashless bail practices in D.C. and ensure pretrial detention for suspects who threaten public safety.
- 2Federal custody and prosecution: Federal law enforcement officials who are members of the D.C. Safe and Beautiful Task Force are directed to hold arrestees in federal custody “to the fullest extent permissible” and to pursue federal charges and pretrial detention when legally possible.
- 3Attorney General review and requests to local government: The Attorney General must review MPD general orders and other policies that may result in pretrial release of dangerous defendants and, under applicable statutory authority cited in the order, request that the D.C. Mayor modify those policies to address the declared emergency.
- 4Determination on cashless bail and follow-up: The Attorney General must determine whether D.C. maintains a policy or practice prohibiting cash bail for defendants who pose a clear threat (examples listed include violent and certain property offenses) and update that determination if local policies change.
- 5Federal leverage and agency actions: Heads of federal departments and agencies, coordinated with OMB, must identify and may undertake appropriate actions to press D.C. to change cashless-bail policies. Examples cited include federal funding decisions, approvals, or provision of services, but any action must be consistent with law.