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CalMatters Finds Trump Lacks Authority to Scrap ‘Cashless Bail’ Despite August Orders

The analysis points to constitutional limits on federal power over state bail practices.

Overview

  • Trump signed two executive orders in August targeting what he calls cashless bail, including one for Washington, D.C. and another aimed at other jurisdictions.
  • CalMatters reports the White House’s 30-day deadline to identify targeted jurisdictions has passed without the promised list.
  • The White House cited a Yolo County study to justify the push, but the report has been criticized and described as methodologically flawed.
  • CalMatters notes research cited by experts finds no evidence that requiring money for release improves pretrial behavior or prevents re-arrest.
  • The piece explains that most defendants pay a nonrefundable fee to bail bond agents, arrests do not trigger loss of posted money, and Illinois has eliminated cash bail statewide.