Adam Cochran (adamscochran.eth)
Adam Cochran (adamscochran.eth)|Mar 17, 2025 13:31
Your daily dose of disputing authoritarian misinformation: -Ford, Johnson, Obama and Bush have all used autopens. -George W. Bush asked the DoJ for clarity on the legality of the autopen, which they agreed to. -The pardon is a plenary power which cannot be restricted by the Courts or Congress, and is extremely broad. -There is no constitutional requirement for a President to even sign a pardon document, that’s ceremonial. -There is clear legal establishment that a President cannot overturn previously issued pardons. -In the case Ex Parte Garland (1866) the SCOTUS held that even secret pardons that were not publicized or filed could still be legally binding. -A president technically has the power to verbally pardon or enact a pardon in any form of writing. -Biden issued statements on these pardons, and has since talked about and acknowledged them. -The very fact that Trump is attacking the authenticity of these pardons (while already ignoring the courts on other matters) goes to show that they were indeed necessary to prevent undue political attacks. Biden’s pardons are all legally binding and acknowledged, all filed with the DoJ’s Office of the Pardon Attorney, and cannot be overturned or nullified - including if an autopen was used. The only legal test for their standing is if Biden acknowledges them, which he has.
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