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简体中文The Autopen Accusation
Donald Trump recently challenged the validity of Joe Biden’s pardons for the January 6th committee members, citing the use of an autopen. Trump claims these pardons are “VOID” because Biden didn’t personally sign them and wasn’t aware of them. But what exactly is an autopen, and does Trump’s claim hold water?
Understanding the Autopen
An autopen is a machine that replicates a person’s signature. It’s often used when high-volume document signing is required. Before becoming a lawyer, Lisa Rubin, now an MSNBC legal correspondent, used an autopen as a congressional aide.
Legal Precedent and the Autopen
The Justice Department’s Office of Legal Counsel addressed the use of autopens in 2005. They concluded that a president can direct a subordinate to affix their signature via autopen, provided the president has approved the bill. This suggests that using an autopen for pardons is also legally sound.
Pardons vs. Legislation: Is There a Difference?
Legally, there shouldn’t be a distinction between signing legislation and issuing a pardon via autopen. A president’s power regarding pardons might even be greater than their role in signing legislation.
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The Burden of Proof
Trump alleges Biden was unaware of these pardons. While a president can’t revoke a pardon, Trump may task his Justice Department with investigating the matter. This would shift the burden to the pardon recipients, who would need to prove the then-president authorized the autopen’s use.
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This article is based on reporting by Lisa Rubin and analysis of legal precedents.