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.
The Netflix documentary series on Epstein, Filthy Rich, came out back in 2020, but I’m only just watching it now.
In case there’s anyone left in the galaxy who hasn’t seen it yet: you should.
In case there’s anyone left in the galaxy who hasn’t seen it yet: you should.
February 13, 2026 at 2:14 AM
The Netflix documentary series on Epstein, Filthy Rich, came out back in 2020, but I’m only just watching it now.
In case there’s anyone left in the galaxy who hasn’t seen it yet: you should.
In case there’s anyone left in the galaxy who hasn’t seen it yet: you should.
“The Constitution does not permit the government to arrest thousands of individuals and then disregard their constitutional rights because it would be too challenging to honor those rights.”
BREAKING: Judge Nancy Brasel, a Trump appointee, has issued a TRO in the Minnesota access-to-counsel case about treatment at Whipple.
"It appears that in planning for Operation Metro Surge, the government failed to plan for the constitutional rights of its civil detainees."
"It appears that in planning for Operation Metro Surge, the government failed to plan for the constitutional rights of its civil detainees."
February 13, 2026 at 12:24 AM
“The Constitution does not permit the government to arrest thousands of individuals and then disregard their constitutional rights because it would be too challenging to honor those rights.”
Here’s that passage from the ethics opinion
February 12, 2026 at 11:28 PM
Here’s that passage from the ethics opinion
Reposted by Matthew Stiegler
New: Federal judges may advocate for greater security and defend colleagues against "illegitimate" attacks and criticism that risk undermining judicial independence or the rule of law, according to a new judicial ethics opinion. www.reuters.com/legal/govern...
US judges may speak out against 'illegitimate' criticism, ethics panel says
U.S. federal judges may advocate for greater security and defend colleagues against "illegitimate" attacks and criticism that risk undermining judicial independence or the rule of law, according to a ...
www.reuters.com
February 12, 2026 at 11:18 PM
New: Federal judges may advocate for greater security and defend colleagues against "illegitimate" attacks and criticism that risk undermining judicial independence or the rule of law, according to a new judicial ethics opinion. www.reuters.com/legal/govern...
Reposted by Matthew Stiegler
The rejection of the policy has been overwhelming — and driven by judges of all ideologies. While the 28 judges who have backed the admin’s view are, with a few exceptions, Trump appointees.
www.politico.com/news/2026/02...
www.politico.com/news/2026/02...
February 12, 2026 at 10:09 PM
The rejection of the policy has been overwhelming — and driven by judges of all ideologies. While the 28 judges who have backed the admin’s view are, with a few exceptions, Trump appointees.
www.politico.com/news/2026/02...
www.politico.com/news/2026/02...
Reposted by Matthew Stiegler
NEW: We’re publishing a full list of the 373 federal judges who have ruled against ICE’s mass detention policy and the 28 who have endorsed it — as well as links to key rulings by each.
Trump appointees have split 44 against/ 20 for the policy.
www.politico.com/news/2026/02...
Trump appointees have split 44 against/ 20 for the policy.
www.politico.com/news/2026/02...
February 12, 2026 at 10:01 PM
NEW: We’re publishing a full list of the 373 federal judges who have ruled against ICE’s mass detention policy and the 28 who have endorsed it — as well as links to key rulings by each.
Trump appointees have split 44 against/ 20 for the policy.
www.politico.com/news/2026/02...
Trump appointees have split 44 against/ 20 for the policy.
www.politico.com/news/2026/02...
Reposted by Matthew Stiegler
Why tough man scared?
Trump nominated a legit white nationalist to a top post at the State Department. I asked him some basic questions about his belief in the “erasure of white culture”. Watch this embarrassing, fumbling answer. Like he has never before been asked to explain his views.
February 12, 2026 at 9:27 PM
Why tough man scared?
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.