Cristian Farias
@cristianfarias.com
Legal journalist and beachgoer. I write about courts, the law, and the politics shaping them for @vanityfair.com, @nymag.com, and @newyorker.com. Host of The Bully's Pulpit.
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Cristian Farias
@cristianfarias.com
· Mar 26
How John Roberts Has Empowered a Lawless Presidency
The Chief Justice’s rebuke of Donald Trump over his calls to impeach judges obscures Roberts’s own role in fostering the destruction in Washington.
www.newyorker.com
For @newyorker.com: I wrote a crash course on how John Roberts empowered the current destruction and lawlessness in Washington.
There’s a perception this began with the immunity ruling, but he has long been pushing the idea of an unrestrained, unchecked presidency. www.newyorker.com/news/the-led...
There’s a perception this began with the immunity ruling, but he has long been pushing the idea of an unrestrained, unchecked presidency. www.newyorker.com/news/the-led...
Too much legal news.
December 4, 2025 at 11:44 PM
Too much legal news.
Reposted by Cristian Farias
*Exactly* right. (From @rgoodlaw.bsky.social, in an explainer by @charliesavage.bsky.social.) www.nytimes.com/2025/12/04/u...
December 4, 2025 at 2:45 PM
*Exactly* right. (From @rgoodlaw.bsky.social, in an explainer by @charliesavage.bsky.social.) www.nytimes.com/2025/12/04/u...
Reposted by Cristian Farias
It's going to take people a while to get used to it, but even though it has not yet been properly spelled out by the Supreme Court, there is no such thing as an independent federal agency any more (with the potential exception, for some reason, of the Fed).
This is in the weeds, but please be reminded that this gross usurpation of the Institute of Peace was made possible by a Supreme Court order from the shadow docket in an unrelated case, which then three Trump judges on the D.C. Circuit ran with to allow this usurpation to proceed.
December 4, 2025 at 3:18 PM
It's going to take people a while to get used to it, but even though it has not yet been properly spelled out by the Supreme Court, there is no such thing as an independent federal agency any more (with the potential exception, for some reason, of the Fed).
This is in the weeds, but please be reminded that this gross usurpation of the Institute of Peace was made possible by a Supreme Court order from the shadow docket in an unrelated case, which then three Trump judges on the D.C. Circuit ran with to allow this usurpation to proceed.
December 4, 2025 at 3:13 PM
This is in the weeds, but please be reminded that this gross usurpation of the Institute of Peace was made possible by a Supreme Court order from the shadow docket in an unrelated case, which then three Trump judges on the D.C. Circuit ran with to allow this usurpation to proceed.
James Boasberg knows how to write an opening sentence:
“Cynthia Ballenger and her husband Christopher Price joined the insurrection at the U.S. Capitol on January 6, 2021.”
He agreed with them that their mooted/vacated convictions on appeal entitles them to a refund. Wonky opinion for the nerds.
“Cynthia Ballenger and her husband Christopher Price joined the insurrection at the U.S. Capitol on January 6, 2021.”
He agreed with them that their mooted/vacated convictions on appeal entitles them to a refund. Wonky opinion for the nerds.
storage.courtlistener.com
December 4, 2025 at 2:16 PM
James Boasberg knows how to write an opening sentence:
“Cynthia Ballenger and her husband Christopher Price joined the insurrection at the U.S. Capitol on January 6, 2021.”
He agreed with them that their mooted/vacated convictions on appeal entitles them to a refund. Wonky opinion for the nerds.
“Cynthia Ballenger and her husband Christopher Price joined the insurrection at the U.S. Capitol on January 6, 2021.”
He agreed with them that their mooted/vacated convictions on appeal entitles them to a refund. Wonky opinion for the nerds.
Reposted by Cristian Farias
Article X of Johnson's impeachment charged that he did "make and deliver with a loud voice certain intemperate, inflammatory, and scandalous harangues, and did therein utter loud threats and bitter menaces."
As always, the Radical Republicans were right about everything.
As always, the Radical Republicans were right about everything.
In 2019, Rep. Al Green of Texas introduced an impeachment resolution against Donald Trump over his open, unrepentant racism toward U.S. citizens who are or may look like immigrants, as well as toward members of Congress—including Ilhan Omar.
He cited the Andrew Johnson impeachment as precedent.
He cited the Andrew Johnson impeachment as precedent.
