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A look at Trump's executive orders on bail and flag burning

MARY LOUISE KELLY, HOST:

President Trump signed an executive order to create specialized National Guard units - units that can be deployed to address public safety in cities across the country. This was one of several executive orders he signed today, while also hosting a major world leader. The orders aim to give him more authority to crack down on domestic crime. NPR's Franco Ordoñez is at the White House. He's following it all. Hi, Franco.

FRANCO ORDOÑEZ, BYLINE: Hey, Mary Louise.

KELLY: Tell me a little bit more about these executive orders and the significance of this law enforcement crackdown.

ORDOÑEZ: Yeah, Trump has been talking about expanding his anticrime efforts for a bit. And here in Washington, of course, he deployed hundreds of National Guard troops and sought to take over the local police. And late last week, he said he would target Chicago next. Well, today he says the U.S. military is ready to go into any city to crack down on crime, but he's also hedging on going into Chicago right now without the support of local leadership, which he does not have.

(SOUNDBITE OF ARCHIVED RECORDING)

PRESIDENT DONALD TRUMP: We may or may not. We may just go in and do it, which is probably what we should do. The problem is, it's not nice when you go in and do it, and somebody else is standing there saying - as we give great results, say, well, we don't want the military yet. They need help badly. Chicago desperately needs help.

ORDOÑEZ: And I'll just note that Trump does not have the same type of authority in Chicago or Illinois as he does here in Washington, D.C., but this is really just the latest example of how he's pushing the bounds of his executive authority.

KELLY: In other news, he also signed orders today on cashless bail and flag burning. That last one - flag burning is protected by the Constitution.

ORDOÑEZ: Yeah. I'll note that the specific order directs the U.S. attorney general to prosecute those who burn or desecrate the flag in any way. Here's how he put it.

(SOUNDBITE OF ARCHIVED RECORDING)

TRUMP: If you burn a flag, you get one year in jail - no early exits, no nothing.

ORDOÑEZ: And you're right - the Supreme Court ruled in 1998 that burning the flag was protected by free speech. And Trump's order actually acknowledges the ruling but argues that these acts can be prosecuted if, quote, "it is likely to incite imminent lawless action." I'll just add that it's a different makeup of the Supreme Court than it was 30 years ago - a much more conservative court.

KELLY: And what about the other one, cashless bail?

ORDOÑEZ: Yeah, cashless bail allows suspects to be released from jail without paying bond or money. Trump argues it creates more violence in a city. It lets dangerous people back on the streets. Today's order is aimed at ending cashless bail in D.C. Trump has criticized other cities for a cashless bail too - like Chicago, like New York - and is pressing Congress for a nationwide ban.

KELLY: And then, Franco, amid all these executive orders, this domestic news. He hosted the new president of South Korea. And there was some tension ahead of that meeting. Explain.

ORDOÑEZ: Yeah, there really was. I mean, ahead of the meeting, Trump painted South Korea as a nation in trouble, posting on social media that there was a, quote, "purge or revolution" taking place in South Korea. He even questioned whether the U.S. could do business with Seoul. But those tensions appeared to cool by the time the meeting happened, as the South Korean leader just showered Trump with praise. I mean, a lot of the talk was actually about North Korean leader Kim Jong Un. The South Korean leader repeatedly flattered Trump, even telling him only he could bring peace to the peninsula.

KELLY: NPR White House correspondent Franco Ordoñez. Thank you, Franco.

ORDOÑEZ: Thank you.

(SOUNDBITE OF ELMIENE SONG, "MARKING MY TIME") Transcript provided by NPR, Copyright NPR.

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Franco Ordoñez
Franco Ordoñez is a White House Correspondent for NPR's Washington Desk. Before he came to NPR in 2019, Ordoñez covered the White House for McClatchy. He has also written about diplomatic affairs, foreign policy and immigration, and has been a correspondent in Cuba, Colombia, Mexico and Haiti.