Although the Watergate scandal is now some 50 years old, it has become the standard by which all more recent scandals have been judged. It is the scandal of all scandals, having taken the scalp of a US president together with a whole range of accomplices on the way, many having served jail sentences. A more recent scandal is threatening to take the mantle from Watergate. It is the Autopen scandal, henceforth Autopen-gate. The questions surrounding the unprecedented use of an Autopen by the Biden administration for multiple executive orders and pardons.
Why is this a scandal? While the use of an autopen goes back to the very early years of the US. Thomas Jefferson had an early version of an autopen. So that is not an issue. While it has generally not been used for executive orders, only for routine correspondence, its use is legal whenever an Autopen is authorised by the POTUS. But there is the problem. Given Biden's now accepted cognitive issues, there is serious doubt as to his conscious authorisation of its use. Did he understand what the autopen was signing? Did he even authorise its use? If he did not authorise its use, on some pardon or executive orders, are those orders, or pardons valid? If used without authority, those who used it are guilty of serious crimes.
Autopen-gate has yet to play out. The Watergate scandal took years to run its full course, and Autopen-gate will also take some time. The potential for jail terms, cancelled pardons, and revoked executive orders is evident. At this stage, Congress and Trump have also raised the issue and are asking questions.
If it is pursued, multiple court cases will likely end up in the Supreme Court. My guess is that the use of an Autopen on executive orders and pardons will be banned.
Bill O'Reilly recently covered the Autopen scandal well in a recent video. Well worth a view.
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