President Donald Trump signed a collection of executive orders on Monday that target jurisdictions with cashless bail policies and encourage the Justice Department to prosecute individuals who burn the American flag.
Trump and Attorney General Pam Bondi were careful to note that the flag-burning order was not meant to run afoul of a 1989 Supreme Court decision that narrowly affirmed flag-burning as protected speech under the First Amendment.
During a signing ceremony in the Oval Office, Trump made the completely baseless claim that flag-burning is causing widespread riots.
“All over the country, they’re burning flags. All over the world, they burn the American flag,” Trump said.
“As you know, through a very sad court, I guess it was a 5-4 decision, they called it ‘freedom of speech,’” Trump said, referencing the 1989 Texas v. Johnson ruling.
“But there’s another reason which is perhaps much more important — it’s called death,” Trump said. “Because what happens when you burn a flag is the area goes crazy. If you have hundreds of people, they go crazy.”
“When you burn the American flag, it incites riots at levels we’ve never seen before,” he said.
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The text of the order suggests that the Justice Department will consider whether destruction of the American flag constitutes “violent crimes; hate crimes, illegal discrimination against American citizens, or other violations of Americans’ civil rights; and crimes against property and the peace, as well as conspiracies and attempts to violate, and aiding and abetting others to violate, such laws.”
It also tells the Justice Department to refer specific instances of flag-burning that might violate local law — such as open burning restrictions — to the appropriate local authorities.
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Other executive orders addressed another conservative pet peeve: cashless bail.
Washington, D.C., was among the first places in the country to eliminate cash bail three decades ago due to civil rights concerns. Critics say that cash bail leads to disproportionate negative effects on the poorest individuals, many of whom are people of color, who may lose jobs or housing if they are forced to remain behind bars while charges against them are pending. Wealthy individuals, conversely, have an easier time paying bail and going about their lives while their cases work their way through the courts.
Illinois, New Jersey and New Mexico have also cracked down on cash bail.
One of Trump’s orders allows Bondi to withhold federal funding and grants to jurisdictions around the country with such policies.
The president mocked the lawmakers who support cashless bail, claiming falsely that it results in murderers being released from custody and subsequently skipping town.
Contrary to Trump’s claims, people who commit violent crimes may still be held behind bars until trial, as determined by a judge.
Two other executive orders targeted Washington, D.C., specifically.
One encourages law enforcement officials to hold more people in federal custody instead of local custody, where they could be freed pending trial.
Another directs Defense Secretary Pete Hegseth to further surge personnel to the district, establishing specialized units of National Guard troops to “assist Federal, State and local law enforcement in quelling civil disturbances and ensuring the public safety and order.”
The directive provides further evidence that Trump will try to crack down on supposed crime in other major metropolitan areas, such as Chicago, by sending in the National Guard.