Trump Says Biden’s Pardons Void by His Use of Autopen

WASHINGTON — President Donald Trump wrote on social media Sunday night that he no longer considers the pardons granted by his predecessor valid because they were signed with an autopen.

He was referring to a wave of preemptive pardons former President Joe Biden granted in the final hours of his presidency.

They included members of his own family and the House committee that investigated the Jan. 6, 2021, insurrection at the Capitol. The committee’s report accused Trump of inciting a riot as part of an attempt to block Biden’s 2020 presidential victory.

“The ‘Pardons’ that Sleepy Joe Biden gave to the Unselect committee of Political Thugs, and many others, are hereby declared VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT, because of the fact that they were done by Autopen,” Trump wrote on his social media site Truth Social. “In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them!”

Autopens are electric devices with motorized arms used for the quick and automatic signing of signatures. They are used commonly by government and corporate officials who are called upon to sign documents frequently.

They have been used by U.S. presidents to sign legislation since 2011, when former President Barack Obama used one to sign an extension of the Patriot Act.

Although the U.S. Constitution gives presidents the power to pardon accused wrongdoers, it does not convey authority to revoke pardons from other presidents. In addition, no case law from court judgments supports a president’s authority to eliminate a pardon, according to legal experts.

Trump said shortly after his reelection that he believed the government officials who accused him and his top advisors of criminal behavior should be prosecuted and jailed.

He did not say he planned to pursue criminal charges against the persons Biden pardoned but would not rule out the possibility.

He said the members of the House Jan. 6 committee would be “subject to investigation at the highest level.”

Trump opponents pardoned by Biden included former Rep. Liz Cheney, R-Wyo., Gen. Mark A. Milley and Dr. Anthony S. Fauci.

The president did not cite which constitutional provisions would give him a right to revoke pardons.

When asked Sunday by the news media whether all legislation Biden signed would be rendered void by his use of autopens, Trump reportedly said, “It’s not my decision. That would be up to a court. But I would say that they’re null and void, because I’m sure that Biden didn’t have any idea that it was taking place.”

Trump’s assertion that use of an autopen renders Biden’s pardons void appears to conflict with 2005 Justice Department guidance on a president’s signing authority.

The Justice Department said a 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 I, Section 7 by directing a subordinate to affix the president’s signature to such a bill, for example by autopen,” the explanation said.

Trump’s threat to void pardons and to investigate members of the House Jan. 6 committee brought angry responses from lawmakers who could be in the president’s crosshairs.

Sen. Adam Schiff, D-Calif., said in a post on X that he refused to be intimidated.

“The members of the Jan. 6 committee are all proud of our work,” Schiff wrote. “Your threats will not intimidate us. Or silence us.”

Former Rep. Adam Kinzinger, R-Ill., wrote on X, “Donald, bring it. I’m so tired of your victimy whiney belly aching crap. You friggin won and you STILL are complaining all the time. BRING IT YOU SMALL LITTLE BOY.”

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