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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.

8,054 Followers  |  1,111 Following  |  5,830 Posts  |  Joined: 10.07.2023
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Posts by Matthew Stiegler (@matthewstiegler.bsky.social)

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Trump Has Been Sued 198 Times for Withholding Funding. It Hasn’t Stopped Him. (Gift Article) Immigration demands for highway dollars, D.E.I. rules for homeless grants: how Trump has tried to wield spending to get his way.

We've been tracking nearly 200 lawsuits against the Trump administration over its attempts to leverage federal funding to impose the president's agenda.

The most startling pattern: The administration seems entirely undeterred when it loses in court.
www.nytimes.com/interactive/...

04.03.2026 13:50 β€” πŸ‘ 375    πŸ” 180    πŸ’¬ 19    πŸ“Œ 15

Early support for Bush’s Iraq invasion was over 70%.

05.03.2026 00:11 β€” πŸ‘ 12    πŸ” 1    πŸ’¬ 2    πŸ“Œ 0

Trump Tariff

Judges Refund

04.03.2026 23:58 β€” πŸ‘ 15    πŸ” 3    πŸ’¬ 1    πŸ“Œ 0

Didn’t

04.03.2026 23:50 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Both deeply conservative.

04.03.2026 23:20 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

The car salesman fought in the Battle of the Bulge, and for the rest of *his* life he woke up with screaming nightmares about the goddamn Germans coming over the hill.

04.03.2026 23:09 β€” πŸ‘ 10    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

One a mail carrier, the other a car salesman.

In his youth, the mail carrier once went to a tryout the Phillies held at Connie Mack Stadium for pitchers, and for the rest of his life the family called him β€œCy,” for Cy Young.

04.03.2026 23:05 β€” πŸ‘ 14    πŸ” 0    πŸ’¬ 2    πŸ“Œ 0
"But when the same mistakes happen over and over again - the picture can start to look different," he wrote. "What looks like inadvertence (when it happens once) might begin to inch closer to looking intentional (when it happens more than once a week)."
Farbiarz's opinion orders an extraordinary remedy for prosecutors in all of the judge's immigration-habeas cases - those in which a detained immigration challenges their detention
- where Farbiarz issues a no-transfer order.
Prosecutors will be required to sign a declaration, under penalty of perjury, that they have received the injunction, conveyed it to ICE, and provided ICE with written legal advice on the agency's obligation to comply with the order.
And ICE will be required to sign a second declaration confirming it received the injunction and has received written legal advice from prosecutors on its obligation to comply with the order.
"Requiring declarations is intrusive. But it is a narrowly-tailored way to address the precise problem before the Court - of ensuring going-forward compliance with judicial no-transfer orders," Farbiarz wrote.

"But when the same mistakes happen over and over again - the picture can start to look different," he wrote. "What looks like inadvertence (when it happens once) might begin to inch closer to looking intentional (when it happens more than once a week)." Farbiarz's opinion orders an extraordinary remedy for prosecutors in all of the judge's immigration-habeas cases - those in which a detained immigration challenges their detention - where Farbiarz issues a no-transfer order. Prosecutors will be required to sign a declaration, under penalty of perjury, that they have received the injunction, conveyed it to ICE, and provided ICE with written legal advice on the agency's obligation to comply with the order. And ICE will be required to sign a second declaration confirming it received the injunction and has received written legal advice from prosecutors on its obligation to comply with the order. "Requiring declarations is intrusive. But it is a narrowly-tailored way to address the precise problem before the Court - of ensuring going-forward compliance with judicial no-transfer orders," Farbiarz wrote.

New Jersey federal judge Michael Farbiarz has threatened criminal contempt against ICE and ordered a very unusual remedy as an intermediate step: requiring both DOJ and ICE to certify receipt of his orders under oath newjerseymonitor.com/2026/03/03/j...

04.03.2026 22:12 β€” πŸ‘ 201    πŸ” 57    πŸ’¬ 3    πŸ“Œ 1

Only Fetterman.

04.03.2026 22:39 β€” πŸ‘ 18    πŸ” 4    πŸ’¬ 1    πŸ“Œ 0

It’s quite a signal, for sure

04.03.2026 22:22 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0
Preview
The great torpedo scandal, 1941-43 - War History Mark 14 torpedo’s side view and interior mechanisms, published in β€œTorpedoes Mark 14 and 23 Types, OP 635”, March 24, 1945

There’s a fascinating rabbit hole you can down for the dawn of this technology.

warhistory.org/@msw/article...

