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BumRushDaShow

(160,177 posts) Mon Aug 25, 2025, 11:18 AM Aug 25

Trump signs orders aimed at ending cashless bail, flag burning

Source: msn/Washington Post

46m

President Donald Trump moved on two issues important to his conservative base on Monday, signing executive orders aimed at ending cashless bail across the country and pushing courts to reconsider the legality of burning the American flag. Under cashless bail, a judge can decide to release people accused of crimes before trial without paying money.

One order from Trump directs Attorney General Pam Bondi to identify federal funds that could be suspended or eliminated in states and local jurisdictions with cashless bail policies. He and his administration sees such policies as overly lenient; others view them as central to preventing discrimination in the criminal justice system based on wealth.

Trump instructed specific focus on D.C., where his administration is exerting unprecedented federal control. His order told law enforcement officials to pursue pretrial detention whenever possible and withhold money and federal services if the city continues to allow defendants to be released without posting bail.

The U.S. does not have a single bail system. A patchwork of state laws and local court rules regulate who is eligible for pretrial release and when. The District, for example, has prohibited cash bonds for decades and releases some defendants without requiring any future promise of financial payment.

Read more: https://www.msn.com/en-us/news/politics/trump-to-sign-orders-aimed-at-ending-cashless-bail-flag-burning/ar-AA1Lb7V6

Illegal.

21 replies

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Highlight:

Trump signs orders aimed at ending cashless bail, flag burning (Original Post) BumRushDaShow Aug 25 OP

SCOTUS has ruled that flag burning is protected by the First Amendment twice LetMyPeopleVote Aug 25 #1

"If you want a symbolic gesture . . . Journeyman Aug 25 #2

it'a amazing isn't it? how quickly we slid into nation that is ruled by decree. Javaman Aug 25 #3

Executive Orders are supposed to be "guidance" for HOW the Executive Branch agencies BumRushDaShow Aug 25 #8

I think this is what bothers me most of all. llmart Aug 25 #20

Since fascists have taken over I;m going out of my way breaking laws, as many as I can, its a new hobby ImNotGod Aug 25 #4

But dry humping our flag is still legal, right? Buddyzbuddy Aug 25 #5

So are we going to prosecute the MAGA types who have an oversized flag strapped to the rear of their vehicle where it Yo_Mama_Been_Loggin Aug 25 #6

Or BumRushDaShow Aug 25 #9

Did something that Trump never does... Homework! djacq Aug 25 #7

But laws and rulings mean nothing to the Trump regime. ificandream Aug 25 #11

Also, flag burning is one of the official ways of retiring a flag sakabatou Aug 25 #16

Can we burn the confederate flag? Nope twodogsbarking Aug 25 #10

Hah. Watch me. OldBaldy1701E Aug 25 #18

Post removed Post removed Aug 25 #12

You call yourself alphaswole and were too scared to go to a tourist area? fucking snowflake WhiskeyGrinder Aug 25 #13

Message auto-removed Name removed Aug 25 #14

The tRump regime is the government you've been warning about for years: communist (centralized economy), authoritarian, Bernardo de La Paz Aug 25 #15

right exactly as I say, you're too chickenshit to go outside like a normal person WhiskeyGrinder Aug 25 #17

In this country, a presidential executive order cannot override a Supreme Court ruling. On flag burning, Trump doesn't a LetMyPeopleVote Aug 25 #19

Deadline: Legal Blog--Trump wants to prosecute flag burners. The Supreme Court has already said that's illegal LetMyPeopleVote Aug 26 #21

LetMyPeopleVote

(169,809 posts)

1. SCOTUS has ruled that flag burning is protected by the First Amendment twice

Reply to BumRushDaShow (Original post)

Mon Aug 25, 2025, 11:46 AM

Aug 25

So, like, even if there hadn't been two Supreme Court decisons in living memory directly holding that flag burning is protected under the First Amendment, *new criminal laws cannot be created by executive order.*
— Jacob T. Levy (@jacobtlevy.bsky.social) 2025-08-25T15:25:49.191Z

Journeyman

(15,385 posts)

2. "If you want a symbolic gesture . . .

Reply to BumRushDaShow (Original post)

Mon Aug 25, 2025, 11:51 AM

Aug 25

"If you want a symbolic gesture, don’t burn the flag; wash it.”

