Tuesday, May 20, 2025

That rascally Autopen!

" 'The argument that the pardon fails because it was signed by an autopen fails at the get-go, because there's no requirement that the pardon even be signed," he explained."  
Rich Terrell

What's an autopen, and does it void Biden's pardons? : NPR   . . ."It is not clear whether Biden actually used an autopen to sign the documents in question. And even if he did, legal experts say it's not clear the pardons could be rescinded — for that or any other reason.

Article II, Section 2 of the Constitution, which grants presidents broad clemency powers, says the pardon only needs to be "accepted by its subject" to take effect — and does not mention anything about reversing them after the fact.

Jay Wexler, a professor of constitutional law at Boston University School of Law, told NPR he thinks the autopen issue is a "nonstarter" and a "distraction." Importantly, he says, there is nothing in the Constitution that requires pardons be in writing at all.


"The ramifications of the growing acceptance of an autopen signature have ripple effects that impact not only the collecting world, but also has been the subject of controversy regarding the very constitutionality of the use of the autopen in signing a bill into law." 

Broc Smith

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