Former President Donald Trump has declared that the pardons issued by President Joe Biden are “void, vacant, and of no further force or effect,” alleging they were authorized using an autopen—a device that replicates signatures mechanically—without Biden’s direct knowledge.
Trump’s assertions center on the claim that Biden was unaware of the pardons, suggesting that the autopen usage invalidates them. Among those pardoned were individuals such as Dr. Anthony Fauci, General Mark Milley, and former Representatives Liz Cheney and Adam Kinzinger.
It’s important to note that the use of an autopen for official signatures, including pardons, has precedent and is legally recognized. Past administrations, such as those of Presidents George W. Bush and Barack Obama, have utilized autopens for various official documents. Legal experts generally affirm that the president’s clemency powers are broad and that the method of signature does not inherently invalidate a pardon.
The controversy stems from a report by the Heritage Foundation’s Oversight Project, which alleged that many of Biden’s official documents were signed using an autopen, raising questions about his awareness of the content. This has led figures like Missouri Attorney General Andrew Bailey to call for a Justice Department investigation, expressing concerns over potential misuse of the autopen.
While Trump’s challenge to these pardons is unprecedented, the legal community remains skeptical about its success, given the established acceptance of autopen usage for presidential actions. The situation underscores ongoing political tensions and debates over the boundaries of executive authority.
