President Donald Trump made a major move appealing to his conservative supporters. He signed two high-profile executive orders today. These orders aim at rolling back cashless bail systems. They also focus on criminalizing flag burning.
Striking Against Cashless Bail
The first order directs federal authorities to withdraw funding from cities and states that have eliminated cash bail. It argues that such systems are too lenient. They threaten public safety. Attorney General Pam Bondi has 30 days to identify which jurisdictions have adopted cashless bail policies. She will particularly focus on serious criminal offenses.
Washington, D.C.—a city that largely abolished cash bail decades ago—is a primary target. The administration is using federal oversight and funding as leverage, even considering sending more pretrial detainees into federal custody. Critics, including reform advocates, argue cashless bail addresses systemic inequality—helping low-income defendants who can’t afford traditional bail. Research, such as from the Brennan Center, found no link between bail reform and crime increases.
Flag Burning Becomes a Crime (Again)
The second executive order calls on the Justice Department to investigate and prosecute individuals who desecrate the U.S. flag—punishable by up to one year in jail, with no early release. Foreign nationals caught burning the flag may face revocation of visas or immigration benefits, and possible deportation.
The Supreme Court ruled in Texas v. Johnson (1989) that flag burning is protected under the First Amendment. Trump’s move aims to challenge this precedent. It suggests prosecution may be possible if flag burning “incites imminent lawless action” or counts as “fighting words.” Legal and civil liberties groups warn this order will likely face uphill battles over free speech rights.
