Fact Check: "Biden's pardons are void because he used an autopen without personal approval."
What We Know
The claim that President Biden's pardons are void due to the use of an autopen without personal approval has been circulating on various platforms, particularly social media. An autopen is a device that automatically replicates a person's signature, and its use in official documents has raised questions about the authenticity and legality of such documents.
Legal experts have noted that the use of an autopen is not inherently illegal; however, it does depend on the context in which it is used. For example, the Department of Justice has guidelines regarding the use of autopens, stating that they can be used for certain types of documents, including pardons, as long as the signatory has given prior approval for the content. This means that if Biden had indeed approved the pardons beforehand, their validity would not be compromised by the use of an autopen.
Furthermore, the Constitution grants the president the power to grant pardons, and the process does not explicitly require a personal signature. The key issue is whether the president's intent was clearly communicated and whether the pardons were issued in accordance with established procedures.
Analysis
The assertion that Biden's pardons are void hinges on the interpretation of legal norms surrounding the use of autopens. While some critics argue that using an autopen undermines the personal nature of a presidential pardon, legal interpretations suggest that as long as the president has approved the content, the use of an autopen does not invalidate the pardons.
Sources discussing the legal implications of this issue include Media Bias/Fact Check which highlights the importance of the president's intent and approval in the pardoning process. The site emphasizes that there is no explicit legal requirement for a personal signature in the context of pardons, which further complicates the claim's validity.
Moreover, the credibility of the sources discussing this claim varies. While legal experts and official government guidelines provide reliable information, social media posts and unverified claims often lack the necessary context and legal backing, making them less trustworthy.
Conclusion
The claim that "Biden's pardons are void because he used an autopen without personal approval" remains Unverified. The legality of the pardons depends on whether Biden approved their content, not solely on the method of signature. Given the existing legal framework and interpretations, it is plausible that the pardons could still be valid even if an autopen was used, provided that proper procedures were followed.
