Harvard Law School Professor Emeritus Alan Dershowitz said Monday that challenges to former President Joe Biden's autopen for bills and pardons "will end up in court."
Dershowitz explained on the "John Solomon Reports" podcast on Monday that there are a couple of problems with the autopen that could arise in court.
"They will end up in court, and there are going to be two issues. One, the nature of what was signed — was it a pardon, or was it a bill from Congress, for example. And second, the nature of the autopen," Dershowitz said.
"First, the nature of what's signed. If it was a bill, here's what the Constitution says: 'If he approves, he shall sign it.' So it says, 'sign it.' Sign it. So an autopen would raise a real problem if he signed it by autopen, which is not a real signature. Pardons, it doesn't say anything about signing it. It says, 'he shall have the power to grant reprieves and pardons.' So I think the people who will try to sustain the pardons would argue, 'look, he can pardon orally,' and therefore it doesn't matter whether he used the pen," he continued.
