Executive Order No. 14340. Measures To End Cashless Bail and Enforce the Law in the District of Columbia

Citation90 FR 42125
Executive Order No.14340
Published date28 August 2025
Date25 August 2025
Pages42125-42126
SectionPresidential Documents
IssuerExecutive Office of the President
Presidential Documents
42125
Federal Register / Vol. 90, No. 165 / Thursday, August 28, 2025 / Presidential Documents
Executive Order 14340 of August 25, 2025
Measures To End Cashless Bail and Enforce the Law in the
District of Columbia
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered:
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 mul-
tiple 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.
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 defend-
ants who pose a threat to public safety and, consistent with section 740
of the District of Columbia Self-Government and Governmental Reorganiza-
tion 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.
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 con-
tinues to maintain a policy or practice of prohibiting cash bail, the head
of each executive department or agency (agency), in coordination with the
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Federal Register / Vol. 90, No. 165 / Thursday, August 28, 2025 / Presidential Documents
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 be-
cause 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, con-
sistent with applicable law.
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.
THE WHITE HOUSE,
August 25, 2025.
[FR Doc. 2025–16615
Filed 8–27–25; 11:15 am]
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