Dershowitz: Autopen pardons' validity remains uncertain

Alan Dershowitz, a legal scholar, discussed the validity of pardons issued by President Joe Biden, which may have been signed using an autopen, a device that mimics a signature. Dershowitz stated that whether these pardons are valid could remain unanswered. Former President Donald Trump claimed that these pardons, given to members of the House committee investigating the January 6, 2021, Capitol riot, are invalid because of the use of the autopen. Dershowitz pointed out that the Constitution requires the president to personally sign a bill to make it law. He explained that the Constitution clearly states the president must sign documents, suggesting that an autopen signature may not meet this requirement. However, he noted that there is no specific language in the Constitution regarding the signing of pardons. Dershowitz argued that while the Constitution grants the president the power to issue pardons, it does not explicitly require a signature. This opens up a debate about whether Biden personally exercised this power or if someone on his staff acted on his behalf. Additionally, Dershowitz mentioned that any legal challenge to the use of an autopen for signing pardons would face hurdles. To challenge such a decision, a party would need legal standing, which could be difficult to establish. He concluded that it may be challenging to determine if the pardons are valid and suggested that we might never have a clear answer.