‘You Guys Are Missing the Point!’ Scott Jennings Battles CNN Panel Over Biden ‘Autopen’

CNN’s Scott Jennings battled a panel mostly dismissing Republican calls for a Department of Justice investigation into former President Joe Biden’s use of an autopen to sign certain official documents.

The Republican-led House Oversight Committee alleged in a new report that some of Biden’s pardons and orders may be “illegitimate,” accusing the president of not being aware of some documents his name was attached to due to “cognitive decline.”

On Tuesday’s The Arena, CNN legal analyst Elliott Williams called usage of autopens “commonplace,” noting he had one when he worked at Immigration and Customs Enforcement.

“Did you allow people to use the name Elliott Williams without your knowledge of the document or what was on the page?” Jennings asked.

“I don’t recall,” Williams said.

“I’m asking you, if you were a government official and you had an autopen, which you did, would you let some staffer sign things in your name without reading it?” Jennings asked.

“Here’s the question: was my authority delegated to that person, and I think they do have the authority to do so,” Williams said.

The pair sparred back and forth until Kasie Hunt brought up guidance from the administration of former President George W. Bush, which stated that a president does not need to physically sign his own name to a document to make it legitimate.

“You guys are missing the point! The allegation is Joe Biden had no idea that his signature was being affixed to certain things. And if that’s true, it is a valid question,” Jennings told Hunt and Williams.

Williams called it a “valid question,” but argued there is likely little worth credibly investigating, while Democratic strategist Mo Elleithee argued there is solid “no evidence” Biden was not aware of the documents carrying his signature.

Check out the full exchange below:

ELLIOTT WILLIAMS: I had an auto pen when I worked at ICE.

KASIE HUNT: I’m sorry, Elliott Williams, you were important enough to have an auto-pen? I’m so impressed.

WILLIAMS: I am important, Kasie. But no, so it’s commonplace.

SCOTT JENNINGS: Did you allow people to use the name Elliott Williams without your knowledge of the document or what was on the page?

WILLIAMS: I don’t recall.

JENNINGS: I’m asking you, if you were a government official and you had an autopen, which you did, would you let some staffer sign things in your name without reading it?

WILLIAMS: Here’s the question: was my authority delegated to that person and I think they do have the authority to do so. Laws and regulations, and I’m serious, Scott, laws and regulation —

JENNINGS: The authority to deletage pardons and executive orders? The president of the United States can say, you unelected staffer, can go sign my name on a document that I’ve never seen for a decision that I have never made?

WILLIAMS: Quite often, the United States code delegates authority. So through the president of the United States, through the attorney general, whatever else, X person can carry out a function. And certainly, that could be the case. Now, Donald Trump, for instance, in his first term, pardoned like 1,600 people, and I have a hard time believing that he was aware of every single person that he pardoned. One could make a challenge. Every president does this. Now, hold on. If it’s a question about Biden’s fitness for office, did he know what he was doing? Of course, raise that question. But I just. One, given how vast the pardon power is, and two, given how comprehensive the use of auto pens are across administrations, I have a hard time seeing a legal challenge.

JENNINGS: Nobody can be delegated the pardon power. It is a constitutional power. And I don’t really think you can delegate the executive order power here because the executive has to make the order.

HUNT: So, Scott, the president, George W. Bush, and forgive me, I’m doing some research here in real time, but we are on justice.gov, Office of Legal Counsel, date of issuance, July 7th, 2005, so this is the Bush administration, they ask whether the president may sign a bill by directing that his signature be affixed to it. And the Justice Department says yes, the President need not personally perform the physical act of affixing his signature to a bill he approves and decides to sign in order for the bill to become law, rather the President may sign a bill. Within the meaning of Article 1, Section 7, by directing a subordinate to affix the President’s signature to such a bill, for example, by autopen.

JENNINGS: The issue is not the use of the autopen. The issue was the last thing you said, directing someone, the president making a decision. What Comer and the guys over at Oversight have found is that there’s no clear evidence that Joe Biden personally made the decision that only a president.

WILLIAMS: Well, that’s a fair question, but signing legislation is as much a presidential power as issuing pardons is, right? They’re both in the Constitution. The president has the power to execute legislation, has the power to pardon. If, as is the case with George W. Bush, he can delegate the signing of legislation.

JENNINGS: You guys are missing the point! The allegation is Joe Biden had no idea that his signature was being affixed to certain things. And if that’s true, it is a valid question. If the president doesn’t personally make a decision —

WILLIAMS: I think it’s perfectly a valid question, but I’m just saying the notion of presidents delegating their authority —

JENNINGS: The president’s not a figurehead.

WILLIAMS: Even on constitutionally mandated powers, the president can delegate his authority, and that might have been the case here.

ELLEITHEE: : It’s an allegation that you say there’s no evidence. There’s no evidence that supports that allegation.

Watch above via CNN.