Trump: "It’s a hellhole right now. And those Somalians should be out of here. They've destroyed our country. And all they do is complain, complain, complain. You have her. She’s always talking about the Constitution provides me with – go back to your own country and figure out your constitution."
December 3, 2025 at 10:56 PM
Article X of Johnson's impeachment charged that he did "make and deliver with a loud voice certain intemperate, inflammatory, and scandalous harangues, and did therein utter loud threats and bitter menaces."
As always, the Radical Republicans were right about everything.
As always, the Radical Republicans were right about everything.
In 2019, Rep. Al Green of Texas introduced an impeachment resolution against Donald Trump over his open, unrepentant racism toward U.S. citizens who are or may look like immigrants, as well as toward members of Congress—including Ilhan Omar.
He cited the Andrew Johnson impeachment as precedent.
He cited the Andrew Johnson impeachment as precedent.
Trump: "It’s a hellhole right now. And those Somalians should be out of here. They've destroyed our country. And all they do is complain, complain, complain. You have her. She’s always talking about the Constitution provides me with – go back to your own country and figure out your constitution."
December 3, 2025 at 10:53 PM
In 2019, Rep. Al Green of Texas introduced an impeachment resolution against Donald Trump over his open, unrepentant racism toward U.S. citizens who are or may look like immigrants, as well as toward members of Congress—including Ilhan Omar.
He cited the Andrew Johnson impeachment as precedent.
He cited the Andrew Johnson impeachment as precedent.
Reposted by Cristian Farias
AP story:
apnews.com/article/just...
apnews.com/article/just...
Justice Department expands legal action against states that have refused its demands for voter data
The U.S. Justice Department is suing six more states in its ongoing campaign to obtain voter data and other election information.
apnews.com
December 3, 2025 at 4:03 PM
AP story:
apnews.com/article/just...
apnews.com/article/just...
Reposted by Cristian Farias
“Bluntly put, why the Court ruled as it did remains unclear-and without reasoning, this order cannot even be considered as persuasive."
I know that's right
just the other day I said judges should understand the shadow docket has little to no value as precedent!
ballsandstrikes.org/law-politics...
I know that's right
just the other day I said judges should understand the shadow docket has little to no value as precedent!
ballsandstrikes.org/law-politics...
December 3, 2025 at 2:46 PM
“Bluntly put, why the Court ruled as it did remains unclear-and without reasoning, this order cannot even be considered as persuasive."
I know that's right
just the other day I said judges should understand the shadow docket has little to no value as precedent!
ballsandstrikes.org/law-politics...
I know that's right
just the other day I said judges should understand the shadow docket has little to no value as precedent!
ballsandstrikes.org/law-politics...
While we were sleeping, a huge ruling:
Federal judge blocks the Trump administration from warrantless immigration arrests in Washington, D.C. “without a pre-arrest individualized determination … of probable cause.”
She addresses Kavanaugh stops head on.
storage.courtlistener.com/recap/gov.us...
Federal judge blocks the Trump administration from warrantless immigration arrests in Washington, D.C. “without a pre-arrest individualized determination … of probable cause.”
She addresses Kavanaugh stops head on.
storage.courtlistener.com/recap/gov.us...
![Excerpt from ruling:
“Bluntly put, why the Court ruled as it did remains unclear-and without reasoning,
this order cannot even be considered as persuasive. Second, Justice Kavanaugh's conclusion that the plaintiffs lacked standing in Perdomo rested on the claims asserted in that case specifically, plaintiffs there sought to enjoin defendants from targeting individuals for immigration stops based on certain factors, such as race or ethnicity, their accent, and the type of work they did. Id. Justice Kavanaugh reasoned that plaintiffs in Perdomo likely lacked standing under Lyons, as defendants may "stop suspected illegal immigrants based on a variety of factors," and thus "plaintiffs ha[d] no good basis to believe that law enforcement will unlawfully stop them in the future" based "only on [prohibited] factors." Id. at *3 (emphases in original). In contrast, this case concerns an entirely different context, namely, civil immigration arrests rather than immigration stops, which were at issue in Perdomo, and a different type of challenge. Specifically, plaintiffs are not arguing which factors defendants may consider in their application of a legal standard, but rather contend that defendants have abandoned the proper legal standard entirely. See Pls.' Reply at 8. Thus, Justice Kavanaugh's concurrence in Perdomo, to the extent it has persuasive, let alone controlling, authority, is inapposite.”](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:jech7rem6vijss4euf4fijao/bafkreidy2tm2mkrt4kkxcnhlmc6uess22cabrg7b5juyauqoolvoqd7teu@jpeg)
December 3, 2025 at 1:55 PM
While we were sleeping, a huge ruling:
Federal judge blocks the Trump administration from warrantless immigration arrests in Washington, D.C. “without a pre-arrest individualized determination … of probable cause.”
