This Presidential Action addresses a declared crime emergency in Washington, D.C. It directs Federal agencies to take steps to ensure that dangerous individuals are held in pretrial detention by prioritizing Federal custody and charges, and by influencing the District's policies on cashless bail through funding decisions, services, and reviews.
The Attorney General is tasked with reviewing D.C. Metropolitan Police Department policies and working to change cashless bail procedures.
The order emphasizes the need to enhance public safety while asserting the President's constitutional authority.
Arguments For
Intended Benefit: Enhancing public safety in Washington D.C. by preventing the pretrial release of dangerous individuals.
Evidence Cited: Executive Order 14333 declaring a crime emergency in D.C., highlighting the negative impact of cashless bail on public safety and law enforcement operations.
Implementation Methods: Directing Federal law enforcement agencies to prioritize Federal custody and charges for arrestees, reviewing and modifying D.C. Metropolitan Police Department policies, and leveraging Federal funding and services to pressure D.C. to change its cashless bail policies.
Legal/Historical Basis: The order cites the authority vested in the President by the Constitution and laws of the United States, as well as section 740 of the District of Columbia Self-Government and Governmental Reorganization Act.
Arguments Against
Potential Impacts: Possible strain on the Federal justice system due to increased caseloads and detention needs. Potential for accusations of Federal overreach into local law enforcement.
Implementation Challenges: Difficulty in coordinating across Federal and local agencies, legal challenges to the order's implementation, and potential for unintended consequences affecting non-violent offenders.
Alternative Approaches: Collaborating with D.C. authorities to implement alternative, evidence-based crime reduction strategies, investing in community-based solutions to address root causes of crime.
Unintended Effects: Potential for disproportionate impact on certain demographics, increased financial burdens on the Federal government, and exacerbation of existing tensions between Federal and local authorities.
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
This is the opening statement, asserting the President's legal authority to issue the order based on the U.S. Constitution and laws.
Section 1. Purpose and Policy. As stated in Executive Order 14333 of August 11, 2025 (Declaring a Crime Emergency in the District of Columbia), there is a crime emergency in Washington, D.C., that is impeding the operations and responsibilities of the Federal Government. The District of Columbia government’s pretrial release policies, which include prohibiting cash bail, contribute to the disgraceful conditions referenced in the aforementioned Executive Order, as law enforcement must arrest the same individuals multiple times, and dangerous criminals are sometimes rapidly released. This leaves such criminals free to endanger American citizens visiting our Nation’s capital, Federal workers discharging their duties to our Nation, and citizens of the District of Columbia trying to live their lives safely. It is therefore the policy of my Administration that all necessary and lawful measures be taken to end cashless bail policies and ensure the pretrial detention of any criminal suspect who threatens public safety.
This section establishes the order's purpose: to address the crime emergency in D.C., which is aggravated by cashless bail policies.
It cites a prior executive order declaring the emergency and details the negative consequences of the current system on public safety and government operations.
The Administration aims to end cashless bail to ensure the detention of those who pose a threat.
Sec. 2. Ending Unwarranted Pretrial Release in the District of Columbia. (a) To prevent the release of dangerous suspects based on cashless bail policies, relevant Federal law enforcement agencies and officials who are members of the D.C. Safe and Beautiful Task Force established in Executive Order 14252 of March 27, 2025 (Making the District of Columbia Safe and Beautiful), shall work to ensure that arrestees in the District of Columbia are held in Federal custody to the fullest extent permissible under applicable law, and shall pursue Federal charges and pretrial detention for such arrestees whenever possible, consistent with applicable law, to ensure that criminal defendants who pose a threat to public safety are not released from custody prior to trial.
(b) Further, the Attorney General shall review the Metropolitan Police Department (MPD) General Orders and other policies and practices of the MPD to identify those that may result in pretrial release of criminal defendants who pose a threat to public safety and, consistent with section 740 of the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93-198), shall request that the Mayor of the District of Columbia make such updates and modifications to such orders and policies as the Attorney General determines would be necessary to address the crime emergency and help to ensure public order and safety.
This section outlines actions to prevent the release of dangerous suspects.
Subsection (a) directs Federal law enforcement to hold arrestees in Federal custody and pursue Federal charges whenever possible.
Subsection (b) requires the Attorney General to review and request modifications to D.C. Metropolitan Police Department policies that may lead to the release of dangerous individuals.
This includes utilizing existing legal frameworks for Federal intervention in D.C. matters.
Sec. 3. Measures to End Cashless Bail in the District of Columbia. (a) The Attorney General shall determine whether the District of Columbia continues to maintain a policy or practice of prohibiting cash bail as a potential condition of pretrial release from jail for crimes prosecuted under the Code of the District of Columbia in the Superior Court of the District of Columbia where the arrestee poses a clear threat to public safety and order. Such cases include violent or sexual offenses such as rape, murder, carjacking, and assault, as well as property offenses such as burglary, looting, and vandalism. The Attorney General shall update her determination if the District of Columbia changes its cashless bail policies or practices.
(b) If the Attorney General determines that the District of Columbia continues to maintain a policy or practice of prohibiting cash bail, the head of each executive department or agency (agency), in coordination with the Director of the Office of Management and Budget, shall identify appropriate actions to press the District of Columbia to change its policies with respect to cashless bail. Such actions may include Federal funding decisions or the provision of Federal services or approvals by agency heads, as well as actions the Attorney General identifies as necessary and appropriate because of the emergency conditions based upon which section 740 of the District of Columbia Home Rule Act has been invoked. The head of each agency shall undertake any such actions he or she deems appropriate, consistent with applicable law.
This section focuses on specifically addressing cashless bail in D.C. Subsection (a) mandates the Attorney General to determine if D.C. maintains a cashless bail policy, specifying types of crimes this applies to.
Subsection (b) outlines actions for executive departments to influence policy changes, potentially using incentives like Federal funding or services as leverage.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The costs for publication of this order shall be borne by the Department of Justice.
This section contains general provisions.
Subsection (a) clarifies that the order does not limit the existing authority of government agencies.
Subsection (b) clarifies implementation is subject to the budget.
Subsection (c) states the order does not create new legal rights.
Subsection (d) assigns the publication costs to the Department of Justice.
DONALD J. TRUMP
THE WHITE HOUSE,
August 25, 2025.
Presidential signature and date of issuance.
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This is a standard website posting metadata, not part of the order itself.