No. of Recommendations: 3
I think you possibly misunderstand the point being made by Conservatives and Republicans about the Biden autopen scandal.
It is perfectly legitimate and lawful for a President to delegate investigation and recommendations concerning who to pardon (or not) to subordinates. Whether that be Trump, Biden, or anyone else.
But the actual Presidential/constitutional act--that of issuing the pardon itself--cannot be delegated.
Biden delegated the actual act of pardoning to his subordinates, who used the autopen technology to execute thousands of pardons. Those subordinates had no constitutional authority to do so.
There is no record that I am aware of, or that anyone else is aware of, that Biden even orally authorized any of the autopen pardons.
Both the preliminary decision making power AND the actual constitutional act of deciding who to pardon, and executing the pardons themselves, were assumed by subordinates such as Zients under the justification that Biden was effectively non compos mentos.
