In a recent Truth Social post, President Donald Trump declared several pardons issued by former President Joe Biden as “void, vacant, and of no further force or effect,” alleging they were authorized using an autopen without Biden’s direct knowledge. Trump specifically targeted pardons granted to members of the January 6th House Select Committee, asserting that these individuals “should fully understand that they are subject to investigation at the highest level.”
The controversy centers on the use of an autopen—a mechanical device that replicates a person’s signature—for signing official documents. While the autopen has been employed by U.S. presidents since at least the 19th century, its use has occasionally sparked debate. Notably, in 2005, the Department of Justice issued guidance affirming that documents signed by the president using an autopen hold the same legal weight as those personally signed.
Legal experts have weighed in on Trump’s assertions, indicating that there is no constitutional basis for a sitting president to nullify the pardons of a predecessor, regardless of the signing method employed. The longstanding acceptance of autopen-signed documents in official capacities further undermines the validity of Trump’s claims.
Among those pardoned by Biden were nine members of the House Select Committee investigating the January 6 Capitol riot, as well as figures like General Mark Milley and Dr. Anthony Fauci. Biden’s pardons were intended to protect these individuals from potential politically motivated prosecutions. In his statement, Biden emphasized that these public servants “have served our nation with honor and distinction and do not deserve to be the targets of unjustified and politically motivated prosecutions.”
The debate over the legitimacy of autopen-signed pardons may ultimately require judicial clarification. However, historical precedent and existing legal interpretations suggest that such pardons are constitutionally sound. As this situation unfolds, it underscores the complexities inherent in the interplay between technological practices and constitutional provisions.
Sources:
- Trump Claims (Legal) Autopen Usage Voids Biden Pardons
- Trump Dismisses Biden’s Preemptive Pardons as ‘Void’ for Niche Reason, Vows to Investigate Critics at ‘Highest Level’
- Trump Lays Groundwork for Investigating People Pardoned by Biden
- Trump says Biden’s autopen pardons are ‘void, vacant and of no further force or effect,’ vows probe of Jan. 6 House select committee
- Trump claims Biden pardons are ‘VOID,’ alleging they were signed via autopen
- Why Trump Can’t ‘Void’ Biden’s Pardons Because of Autopen
- Autopen explained: How Trump wants to disqualify Biden pardons
- Trump says Biden pardons are ‘void’ because they were signed by autopen
