Matthew Stiegler
@matthewstiegler.bsky.social
Appellate lawyer, president of Third Circuit Bar Association, former prosecutor, fellow of American Academy of Appellate Lawyers. Boring until fascism.
Views here: just mine.
Views here: just mine.
Pinned
🧵 Authoritarianism, Democratization, and Coalition Politics.
The consensus around here is, more or less, that the United States is currently a consolidating authoritarian regime controlled by a mix of reactionary populists and fascists.
The consensus around here is, more or less, that the United States is currently a consolidating authoritarian regime controlled by a mix of reactionary populists and fascists.
We lose it all if we don’t unite in time.
If you’re interested in understanding the federal judiciary better, here’s a journalist doing consistently valuable work.
February 12, 2026 at 6:41 PM
If you’re interested in understanding the federal judiciary better, here’s a journalist doing consistently valuable work.
Reposted by Matthew Stiegler
Ultra-MAGA Judge Edith Jones of the 5th Circuit peddles deranged conspiracy theories about mass voter fraud and "ballot harvesting," declaring that mail voting "is a rich field for fraud" that's frequently exploited by "operatives" attempting to steal elections. www.ca5.uscourts.gov/opinions/pub...
![Following the electoral chaos caused by the COVID pandemic,
Texas modernized its election security laws. S.B. 1 aimed to make “the
conduct of elections . . . uniform and consistent throughout [the]
state[,] . . . reduce the likelihood of fraud in the conduct of elections, protect
the secrecy of the ballot, promote voter access, and ensure that all legally cast
ballots are counted.” Tex. Elec. Code § 1.0015. Because “the potential
and reality of fraud is much greater in the mail-in ballot context than with inperson voting,” S.B. 1 added additional election integrity provisions to
prevent mail ballot fraud. Veasey v. Abbott, 830 F.3d 216, 239 (5th Cir. 2016)
(en banc). Mail ballots are more susceptible to fraud because they render
election workers incapable of knowing what happens to the ballot once it is
mailed out. Due to the inherent vulnerability of mail ballots, “[f]raud is a real
risk that accompanies mail-in voting.” Brnovich v. Democratic Nat’l Comm.,
594 U.S. 647, 686, 141 S. Ct. 2321, 2348 (2021). In particular, “[v]ote buying
schemes are far more difficult to detect when citizens vote by mail.” Id. at
685, 141 S. Ct. at 2347 (quoting Report of the Comm’n on Fed. Election
Reform, Building Confidence in U.S. Elections 46 (Sept. 2005)).](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:6h7b2i6ttw3l4t7pvbvxdith/bafkreic5uwmtwbnt53dr6x5i7gch7x4fan6cbt6ywnyafhtl3the7qpjd4@jpeg)
![One particularly common form of “mail ballot fraud” is known as
“vote harvesting.” Vote harvesting describes a process whereby paid
election operatives “generate applications for mail ballots in . . . targeted
precincts.” Operatives often go door-to-door, talk to voters, and get them to
sign up to vote by mail. More nefariously, vote harvesting can also be
accomplished by paid operatives forging applications for voters without the
voters’ knowledge or consent. Later, once the voters receive the mail ballots
that were requested by canvassing or by forgery, the same partisan operatives
return to collect the voters’ completed mail ballots. As part of the ballot
collection process, the partisan operatives ensure that the ballots were cast
for a particular candidate.
Unsurprisingly, mail-in voting is a rich field for fraud. Between 2004
and 2021, 72% of all election prosecutions undertaken by the Texas Attorney
General involved mail ballot fraud. “[I]t should go without saying that a State
may take action to prevent election fraud.” Id. at 686, 141 S. Ct. at 2348.
Faced with evidence of mail ballot fraud, Texas enacted S.B. 1, which
contained multiple provisions to address mail ballot fraud.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:6h7b2i6ttw3l4t7pvbvxdith/bafkreiezavaobhc6uyymcnwkbl45gvxs42id3yecrb2myvunggrswfaxki@jpeg)
February 12, 2026 at 6:18 PM
Ultra-MAGA Judge Edith Jones of the 5th Circuit peddles deranged conspiracy theories about mass voter fraud and "ballot harvesting," declaring that mail voting "is a rich field for fraud" that's frequently exploited by "operatives" attempting to steal elections. www.ca5.uscourts.gov/opinions/pub...