— Norman Thomas

Javaman

(64,483 posts)

3. it'a amazing isn't it? how quickly we slid into nation that is ruled by decree.

Reply to BumRushDaShow (Original post)

Mon Aug 25, 2025, 12:11 PM

Aug 25

in a real world, the "executive orders" are merely suggestions and carry virtually no weight, but since congress of morons has abdicated power to the failure in chief, here we are.

BumRushDaShow

(160,177 posts)

8. Executive Orders are supposed to be "guidance" for HOW the Executive Branch agencies

Reply to Javaman (Reply #3)

Mon Aug 25, 2025, 01:16 PM

Aug 25

ARE TO CARRY OUT EXISTING LAWS. They are NOT supposed to be "laws" themselves that bypass the Legislative Branch.

During his first term, he had a pile of nonsensical E.O.s thrown out (including by the SCOTUS).

llmart

(16,818 posts)

20. I think this is what bothers me most of all.

Reply to Javaman (Reply #3)

Mon Aug 25, 2025, 05:50 PM

Aug 25

He's signing thousands of executive orders and will continue to do so. None of them should have any weight at all. Where are the people who are tasked with stopping this?

I wonder when the Dems win the White House if the new President can, on day one, sign and executive order to the effect of "All EO's put in place by the former president are null and void." Signed, Gavin Newsom.

ImNotGod

(1,101 posts)

4. Since fascists have taken over I;m going out of my way breaking laws, as many as I can, its a new hobby

Reply to BumRushDaShow (Original post)

Mon Aug 25, 2025, 12:14 PM

Aug 25

this will just add to my new hobby.

Buddyzbuddy

(1,461 posts)

5. But dry humping our flag is still legal, right?

Reply to BumRushDaShow (Original post)

Mon Aug 25, 2025, 12:22 PM

Aug 25

Yo_Mama_Been_Loggin

(128,678 posts)

6. So are we going to prosecute the MAGA types who have an oversized flag strapped to the rear of their vehicle where it

Reply to BumRushDaShow (Original post)

Mon Aug 25, 2025, 01:01 PM

Aug 25

drags on the ground?

BumRushDaShow

(160,177 posts)

9. Or

Reply to Yo_Mama_Been_Loggin (Reply #6)

Mon Aug 25, 2025, 01:22 PM

Aug 25

djacq

(1,745 posts)

7. Did something that Trump never does... Homework!

Reply to BumRushDaShow (Original post)

Mon Aug 25, 2025, 01:05 PM

Aug 25

United States v. Eichman

"While flag desecration -- like virulent ethnic and religious epithets, vulgar repudiations of the draft, and scurrilous caricatures -- is deeply offensive to many, the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable."

https://supreme.justia.com/cases/federal/us/496/310/

ificandream

(11,364 posts)

11. But laws and rulings mean nothing to the Trump regime.

Reply to djacq (Reply #7)

Mon Aug 25, 2025, 01:29 PM

Aug 25

sakabatou

(45,297 posts)

16. Also, flag burning is one of the official ways of retiring a flag

Reply to djacq (Reply #7)

Mon Aug 25, 2025, 01:56 PM

Aug 25

twodogsbarking

(15,775 posts)

10. Can we burn the confederate flag? Nope

Reply to BumRushDaShow (Original post)

Mon Aug 25, 2025, 01:29 PM

Aug 25

OldBaldy1701E

(9,045 posts)

18. Hah. Watch me.

Reply to twodogsbarking (Reply #10)

Mon Aug 25, 2025, 04:56 PM

Aug 25

Response to BumRushDaShow (Original post)

Name removed Message auto-removed

WhiskeyGrinder

(25,684 posts)

13. You call yourself alphaswole and were too scared to go to a tourist area? fucking snowflake

Reply to Post removed (Reply #12)

Mon Aug 25, 2025, 01:50 PM

Aug 25

Response to WhiskeyGrinder (Reply #13)

Name removed Message auto-removed

Bernardo de La Paz

(58,398 posts)

15. The tRump regime is the government you've been warning about for years: communist (centralized economy), authoritarian,

Reply to Name removed (Reply #14)

Mon Aug 25, 2025, 01:54 PM

Aug 25

constantly restricting freedom of expression, anti-democratic (starting gerrymandering waves), boosting inflation.

Soft doughy manchilds like tRump bring hard times.

