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President Trump's crackdown on crime is now going after cashless bail. The president signed an executive order that threatens to pull federal funding from cities that don't eliminate such policies. CNN's Brianna Keilar talks about the move with civil rights attorney Robyn Sanders. #CNN #News

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00:00President Trump's crackdown on crime is now going after cashless bail.
00:05Today, the president signed an executive order that threatens to pull federal funding from cities that don't eliminate such policies.
00:12Among those cities is the nation's capital.
00:17One of the executive orders has to do with cashless bail.
00:21That was when the big crime in this country started.
00:24And I can tell you who did it, when, but I don't want to do that.
00:30Because others followed pretty quickly.
00:32But that was when it happened.
00:34Somebody kills somebody, they go in, don't worry about it, no cash, come back in a couple of months, we'll give you a trial.
00:39You never see the person again.
00:40And this isn't Republican, Democrat.
00:42This is, and by the way, most Democrats agree with us.
00:45But this is just, we got to bring our country back.
00:49Let's talk about this with civil rights attorney Robin Sanders, who was a federal public defender.
00:54Robin, Trump says cashless bail, that was when the big crime in this country started.
01:00They'd kill someone and get out.
01:01Can you tell us how cashless bail impacts crime?
01:09Sure.
01:10So I think it's important for your viewers to understand that cashless bail, also known as no cash bail,
01:15is a system where judges will allow individuals to be released before trial
01:19and not condition that on their ability to pay a sum of money.
01:23And what typically happens is that the judge will engage in a risk assessment analysis
01:28and look at various factors like whether the person poses a flight risk
01:32or whether they are a danger to the community before determining if they should be released before trial.
01:38And the impetus for this is rooted in civil rights concerns, Brianna.
01:42Proponents of this policy say that if you don't have it in existence,
01:46what you'd have is a two-tiered system where wealthy individuals who are charged with the same offense
01:51will be able to be released pretrial, but indigent individuals in this country,
01:56disproportionately African Americans and people of color,
01:58would have to remain in prison or in jail before their trial.
02:02So under threat of losing federal funding, we've seen many entities and jurisdictions
02:07enacting policies that otherwise they would not enact.
02:11Do you expect this to work?
02:12And if so, what's the effect of that going to be?
02:17So I think that it's important to understand that part of the order is national in scope.
02:22So it authorizes the U.S. Attorney General Pam Bondi to identify jurisdictions that implement this policy
02:28and see whether or not there are federal funding streams that could be withheld
02:32or revoked, and then, of course, targeting D.C. specifically.
02:36And essentially, that would allow the police to preferentially charge suspects under federal law,
02:42thereby bypassing that procedure.
02:43So I think what we will need to look at is to see whether states or jurisdictions
02:48will comply with the order, you know, in order to prevent themselves from losing federal funding.
02:55So I know you come at this from a defender's perspective,
02:59and you have a lot of experience with a number of cases,
03:02but you also know that there are people who are incredibly worried about crime and public safety,
03:08even as we, for instance, in D.C. have seen numbers go down recently.
03:11The administration is certainly playing to those concerns.
03:15How should those concerns be addressed?
03:20So I think it's important for people to understand that even in places where cashless bails,
03:26the system is being implemented and used, judges are still required to engage in a risk assessment analysis.
03:33So in addition to determining whether someone is a flight risk,
03:37judges also look to see whether the individual does pose a significant threat or danger to the community
03:43before making a decision about whether they would be released pretrial.
03:47So it's important for people to understand that even in jurisdictions where this system is adopted,
03:53judges are still tasked with making sure that the individual
03:56who is wanting the benefit of the cashless bail policy doesn't pose a significant risk or danger to the community.
04:03And if they are determined to pose that risk,
04:05then the judge will consign them to jail as they await their trial proceeding.
04:10So it's a factor that judges consider.
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