1. A brief thread about a truly obscure episode in American constitutional law that may well become all-important in the days ahead.
2. No president has ever issued a self-pardon. But in 1857, territorial Governor Isaac Stevens in Washington State clashed with the judiciary in an extraordinary episode. Stevens had ordered some settlers arrested.
3. Federal Judge Edward Lander tried to hold a habeas hearing. Stevens declared martial law, and had Lander arrested. When he released him, Lander convened a new hearing—issuing writs of habeas and holding Stevens in contempt, sending Marshalls to arrest him.
4. But Stevens resisted arrest, and had his own forces arrest Lander. The saga wound on—I’m condensing here—but a second judge continued the proceedings, protected by fifty armed men. In the end, Stevens was forced to back down, dissolving martial law.
5. Now comes the interesting part. Lander forged ahead with contempt proceedings. Stevens appeared in court, and mounted a detailed defense. Lander ruled against him, and imposed a $50 fine. And then, Stevens … well, yeah. He pardoned himself:
6. Okay, okay. Technically, Stevens granted himself “respite”—the president would ultimately need to affirm it. But this episode is widely cited as the only directly confirmed federal self-pardon—and as reason to think self-pardons might be constitutional: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/08/03/the-first-the-only-federal-self-pardon/
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