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EO 14340Executive OrderTrump 47 · R Quiet signal

Executive Order 14340

Measures To End Cashless Bail and Enforce the Law in the District of Columbia

This executive order directs federal law enforcement to hold D.C. arrestees in federal custody and pursue federal charges to circumvent the District's cashless bail policies, and tasks the Attorney General with reviewing MPD policies and determining whether D.C. maintains cashless bail. If the determination is affirmative, all agency heads must identify actions—including federal funding leverage—to pressure D.C. to change its pretrial release policies.

Federal Register Open PDF 90 FR 42125

Impact dates

  1. Agency heads identify pressure actions if determination affirmative

  2. Attorney General determination on D.C. cashless bail policies

Key directives

  • Federal law enforcement shall hold D.C. arrestees in federal custody to fullest extent permissible and pursue federal charges/pretrial detention whenever possible
  • Attorney General shall review MPD General Orders and request Mayor make updates/modifications under D.C. Home Rule Act section 740
  • Attorney General shall determine whether D.C. maintains cashless bail policy/practice for public safety threats; update determination if policies change
  • If cashless bail continues, agency heads shall identify actions to press D.C. to change policies, including federal funding decisions, services, approvals

Who is ordered

Timeline

Immediate

  • Federal law enforcement directed to hold D.C. arrestees in federal custody and pursue federal charges/pretrial detention where possible
  • Attorney General directed to review MPD General Orders and request modifications from D.C. Mayor
  • Attorney General directed to determine whether D.C. maintains cashless bail policies

Near term (90d)

  • Attorney General's determination on D.C. cashless bail policies expected
  • Agency heads to identify appropriate pressure actions in coordination with OMB if determination is affirmative

Long term

  • Potential federal funding decisions and service/approval restrictions affecting D.C. based on bail policy compliance
  • Ongoing monitoring and updated determinations if D.C. changes policies

Risks & tensions

  • Federalism tension: direct federal intervention in D.C. local criminal justice policy via Home Rule Act section 740; potential legal challenge on scope of federal authority over local D.C. governance
  • Civil rights concerns: pretrial detention expansion without individualized bail hearings risks due process and Eighth Amendment challenges
  • Vague 'appropriate actions' and funding leverage creates uncertainty for D.C. budget and services; 'consistent with applicable law' may limit actual leverage
  • D.C. Home Rule Act section 740 allows federal override but its invocation for bail policy is novel and may be contested
Executive Order 14340: Measures To End Cashless Bail and Enforce the Law in the District of Columbia · Executive Orders