Part 5/9:
Constitutional provisions reinforce that pardons and clemencies are non-delegable powers vested solely in the President. Biden’s delegation of this authority, whether explicitly or implicitly, is under scrutiny amid allegations of misuse.
Legal experts point out that meticulous documentation of autopen usage is essential. Any deviation from established operating procedures—especially without explicit authorization—could constitute a breach of legal standards and undermine the legitimacy of the pardons.