U.S. President Donald Trump holds up an executive order after signing it in the Oval Office at the White House in Washington, D.C., U.S., August 25, 2025. REUTERS/Jonathan Ernst TPX IMAGES OF THE DAY
President Donald Trump signed an executive order on Monday that would eliminate cashless bail in Washington, D.C., but one legal analyst explained that it doesn't appear that Trump's order will do anything after all.
The Atlantic's legal analyst and writer Quinta Jurecic explained, "Unless I'm missing something, I think there's a limit to what Trump can do in terms of cash bail in D.C."
Under DC law, Section B (XIV)(3), "A judicial officer may not impose a financial condition under paragraph (1)(B)(xii) or (xiii) of this subsection to assure the safety of any other person or the community, but may impose such a financial condition to reasonably assure the defendant’s presence at all court proceedings that does not result in the preventive detention of the person, except as provided in § 23-1322(b)."
Jurecic said that under section (b), "There's already an exception for violent crime, which is what Trump says he's concerned about."
It would mean Trump's executive order has no real value or purpose.
Defense attorney Andrew Fleischman explained that there is a rationale behind the idea of cashless bail for lower-level crimes.
"Cashless bail systems use text messages and pretrial supervision to make sure people come back to court," Fleischman said. "They work as well or better than bail systems. Plus, bail bondsmen are the ultimate local rent seekers. Local sheriffs and judges often have weird arrangements with bondsmen, and restrict who is allowed to do the job in exchange for policies that increase profitability."
"There are some people who shouldn't get out of jail pretrial, of course," Fleischman added. "But that should be based on their dangerousness, not their finances. And they should receive quick, fair trials."