Reposted by Matthew Stiegler
PS/ I have given and received recommendations for countless women over the 30+ years of my career. I've never included a comment on the attractiveness of a candidate in my recommendations, nor have I ever received such a recommendation.
Gerlertner's conduct should not be excused as "how men act".
Gerlertner's conduct should not be excused as "how men act".
February 12, 2026 at 5:54 PM
PS/ I have given and received recommendations for countless women over the 30+ years of my career. I've never included a comment on the attractiveness of a candidate in my recommendations, nor have I ever received such a recommendation.
Gerlertner's conduct should not be excused as "how men act".
Gerlertner's conduct should not be excused as "how men act".
One reason is that real judges despise appearing partisan, so they are more comfortable speaking directly when doing so doesn’t risk creating that appearance.
A weird thing I've noticed is that W. Bush District Court appointees tend to be more willing to openly oppose the administration than Obama appointees and I'm generally unclear as to why.
BREAKING: Judge Leon *rejects* Secretary Hegseth's bid to punish Sen. Kelly for advising troops to ignore illegal orders. ecf.dcd.uscourts.gov/cgi-bin/show...
February 12, 2026 at 5:57 PM
One reason is that real judges despise appearing partisan, so they are more comfortable speaking directly when doing so doesn’t risk creating that appearance.
Nice work, Anthony Kennedy.
It's astonishing to see this data in chart form:
February 12, 2026 at 5:25 PM
Nice work, Anthony Kennedy.
Reposted by Matthew Stiegler
Alito is also the most partisan justice on the bench—yes, more so than Thomas. He sees polls sagging for Republicans and will be worried about Democrats taking the Senate in 2026. He always does what's best for the Republican Party. He knows the safest choice is to step down before the midterms.
February 12, 2026 at 4:02 PM
Alito is also the most partisan justice on the bench—yes, more so than Thomas. He sees polls sagging for Republicans and will be worried about Democrats taking the Senate in 2026. He always does what's best for the Republican Party. He knows the safest choice is to step down before the midterms.
Actually, John Oates.
Wishfully, Edwin Kneedler.
Wishfully, Edwin Kneedler.
February 12, 2026 at 3:57 PM
Actually, John Oates.
Wishfully, Edwin Kneedler.
Wishfully, Edwin Kneedler.
Most people forget, Congress enacted major bipartisan campaign finance reform legislation in 2002 to protect democracy against this. Congress! Co-sponsored by McCain, signed by Bush.
The Supreme Court dismantled it.
The Supreme Court dismantled it.
“When Citizens United was decided in 2010, billionaires had spent $18 million on the 2000 election, $13M 2004 and $16M in 2008. Then came the deluge. In 2012 it was $231M, and nearly doubled again in next three election cycles —to $682M in 2016, $1.2 billion in 2020 and $2.6 billion in 2024.” Gift:
Opinion | Affordability and the ‘Epstein Class’ Will Define American Politics
www.nytimes.com
February 12, 2026 at 3:06 PM
Most people forget, Congress enacted major bipartisan campaign finance reform legislation in 2002 to protect democracy against this. Congress! Co-sponsored by McCain, signed by Bush.
The Supreme Court dismantled it.
The Supreme Court dismantled it.
Reposted by Matthew Stiegler
WV Secretary of State announces he will follow the law, and in doing so becomes the first state Republican since Trump retook office to say he will break with the administration.
WV Secretary of State Kris Warner says he will not release protected personal voter information to U.S. Department of Justice
The mission of the Office of Secretary of State is to enhance commerce, ensure integrity of the electoral process, and to preserve certain historical documents essential to our State while providing p...
sos.wv.gov
February 12, 2026 at 2:42 PM
WV Secretary of State announces he will follow the law, and in doing so becomes the first state Republican since Trump retook office to say he will break with the administration.
Reposted by Matthew Stiegler
This is all due to the incredible resistance of the people of Minnesota.
