Constitutional legal scholar Randy Barnett admonished Democrats' rhetoric claiming democracy is at risk under the Trump administration when "the biggest constitutional scandal in US history" played out under the Biden administration with the use of the autopen.
"For all the talk of a ‘constitutional crisis' or threats to ‘our democracy’ having the executive branch systematically run by unknown subordinates of a mentally incompetent president is the biggest constitutional scandal in US history – it’s called into question the legality of official acts done in his name but without proper authority," Barnett posted to X Monday.
"Southern secession was a ‘constitutional crisis,’" Barnett added in a follow-up message Tuesday. "This is a constitutional scandal."
Barnett, a Georgetown University law professor who serves as the director of the Georgetown Center for the Constitution, was referring to an interview former President Joe Biden conducted with the New York Times defending his use of an autopen. Biden said he orally approved a long list of clemency and pardon actions at the end of his tenure, but that his aides used the autopen to officiate the actions. Read more and see video here.

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