As former President Donald Trump urges Congress to investigate Joe Biden’s use of the autopen for signing executive orders and pardons, a prominent conservative legal scholar has labeled the practice a major constitutional scandal.
Randy Barnett, a constitutional law professor at Georgetown University, criticized Biden’s use of the autopen, calling it “the biggest constitutional scandal in U.S. history.” Barnett argues that if Biden was unaware of what was being signed in his name, it raises serious concerns about the legality and legitimacy of those official acts.
“For all the talk of a ‘constitutional crisis’ or threats to ‘our democracy,’ having the executive branch systematically run by unknown subordinates of a mentally incompetent president is the biggest constitutional scandal in US history,” Barnett posted on X Monday.
His statement followed a recent New York Times interview in which Biden defended his use of the autopen, saying he had orally approved all clemency and pardon actions during his final days in office. He admitted he didn’t sign each document personally because of the volume—roughly 2,500 commutations and pardons for nonviolent drug offenders.
“I made every decision,” Biden said in the phone interview, which was published Sunday.
However, the Times noted that while Biden approved the overall standards for mass pardons, he did not personally review or approve every individual name. His aides confirmed the approach was discussed and agreed upon in advance.
In a controversial move just hours before Trump’s inauguration in January, Biden issued preemptive pardons to Dr. Anthony Fauci, former Joint Chiefs of Staff Chair Mark Milley, members of his family, and members of the Jan. 6 Select Committee, anticipating potential political retribution.
Although Biden’s autopen use has drawn sharp criticism, he is not the first president to rely on it. Presidents—including Trump—have used autopen signatures for official documents. Ironically, Rep. James Comer (R-KY), who is spearheading the House probe into Biden’s mental fitness and autopen use, has also used digital signatures during the investigation, according to NBC News.
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