Their resilience - and their determination - helped enforce the Constitution in a way that political elites in Congress and the courts did not or could not.
Their resilience - and their determination - helped enforce the Constitution in a way that political elites in Congress and the courts did not or could not.
!!! BREAKING: Border czar Tom Homan announces ICE's surge in Minnesota will conclude.
February 12, 2026 at 2:23 PM
This is all due to the incredible resistance of the people of Minnesota.
Their resilience - and their determination - helped enforce the Constitution in a way that political elites in Congress and the courts did not or could not.
Their resilience - and their determination - helped enforce the Constitution in a way that political elites in Congress and the courts did not or could not.
Reposted by Matthew Stiegler
In today's @nytimes.com, I explain why we should take Trump's recent threat to "take over" elections seriously and how we can fight back against his attempts to undermine democracy.
Opinion | Trump Can’t Cancel Elections. He Could Undermine Them.
www.nytimes.com
February 12, 2026 at 1:09 PM
In today's @nytimes.com, I explain why we should take Trump's recent threat to "take over" elections seriously and how we can fight back against his attempts to undermine democracy.
Reposted by Matthew Stiegler
How did we end up with a MAGA U.S. attorney in Missouri successfully shepherding a ridiculous search warrant past a magistrate judge to seize six-year-old ballots? www.democracydocket.com/opinion/two-...
Two cases and the grease that breaks democracy
The obvious lesson many are drawing is that ordinary citizens are more reliable protectors of democracy than judges in black robes.
www.democracydocket.com
February 12, 2026 at 1:45 PM
How did we end up with a MAGA U.S. attorney in Missouri successfully shepherding a ridiculous search warrant past a magistrate judge to seize six-year-old ballots? www.democracydocket.com/opinion/two-...
I’ve only seen this from a few rando accounts here, but it’s worth saying:
Don’t post a judge’s contact info. Don’t contact a judge about a ruling you read about.
Judges are not representatives. “Guys let’s flood them with calls and emails!” is a remarkably terrible idea.
Block anyone doing it.
Don’t post a judge’s contact info. Don’t contact a judge about a ruling you read about.
Judges are not representatives. “Guys let’s flood them with calls and emails!” is a remarkably terrible idea.
Block anyone doing it.
February 12, 2026 at 1:38 PM
I’ve only seen this from a few rando accounts here, but it’s worth saying:
Don’t post a judge’s contact info. Don’t contact a judge about a ruling you read about.
Judges are not representatives. “Guys let’s flood them with calls and emails!” is a remarkably terrible idea.
Block anyone doing it.
Don’t post a judge’s contact info. Don’t contact a judge about a ruling you read about.
Judges are not representatives. “Guys let’s flood them with calls and emails!” is a remarkably terrible idea.
Block anyone doing it.
Reposted by Matthew Stiegler
This is something congress can fix and must fix.
It's real simple. Pass a law that says "in immigration cases, a habeas petition may be brought in the district of arrest of brought within 3 months of the initial arrest"
It's real simple. Pass a law that says "in immigration cases, a habeas petition may be brought in the district of arrest of brought within 3 months of the initial arrest"
So it’s a race: how quickly can a person’s family realize they were snatched and find a lawyer, and how quickly can that lawyer get a habeas petition of file? And is that faster than ICE can load the detainee on a plane to Texas?
It’s exhausting and terrifying. It can be life and death.
18/
It’s exhausting and terrifying. It can be life and death.
18/
February 12, 2026 at 12:41 PM
This is something congress can fix and must fix.
It's real simple. Pass a law that says "in immigration cases, a habeas petition may be brought in the district of arrest of brought within 3 months of the initial arrest"
It's real simple. Pass a law that says "in immigration cases, a habeas petition may be brought in the district of arrest of brought within 3 months of the initial arrest"
Reposted by Matthew Stiegler
A Trump loyalist, John Sarcone, was appointed on an interim basis. His tenure expired & a judge found other efforts to install him unlawful. The judges are by statute allowed to appoint a US attorney if there’s a vacancy like this. So they did. Now that guy has been fired.
bsky.app/profile/bskw...
bsky.app/profile/bskw...