She addresses Kavanaugh stops head on.
storage.courtlistener.com/recap/gov.us...
Federal judge blocks the Trump administration from warrantless immigration arrests in Washington, D.C. “without a pre-arrest individualized determination … of probable cause.”
She addresses Kavanaugh stops head on.
storage.courtlistener.com/recap/gov.us...
In his native Colombia and much of Latin America, where Bernie Moreno and his family are from, he would be called a «vendepatria» over this bill.
(Look it up. It’s a great word.)
(Look it up. It’s a great word.)
Sen. Bernie Moreno, R-Ohio, just introduced a bill to ban Americans from holding dual citizenship. The bill says that to “preserve the integrity of national citizenship, allegiance to the United States must be undivided.” It’s called the Exclusive Citizenship Act.
December 1, 2025 at 10:11 PM
In his native Colombia and much of Latin America, where Bernie Moreno and his family are from, he would be called a «vendepatria» over this bill.
(Look it up. It’s a great word.)
(Look it up. It’s a great word.)
Reposted by Cristian Farias
DOJ says immigration judges, as "inferior officers," may be fired on the basis of sex, religion, race, or national origin. Leaving aside the law, it's *politically* remarkable they're taking this position.
washingtonlitigationgroup.org/news/former-...
storage.courtlistener.com/recap/gov.us...
washingtonlitigationgroup.org/news/former-...
storage.courtlistener.com/recap/gov.us...
December 1, 2025 at 6:40 PM
DOJ says immigration judges, as "inferior officers," may be fired on the basis of sex, religion, race, or national origin. Leaving aside the law, it's *politically* remarkable they're taking this position.
washingtonlitigationgroup.org/news/former-...
storage.courtlistener.com/recap/gov.us...
washingtonlitigationgroup.org/news/former-...
storage.courtlistener.com/recap/gov.us...
Reposted by Cristian Farias
NEWS: A unanimous Third Circuit panel rules that Alina Habba is not U.S. Attorney, cannot be Acting U.S. Attorney, and cannot have the powers delegated to her. storage.courtlistener.com/recap/gov.us...
December 1, 2025 at 2:38 PM
NEWS: A unanimous Third Circuit panel rules that Alina Habba is not U.S. Attorney, cannot be Acting U.S. Attorney, and cannot have the powers delegated to her. storage.courtlistener.com/recap/gov.us...
Pick your fighter.
November 30, 2025 at 1:57 PM
Pick your fighter.
I seem to remember Fox News and MAGA going apoplectic over Joe Biden’s so-called “ministry of truth” against misinformation.
And yet, now we have a “media bias” monitor that is going after news and opinion the White House doesn’t like, singling out reporters by name: www.whitehouse.gov/mediabias/
And yet, now we have a “media bias” monitor that is going after news and opinion the White House doesn’t like, singling out reporters by name: www.whitehouse.gov/mediabias/
Media Offenders
Uncover Media Bias & Hold Fake News Accountable. False claims debunked, serial offenders immortalized in the Hall of Fame, networks ranked on the Leaderboard of Repeat Lies. Stay informed, stay accura...
www.whitehouse.gov
November 29, 2025 at 3:26 PM
I seem to remember Fox News and MAGA going apoplectic over Joe Biden’s so-called “ministry of truth” against misinformation.
And yet, now we have a “media bias” monitor that is going after news and opinion the White House doesn’t like, singling out reporters by name: www.whitehouse.gov/mediabias/
And yet, now we have a “media bias” monitor that is going after news and opinion the White House doesn’t like, singling out reporters by name: www.whitehouse.gov/mediabias/
Always imitated, never replicated.
November 27, 2025 at 10:18 PM
Always imitated, never replicated.
Nothing quite like cozying up to that majestic, commercial-riddled pageant of late-stage capitalism, the Macy’s Thanksgiving Day Parade!
I’m already grateful for the Super Mario float. The kids are all about the Labubu one.
“Children, every float is trying to sell you something,” I tell them.
I’m already grateful for the Super Mario float. The kids are all about the Labubu one.
“Children, every float is trying to sell you something,” I tell them.
