How to determine whether Biden's alleged autopen pardons are valid - Fox Business

How to Determine Whether Biden's Alleged Autopen Pardons are Valid: A Fox Business Investigation

President Biden's use of an autopen for official documents has recently drawn intense scrutiny, particularly regarding the legitimacy of past pardons. Accusations have surfaced, questioning whether these mechanically signed pardons hold legal weight, sparking a debate that could have significant repercussions. This Fox Business report examines the legal complexities and potential challenges involved in determining the validity of these actions.

The power of presidential pardon is enshrined in Article II, Section 2 of the U.S. Constitution, granting the chief executive broad authority to forgive federal crimes. Historically, this power has been exercised through hand-signed documents, providing a clear chain of authentication. However, the increasing use of technology, including autopens, raises new questions about the intent and legitimacy behind official presidential actions.

Fueling the current controversy is former President Trump's recent declaration that Biden's pardons executed via autopen are "void," as highlighted by Article III Project founder Mike Davis on Fox Business' "The Bottom Line." This assertion directly challenges the validity of potentially numerous pardons, creating uncertainty for those who received them and potentially impacting future legal proceedings. The core question revolves around whether an autopen signature adequately represents the President's personal judgment and intentional act of clemency.

The central challenge in verifying these pardons lies in establishing the President's explicit authorization for each autopen signature. Legal experts argue that simply possessing the technology isn't sufficient; there needs to be demonstrable evidence that Biden specifically directed the autopen's use for each individual pardon. "The burden of proof would likely fall on the government to demonstrate that the President knowingly and willingly authorized the autopen for each signature," explains one legal scholar specializing in constitutional law.

If a pardon were deemed invalid, the implications could be far-reaching. Individuals previously released from prison or having their records cleared might face renewed legal jeopardy. Moreover, the controversy could set a precedent that casts doubt on other official documents signed using an autopen, potentially impacting national security directives, executive orders, and even legislation. The legal fallout could trigger a wave of litigation, further burdening the court system.

Determining the validity of Biden's alleged autopen pardons requires a meticulous examination of White House protocols, internal communications, and potentially, testimony from current and former staff. While the use of technology in government is evolving, ensuring the integrity and authenticity of presidential actions remains paramount. This investigation into the autopen pardons underscores the need for clarity and transparency in the application of technology within the executive branch to maintain public trust and uphold the rule of law.