President Donald Trump led to confusion when he declared the invalid, vacant 'of President Biden at night, but legal experts do not say so quickly.
The 78-year-old president placed that the grace of his predecessor for members of the committee of 6 January and others were invalid because “they were done by Autopen.”
But several presidents, including Trump, have used car opening for a long time, and the question of whether documents signed by a president have been validly investigated with the help of car opening.
“The Ministry of Bush Justice has looked at this thoroughly and concluded that, as long as the president makes the actual decision, he can delegate the actual signing of the document to secretarial staff,” said Berkeley Law Professor and former Ministry of Justice.
“I cannot see the courts reject this – it builds on centuries -long practice and a long legal tradition to allow agents to sign on behalf of their clients,” Yoo added.
President Trump claimed that the grace of President Biden of the committee members of January 6 and others were 'void, vacant' because of his use of a car
It is assumed that President Harry Truman was the first president to regularly use modern car opening.
President George W Bush ordered the Ministry of Justice to investigate the constitutionalness of using a car opening.
In response to Trump's claims, several legal experts pointed to Bush's opinion.
In 2005, Deputy Assistant -Procurer -General Howard Nielson Jr. In the Memo for the Council of the President that the Department concluded 'The president does not personally have to perform the physical act of making his signature on a bill that he approves and decides to sign the bill. '
The advice of the legal adviser noted that the president could sign a bill by leading a subordinate to confirm the signature, including by Autopen.
Despite the conclusion, Bush has never used a car opening to sign legislation.
President Barack Obama, however, used a car opening on different occasions, including to sign legislation while they are abroad and on vacation in Hawaii.
Article I, section 2 of the American Constitution grants the pardon pardon power, but there is no power in the constitution to overthrow a grace.
Although legal experts indicate that there is a long -term legal opinion, Trump's claim raises questions about his plans for the future.
'It's laughable in a senes that it is completely absurd. Not a reasonable lawyer, not a reasonable politician would ever say such a thing, “said Professor Chris Edelson of the American University of the Government of Trump's Pardons.
“But it's dangerous because Donald Trump operates without crash barriers. He works on a system that has partially collapsed, “said Edelson.
If Trump lays the foundation to go to the committee behind political enemies, regardless of the legal basis, this can lead to a long and expensive struggle.
“This is an administration that has made it clear that they do not think that the law matters,” said Edelson.
Trump does not place -under -builded claims about Biden Pardons that have been signed with a car
In his position, Trump claimed without evidence that Biden knew nothing about the grace and suggested that others commit a crime.
It is because the accusation against Biden is driven online by conservatives and conspiracy theorists.
But when he was asked with a reporter on Air Force One while he went back to Washington or the grace of Biden and executive orders 'void and void' Trump, it was not cut and dry.
'Well, I think so. It is not my decision. That would be up to a court, “Trump said.
“I would say they are void, because I am sure Biden had no idea that it took place,” he repeated the non -under -build claim.
On Monday, the Pers Secretary Karoline Leavitt of the White House brought back the car claim of Trump when they argued that the president “begged the question” about whether Biden knew about grace.
A day before he left the office on January 19, Biden gave preventive grace to members of the congress who participated in the Select Committee who testified the attack of 6 January on the US Capitol and the police and police.
Commission member former Republican Congressman Adam Kinzinger took Trump's Pardons Post as a threat.
The old Trump critic shot back in a video post on social media on Monday: “Hey Trump, bring it to guy.”