November 27, 2025 at 3:24 PM
Nothing quite like cozying up to that majestic, commercial-riddled pageant of late-stage capitalism, the Macy’s Thanksgiving Day Parade!
I’m already grateful for the Super Mario float. The kids are all about the Labubu one.
“Children, every float is trying to sell you something,” I tell them.
I’m already grateful for the Super Mario float. The kids are all about the Labubu one.
“Children, every float is trying to sell you something,” I tell them.
Reposted by Cristian Farias
CA11 affirms lower court order tossing of Trump’s cases against Hillary Clinton and sanctioning his lawyers for bringing bad faith and frivolous claims.
Unanimous, bipartisan panel (GWB/Trump/Biden)
media.ca11.uscourts.gov/opinions/pub...
Unanimous, bipartisan panel (GWB/Trump/Biden)
media.ca11.uscourts.gov/opinions/pub...
![C. The District Court Did Not Abuse Its Discretion in Issuing Sanctions Based on Its Inherent Authority.
Federal courts have the inherent authority to "fashion an appropriate sanction for conduct which abuses the judicial process." Chambers v. NASCO, Inc., 501 U.S. 32, 44-45 (1991). This authority arises from the "control necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases." Link v. Wabash R.R. Co., 370 U.S. 626, 630-31
(1962). To "unlock[] that inherent power," a court must find that a party or his attorney acted in "bad faith." Sciaretta v. Lincoln Nat'l Life Ins. Co., 778 F.3d 1205, 1212 (11th Cir. 2015). On a finding of bad faith, the district court may "assess attorney's fees." Id.
The district court ordered Trump and Habba (along with her law firm) to pay nearly $1 million in attorney's fees under its inherent authority. On appeal, Trump and Habba present several arguments against the sanctions. We discuss and reject each in turn.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:beirch5u3d3ybvuct27mtyxd/bafkreiapdlxp67gpzih2tqjvz4276mqtsq3f6ajrfukzygbtv5v7glyht4@jpeg)
November 26, 2025 at 2:59 PM
CA11 affirms lower court order tossing of Trump’s cases against Hillary Clinton and sanctioning his lawyers for bringing bad faith and frivolous claims.
Unanimous, bipartisan panel (GWB/Trump/Biden)
media.ca11.uscourts.gov/opinions/pub...
Unanimous, bipartisan panel (GWB/Trump/Biden)
media.ca11.uscourts.gov/opinions/pub...
This is not throwing Kristi Noem under the bus. This is a designed to insulate from judicial scrutiny any and all high-level communications about how the decision to defy a court order was made.
The Trump administration is trying to shut this inquiry down.
The Trump administration is trying to shut this inquiry down.
DOJ throwing DHS Sec. Kristi Noem under the bus...
Saying it was her who made the call to proceed with the deportation of more than 100 Venezuelan men to El Salvador, despite a judge's order blocking the deportations
✏️ by: @joshgerstein.bsky.social & @kyledcheney.bsky.social
Saying it was her who made the call to proceed with the deportation of more than 100 Venezuelan men to El Salvador, despite a judge's order blocking the deportations
✏️ by: @joshgerstein.bsky.social & @kyledcheney.bsky.social
Kristi Noem made call to hand over deported men to El Salvador, DOJ says
The disclosure adds a wrinkle to the murky timeline surrounding the unprecedented deportation effort.
www.politico.com
November 26, 2025 at 1:03 PM
This is not throwing Kristi Noem under the bus. This is a designed to insulate from judicial scrutiny any and all high-level communications about how the decision to defy a court order was made.
The Trump administration is trying to shut this inquiry down.
The Trump administration is trying to shut this inquiry down.
Pete Hegseth strikes again:
"The likelihood of this getting any traction in the military justice system is essentially zero.”
"The likelihood of this getting any traction in the military justice system is essentially zero.”
Trump's case against Senator Mark Kelly faces steep hurdles under military law
Trump's case against Senator Mark Kelly faces steep hurdles under military law
Threats by the Trump administration to recall Senator Mark Kelly to active Navy duty, and to prosecute him under military law for urging troops to disobey illegal orders, would face steep hurdles in a system designed to give troops strong rights to due process, according to seven military law experts.
reut.rs
November 26, 2025 at 12:44 PM
Pete Hegseth strikes again:
"The likelihood of this getting any traction in the military justice system is essentially zero.”