WhiskeyGrinder

(25,684 posts)

17. right exactly as I say, you're too chickenshit to go outside like a normal person

Reply to Name removed (Reply #14)

Mon Aug 25, 2025, 01:57 PM

Aug 25

LetMyPeopleVote

(169,809 posts)

19. In this country, a presidential executive order cannot override a Supreme Court ruling. On flag burning, Trump doesn't a

Reply to BumRushDaShow (Original post)

Mon Aug 25, 2025, 05:28 PM

Aug 25

In this country, a presidential executive order cannot override a Supreme Court ruling. On flag burning, Trump doesn't appear to care.

Link to tweet

https://www.msnbc.com/rachel-maddow-show/maddowblog/problems-trumps-radical-new-executive-order-flag-burning-rcna227025

A few weeks after winning the 2016 presidential election, Donald Trump said he was prepared to take American citizenship away from those who burn the American flag, insisting there had to be meaningful “consequences” for such protests, even if the U.S. Supreme Court has already ruled that this is protected speech under the First Amendment.....

In his second term, however, he has apparently decided to take action — or something resembling action. NBC News reported:

Trump signed [an] executive order on Monday aimed at prosecuting people who ‘desecrate’ the American flag, a third fact sheet said. That order, first reported by Fox News, directs Bondi to ‘vigorously prosecute those who violate our laws in ways that involve desecrating the flag, and to pursue litigation to clarify the scope of First Amendment in this area.’

“What the penalty is going to be, if you burn a flag, you get one year in jail — no early exits, no nothing,” the president said, adding: “You will see flag burning stop immediately.”

Trump signs an executive order: "If you burn a flag, you get one year in jail."
— Aaron Rupar (@atrupar.com) 2025-08-25T15:11:52.954Z

......In this country, whether Trump likes it or not, a presidential executive order cannot override a Supreme Court ruling. In this country, whether Trump likes it or not, a president cannot create new criminal statutes — measures that would literally imprison Americans — without Congress.

As The New York Times’ Jamelle Bouie wrote in response to the Republican’s new order, “He literally thinks he is a king. ... This entire media blitz for when he signs executive orders is meant to create the impression that they are royal decrees.”

To the extent that the administration tries to implement this policy, litigation would be inevitable. Whether Trump assumes that the far-right high court would rule differently on the underlying issue than it did 35 years ago is unclear. Watch this space.

LetMyPeopleVote

(169,809 posts)

21. Deadline: Legal Blog--Trump wants to prosecute flag burners. The Supreme Court has already said that's illegal

Reply to BumRushDaShow (Original post)

Tue Aug 26, 2025, 11:02 AM

Aug 26

The president said it was a “very sad court” that previously rejected flag-burning prosecutions on First Amendment grounds.

Link to tweet

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-flag-burning-prosecute-executive-order-supreme-court-rcna227012

During the Oval Office ceremony, the president lamented that a “very sad court” — “I guess it was a 5-4 decision,” he said — “they called it freedom of speech.”

He appeared to be referring to long-standing Supreme Court precedent on the subject. In a 5-4 decision joined by Scalia, the court said in 1989’s Texas v. Johnson: “If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”

The court sided with Gregory Lee Johnson, who burned the flag in 1984 in Dallas during the Republican National Convention. The majority recounted that Johnson participated in a political protest called the “Republican War Chest Tour” against the Reagan administration and “certain Dallas-based corporations.” The majority said Johnson was convicted for “expressive conduct” and that he “did not threaten to disturb the peace.” It said the state’s interest in “preserving the flag as a symbol of nationhood and national unity” couldn’t justify his prosecution......

With that background in mind, let’s take a closer look at the new executive order.

While its performative political aspect is clear, a notable legal aspect is the degree to which it acknowledges the limits of Trump’s power in this area. Though the order instructs the attorney general to prioritize law enforcement actions against flag-burning, it caveats these instructions by saying to do so in ways “consistent with the First Amendment” and “to the maximum extent permitted by the Constitution.”

In other words: Do everything you can, except where you can’t. It’s unclear where that leaves any enforcement actions in reality.

So, the order’s legal effect is fairly limited by its own terms, putting aside whatever chilling practical effect it might have on people’s conduct — something that can’t be ignored these days.

By its own terms, trump's latest executive order is subject to the First Amendment. This is simply a stunt by trump that has no real legal effect.

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