Who’s Holding the Autopen? Pardons, Accountability, and the Unwritten Law
In this episode of Unwritten Law, Mark Chenoweth and John Vecchione dissect an overlooked constitutional controversy: presidential pardons signed by an autopen. Inspired by a recent op-ed from NCLA’s founder Philip Hamburger, they question what happens when bureaucrats—or interns—wield the power of the pen. Can the president legally delegate the pardon power? Did anyone actually authorize the latest batch of pardons? And what does the Constitution say about it?
Mark and John explore how the Biden administration’s vague processes, lack of transparency, and use of mechanical signature tools…
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