"The likelihood of this getting any traction in the military justice system is essentially zero.”
Why they’re doing this:
The Trump administration knows that the Supreme Court won’t let a Cabinet secretary be dragged into court to testify. (She may file an affidavit, as she’s already done in this litigation.)
So the only recourse here is to pierce executive and/or attorney-client privilege.
The Trump administration knows that the Supreme Court won’t let a Cabinet secretary be dragged into court to testify. (She may file an affidavit, as she’s already done in this litigation.)
So the only recourse here is to pierce executive and/or attorney-client privilege.
BREAKING:
“After receiving that legal advice, Secretary Noem directed that the AEA detainees who had been removed from the United States before the Court’s order could be transferred to the custody of El Salvador. “
“After receiving that legal advice, Secretary Noem directed that the AEA detainees who had been removed from the United States before the Court’s order could be transferred to the custody of El Salvador. “
November 26, 2025 at 11:55 AM
Why they’re doing this:
The Trump administration knows that the Supreme Court won’t let a Cabinet secretary be dragged into court to testify. (She may file an affidavit, as she’s already done in this litigation.)
So the only recourse here is to pierce executive and/or attorney-client privilege.
The Trump administration knows that the Supreme Court won’t let a Cabinet secretary be dragged into court to testify. (She may file an affidavit, as she’s already done in this litigation.)
So the only recourse here is to pierce executive and/or attorney-client privilege.
The lawyers in the Alien Enemies Act pending before Judge James Boasberg, who is proceeding with his contempt inquiry against the Trump administration, have recommended that he consider a number of "potential witnesses."
They include now-Judge Emil Bove.
storage.courtlistener.com/recap/gov.us...
They include now-Judge Emil Bove.
storage.courtlistener.com/recap/gov.us...
November 25, 2025 at 4:52 PM
The lawyers in the Alien Enemies Act pending before Judge James Boasberg, who is proceeding with his contempt inquiry against the Trump administration, have recommended that he consider a number of "potential witnesses."
They include now-Judge Emil Bove.
storage.courtlistener.com/recap/gov.us...
They include now-Judge Emil Bove.
storage.courtlistener.com/recap/gov.us...
Reposted by Cristian Farias
I wish I didn’t have to share this. But the BBC has decided to censor my first Reith Lecture.
They deleted the line in which I describe Donald Trump as “the most openly corrupt president in American history.” /1
They deleted the line in which I describe Donald Trump as “the most openly corrupt president in American history.” /1
November 25, 2025 at 9:26 AM
I wish I didn’t have to share this. But the BBC has decided to censor my first Reith Lecture.
They deleted the line in which I describe Donald Trump as “the most openly corrupt president in American history.” /1
They deleted the line in which I describe Donald Trump as “the most openly corrupt president in American history.” /1
Reposted by Cristian Farias
Today, after months of requests, I toured the Broadview ICE Processing Facility. I want to share what I saw.
The facility has no food vendor, no medical care, and detainees have to use toilets in the middle of shared cells. These are in no way suitable conditions to be holding anyone — period.
The facility has no food vendor, no medical care, and detainees have to use toilets in the middle of shared cells. These are in no way suitable conditions to be holding anyone — period.
November 25, 2025 at 12:57 AM
Today, after months of requests, I toured the Broadview ICE Processing Facility. I want to share what I saw.
The facility has no food vendor, no medical care, and detainees have to use toilets in the middle of shared cells. These are in no way suitable conditions to be holding anyone — period.
The facility has no food vendor, no medical care, and detainees have to use toilets in the middle of shared cells. These are in no way suitable conditions to be holding anyone — period.
Beyond ineptitude and bad faith, the only thing connecting Donald Trump’s many political prosecutions is animus. And unless and until judges root out the animus, the political prosecutions, unlawful appointments, and other tomfoolery will continue.
We’re not there yet.
nymag.com/intelligence...
We’re not there yet.
nymag.com/intelligence...
Turns Out Prosecuting People Purely out of Rage Isn’t a Good Legal Strategy
There’s one big reason the government screwed up the James Comey and Letita James cases.
nymag.com
November 25, 2025 at 12:15 AM
Beyond ineptitude and bad faith, the only thing connecting Donald Trump’s many political prosecutions is animus. And unless and until judges root out the animus, the political prosecutions, unlawful appointments, and other tomfoolery will continue.
We’re not there yet.
nymag.com/intelligence...
We’re not there yet.
nymag.com/intelligence...