04.03.2026 22:19 β€” πŸ‘ 5    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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Trump Has Been Sued 198 Times for Withholding Funding. It Hasn’t Stopped Him. (Gift Article) Immigration demands for highway dollars, D.E.I. rules for homeless grants: how Trump has tried to wield spending to get his way.

An important piece showing that losses in court haven’t stopped Trump from seizing Congress’s spending power and targeting dissenters and β€œblue states.”

www.nytimes.com/interactive/...

04.03.2026 11:30 β€” πŸ‘ 214    πŸ” 127    πŸ’¬ 5    πŸ“Œ 7

*kids’

04.03.2026 21:51 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

A wonderful book that’s within arm’s reach whenever I’m trying to do real writing.

Like it so much I gave my kid the kid’s edition.

04.03.2026 21:47 β€” πŸ‘ 8    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Reprimanded for having a staffer impersonate her at a hearing, and publicly admonished for acting in cases where she’d recused. Oof.

04.03.2026 21:38 β€” πŸ‘ 4    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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"You are the secretary of DHS -- for now," says Balint. "You think you're immune from accountability. But I promise you this: one day, he is not going to be president anymore."

"When that day comes, we will still be here... and in hearings like this, we are going to continue to prove your guilt." πŸ”₯

04.03.2026 20:43 β€” πŸ‘ 162    πŸ” 34    πŸ’¬ 3    πŸ“Œ 1

Saying β€œwar” makes them feel tougher and manlier, and, when it comes down to it, they care about that feeling more than they care about being caught violating any law.

04.03.2026 20:39 β€” πŸ‘ 8    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0

Love this: β€œInstead of Googling Epstein, Aaronson, then 29, turned to what he considered an even more reliable source: his mother... β€˜Be careful not to get sucked up in the slime-machine going on here,’ she wrote back, adding, β€˜Since you don’t care that much about money, they can’t buy you.’”

04.03.2026 20:30 β€” πŸ‘ 38    πŸ” 13    πŸ’¬ 0    πŸ“Œ 0

Ah. Thanks!

04.03.2026 20:08 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

... whether it means what I say it means or not. Like, if a statute says "cherries," then it definitely applies to regular cherries, and maybe it applies to fake sundae cherries, but the fact that it might apply to the latter also doesn't make it ambiguous as to the former. I'd argue same here.

04.03.2026 20:05 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

I find plausible your point that the "and in the same manner" language might have the effect of preventing a state from applying its rules one way against other lawyers and in a different, harsher way against government lawyers. But, to me, whether the text means that *too* doesn't answer ...

04.03.2026 20:05 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

some *found

04.03.2026 19:42 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Anyhow, I appreciate the civil exchange.

I have a terrible new idea, if I'm ever a judge (which I shan't be) I'm going to tell the lawyers to go hash out the key issues on bluesky, because this seemed quite illuminating. Not least because I suspect some either position more convincing in the end.

04.03.2026 19:40 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

... in other forms under the statutory text. My position is simply that the text forecloses DOJ from saying states can't investigate disciplinary issues against DOJ lawyers until DOJ says so, bc it says govt attorneys are subject to state disciplinary rules in the same manner as other attorneys.

04.03.2026 19:27 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

I agree with you to the extent you're saying there are sound policy reasons why you'd want DOJ to have some ability to prevent a bad-faith state actor from interfering with their work. Based on the past, based on readily envisionable what-ifs. And maybe I'd agree that flexibility survives ...

04.03.2026 19:24 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

And also I think that interpretation would read "in the same manner" out of the statute, no?

04.03.2026 19:17 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

But that doesn't seem coherent to me. The law says they're subject to the same rules in the same manner. The rules don't just say "a lawyer can do this, can't do this," the rules also define the process, how investigation happens. So to me the text forecloses DOJ asserting it gets to enforce instead

04.03.2026 19:11 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 2    πŸ“Œ 0

Conversely, a statute that says in effect, "DOJ must do X, but the only ones who get to decide if DOJ did X is DOJ" would (a) be a strange law, and (b) one I'd expect to be worded differently than this was.

04.03.2026 19:04 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

I hear you. I imagine that'd be argued if this gets litigated. To me, the plain meaning of that provision is along the lines of, "if you've got any rules to the contrary, you better change them and the AG is the one who better do it."

04.03.2026 18:59 β€” πŸ‘ 8    πŸ” 0    πŸ’¬ 2    πŸ“Œ 0

Peter talks about that in the post of his I linked above.

04.03.2026 18:54 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0