Trump declares Biden's pardons invalid due to autopen signatures
Trump is challenging Biden’s pardons, claiming they’re void because they were signed with an autopen. But legal experts say history is not on his side. Could this latest controversy reshape presidential pardon powers?
Former President Donald Trump has asserted that the pardons issued by ex President Joe Biden to members of the January 6 Committee are invalid because they were signed using an autopen rather than by Biden personally. Trump contends that this method of signature renders the pardons void.
Legal precedents and Presidential tradition undermine Trump’s claims
However, legal precedents contradict Trump's claims. The U.S. Department of Justice ruled in 1929 that the method of a president's signature does not affect the legality of pardons. Additionally, a federal appeals court ruled last year that pardons do not need to be in writing.
The use of autopen for official documents has been a longstanding practice among U.S. presidents. Even Trump acknowledged using it for less significant documents during his tenure. The Heritage Foundation's Oversight Project recently discovered that many documents signed by Biden, including these pardons, utilized autopen signatures.
Trump challenges pardons, but legal experts dismiss his claims
Trump's objections are particularly focused on the individuals pardoned, including members of the January 6 Committee and figures like Dr. Anthony Fauci. He argues that these pardons were issued without Biden's direct knowledge or approval due to the use of the autopen.
Despite Trump's assertions, there is no constitutional basis for a future president to nullify past pardons. Legal experts and historical practices support the validity of autopen-signed pardons under executive powers.