Friday, July 18, 2025

On that autopen

The kerfuffle about former President Biden's use of "autopen" to sign pardons and other documents is interesting, and probably the big thing to address here is to what extent executive privilege protects the process.  Overall, if Cabinet members are in the discussion, the privilege is fairly absolute, but it's less certain when it gets down to the level of ordinary White House staffers--an infamous example being when White House staffers were called to testify in L'affaire Lewinsky.  

Also of interest is that executive privilege is stronger when there is a claim of national security.  So for all those autopen-signed pardons, I'd argue that the paperwork flow is far less privileged than for other functions.  It is, really, more akin to L'affaire Lewinsky than Biden and his handlers would like to admit.

All in all, my view is that if the President did not sign off on those pardons, they are null and void--and thus a special prosecutor ought to examine all of them.  Ouch, for President Biden, and for all those freed by his actions.

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