The Real Reason Trump Has Created This Autopen Scandal

It is worth noting that the original autopen controversy stemmed largely around the president’s use of it to sign legislation, where the Constitution explicitly requires a signature. For practical reasons, presidents do not commit all or even most of their orders, instructions, or official actions to paper. A president’s direct order to someone serving in the military, for example, carries the same legal weight whether delivered over the telephone, via videoconference, or in person.

Since Trump’s particular issue with the autopen centers around pardons, it’s worth noting that the historical precedents for that power are much looser than for any other official act a president might undertake. The modern practice is for would-be recipients to apply to the Justice Department’s Office of the Pardon Attorney, who reviews cases and makes recommendations to the president. If approved, the office gives pardon recipients a formal document bearing the president’s seal and signature.

That is a modern convenience rather than an actual legal requirement, however. Trump himself has ignored or bypassed the pardon attorney and issued almost all of his pardons at his personal whim. Past presidents have also wielded the pardon power by proclamation instead of individualized certificates. They have issued mass pardons to ex-Confederate officials, to formerly polygamous Mormons, Vietnam War draft evaders, and so on without difficulty.