Washington, DC ( April 29, 2025) – The National Association of Criminal Defense Lawyers (NACDL) expressed deep concern regarding the Executive Order titled "Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens," cautioning that several of its proposals represent a dangerous overreach that undermines these goals by jeopardizing individual rights and the legitimacy of law enforcement in the eyes of the community.
NACDL President Christopher A. Wellborn articulated additional critical concerns: "To be sure, all Americans desire safe communities, and law enforcement officers deserve our support in their difficult and often dangerous work. However, this Executive Order contains deeply troubling proposals that, in their pursuit of these aims, risk undermining the very principles of justice and fairness they purport to uphold, thereby eroding the very community safety and trust in police that are so vital. We are particularly alarmed by the apparent attempt within this order to undermine the crucial civil rights protections afforded by 42 U.S.C. § 1983, which allows individuals to seek redress for constitutional violations by state and local officials. The assertion that law enforcement requires blanket indemnification ignores the fact that law enforcement officers already operate under significant legal protections that ordinary citizens do not enjoy. Blanket indemnification against liability for misconduct has a proven track record of encouraging rogue behavior. Furthermore, the administration's framing of law enforcement as victims in this context is deeply concerning and overlooks the substantial power and authority they wield. The provision facilitating the transfer to police of military equipment designed for battlefield use is a dangerous development with profound implications for the rights and safety of our citizenry."
Wellborn then pivoted to other specific dangers: "The call to increase prison capacity, particularly at a time when violent crime rates have seen historic declines, suggests a punitive approach that flies in the face of evidence-based solutions and risks exacerbating the already devastating impact of mass incarceration. Furthermore, the emphasis on increased 'aggressiveness' and the further militarization of police, despite research indicating its counterproductive effects on community relations and even crime rates, is a recipe for escalating tensions and eroding trust. From the perspective of criminal defense lawyers, we see the human cost of such policies in overzealous enforcement and the trampling of individual liberties, actions that ultimately undermine the legitimacy of law enforcement in the eyes of the community."
NACDL Executive Director Lisa M. Wayne focused on the threats to accountability and the rule of law, including the potential coercion of the legal profession: "The explicit targeting of consent decrees, which aim to lower crime and foster trust between police and the communities they serve, is a reckless abandonment of strategies that work. To dismiss these as mere 'legal handcuffs' reveals a fundamental misunderstanding of the crucial role of constitutional safeguards in ensuring justice and preventing abuse. The vague but ominous targeting of 'obstruction' of law enforcement duties raises the specter of potential overreach that could chill legitimate advocacy and oversight. The provision of legal resources specifically for officers accused of wrongdoing, particularly when coupled with the weakening of accountability mechanisms, also raises a serious concern about the potential for this administration to exert pressure, implicit or explicit, on law firms to provide pro bono representation in defense of police misconduct, even in cases where officers seek impunity for overreach and abuse. This would be an egregious violation of the independence of the defense bar and a profound betrayal of the pursuit of justice for all."
Wayne continued, "The cumulative effect of these proposals – from increased militarization and a push for greater punitiveness to the dismantling of accountability measures and the chilling effect on oversight, coupled with the potential coercion of the legal profession – paints a concerning picture. This Executive Order risks creating a system where the rights of individuals are sacrificed in the name of an overly aggressive and unaccountable law enforcement apparatus. While we share the goal of safer communities, we firmly believe that true safety and justice are inextricably linked to upholding constitutional rights and ensuring that law enforcement operates within the bounds of the law, not above it. Encouraging misconduct through a lack of accountability erodes public trust and cooperation necessary for effective policing."
Contacts
Jonathan Hutson, NACDL Senior Director of Public Affairs and Communications, 202-480-5343 or jhutson@nacdl.org
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.
