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In today’s episode of Verdict with Ted Cruz, Senator Ted Cruz exposed what he calls a “direct and unprecedented assault on our constitutional order” by the Biden administration’s use of an autopen to issue thousands of federal pardons and commutations. This revelation has sparked serious concerns about the legality and legitimacy of these executive actions.
The Autopen Controversy
According to Senator Cruz, the Biden administration issued over 2,400 commutations in a single day—more than any president has granted over an entire term. Many of these were signed using an autopen, a mechanical device that replicates the President’s signature. While autopens have been used for ceremonial purposes, their use in granting clemency raises constitutional red flags.
Under Article II, Section 2 of the U.S. Constitution, the power to pardon is vested solely in the President. It is a personal, non-delegable authority. If staffers or aides issue pardons without the President’s direct involvement, those actions are null and void.
Lack of Presidential Oversight
Leaked emails and internal reports suggest that President Joe Biden was disengaged from the clemency process, with staffers drafting and signing off on decisions without clear evidence of Biden’s approval. In some cases, aides who weren’t even present in meetings with the President wrote directives based on secondhand accounts. This lack of transparency undermines public trust and violates the constitutional requirement for a direct presidential decision.
Legal and Political Ramifications
Senator Cruz has called on the Department of Justice to systematically review each pardon and commutation issued during this period. He advocates for declaring any unauthorized clemency actions null and void, and even suggests that the DOJ should pursue legal avenues to challenge them in court.
This issue could escalate to the Supreme Court, especially if individuals released under questionable pardons are re-arrested and challenge the validity of their commutations. Cruz warns that this is not just a bureaucratic error—it’s a potential abuse of executive power that demands accountability.
Why It Matters
This controversy is a wake-up call. It highlights the dangers of unchecked executive authority and the erosion of foundational legal principles. The Biden administration’s actions must be scrutinized, and the rule of law must be upheld.
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