I'm confused
February 12, 2026 at 3:24 AM
A Trump loyalist, John Sarcone, was appointed on an interim basis. His tenure expired & a judge found other efforts to install him unlawful. The judges are by statute allowed to appoint a US attorney if there’s a vacancy like this. So they did. Now that guy has been fired.
bsky.app/profile/bskw...
bsky.app/profile/bskw...
Imagine being the magistrate judge who signed off on that warrant, reading this.
I called up one of the White House "special government employees" linked to the Fulton County ballot seizure.
I ended up on the phone for nearly two hours.
It got weird. talkingpointsmemo.com/news/meet-th...
I ended up on the phone for nearly two hours.
It got weird. talkingpointsmemo.com/news/meet-th...
Meet the ‘Cabal’-Hating ‘Special Government Employee’ Involved in the Fulton County FBI Raid
Clay Parikh unloaded in a nearly two hour conversation with TPM.
talkingpointsmemo.com
February 12, 2026 at 3:15 AM
Imagine being the magistrate judge who signed off on that warrant, reading this.
Reposted by Matthew Stiegler
My god, this thread by a Minnesota lawyer who handling pro bono cases for DHS detainees is horrifying. DOJ's complicity in ignoring court orders shouldn't be shocking anymore yet somehow it still is.
I don’t really know what I expect in posting this, but maybe some people see it and can learn from it.
I’ll call it “lessons from an unwilling immigration attorney.”
1/
I’ll call it “lessons from an unwilling immigration attorney.”
1/
February 11, 2026 at 11:24 PM
My god, this thread by a Minnesota lawyer who handling pro bono cases for DHS detainees is horrifying. DOJ's complicity in ignoring court orders shouldn't be shocking anymore yet somehow it still is.
I just noticed who signer #1 was on the ‘believe us, Bondi is going to be such a dandy AG’ DOJ-alums letter that I’ve been shaking my little fist about
February 11, 2026 at 11:16 PM
I just noticed who signer #1 was on the ‘believe us, Bondi is going to be such a dandy AG’ DOJ-alums letter that I’ve been shaking my little fist about
The braying desperation of today’s performance by Bondi is more reason for optimism.
Pardon a moment of cheery optimism, but this seems like a good sign.
The White House just sent a "Don't Panic" email. That'll do it
February 11, 2026 at 11:04 PM
The braying desperation of today’s performance by Bondi is more reason for optimism.
Here is the opening and conclusion of the Third Circuit’s opinion that RNC seeks cert from.
February 11, 2026 at 10:12 PM
Here is the opening and conclusion of the Third Circuit’s opinion that RNC seeks cert from.
Reposted by Matthew Stiegler
🚨BREAKING: The RNC just filed a new cert petition asking the Supreme Court to reverse a 3rd Circuit's decision that struck down a Pennsylvania law that disqualified undated and misdated ballots. www.democracydocket.com/cases/pennsy...
🚨 Eakin v. Adams County Board of Elections
Learn more here.
www.democracydocket.com
February 11, 2026 at 9:50 PM
🚨BREAKING: The RNC just filed a new cert petition asking the Supreme Court to reverse a 3rd Circuit's decision that struck down a Pennsylvania law that disqualified undated and misdated ballots. www.democracydocket.com/cases/pennsy...
Reposted by Matthew Stiegler
In today's The Ethicist: Is it wrong to steal a pet dog from a 4-year-old orphan who's devastated by his parent's murder-suicide, and who lost the dog during Hurricane Katrina, and who begs you to give him back his dog?
February 11, 2026 at 9:12 PM
In today's The Ethicist: Is it wrong to steal a pet dog from a 4-year-old orphan who's devastated by his parent's murder-suicide, and who lost the dog during Hurricane Katrina, and who begs you to give him back his dog?
Ethical prosecutors quitting matters.
U.S. Attorney Jeanine Pirro tapped a dance photographer with very little experience in federal law enforcement to oversee the investigation of six Democratic law makers. That effort tried - and failed - to secure indictments on Tuesday.
news.bloomberglaw.com/us-law-week/...
news.bloomberglaw.com/us-law-week/...
February 11, 2026 at 8:23 PM
Ethical prosecutors quitting matters.