βIs the auto pen allowed for pardons? No. It is not constitutionally allowed for presidential pardons. Why? Because the U.S constitution requires the president to be present. He was in a different state on vacationβ
An autopen signature without the presidentβs direct authorization or presence could undermine the pardonβs legitimacy. For example, if a president were incapacitated or unaware of the autopenβs use, it might raise questions about intent.
So if Joe Biden was not mentally fit coupled with an auto pen signature. The most likely legal outcome would be the pardon not being valid.
Full text
βIs the auto pen allowed for pardons? No. It is not constitutionally allowed for presidential pardons. Why? Because the U.S constitution requires the president to be present. He was in a different state on vacationβ
βArticle 2, section 2 grants the president the power to issue pardons does not explicitly state the method. However, legal scholars pass interpretations argue the pardons require ππ‘π π©ππ«π¬π¨π§ππ₯ ππ’π¬ππ«πππ’π¨π§ ππ§π ππ’π«πππ ππ©π©π«π¨π―ππ₯ π¨π ππ‘π π©π«ππ¬π’πππ§π. Meaning the auto pen is not fulfilled in this requirement.β
More context:
An autopen signature without the presidentβs direct authorization or presence could undermine the pardonβs legitimacy. For example, if a president were incapacitated or unaware of the autopenβs use, it might raise questions about intent.
So if Joe Biden was not mentally fit coupled with an auto pen signature. The most likely legal outcome would be the pardon not being valid.