BY Benjamin ClarkMarch 17, 2025
19 hours ago
BY 
 | March 17, 2025
19 hours ago

Trump Declares Biden's Pardons Null Due to Autopen Use

A new dispute emerges between former President Donald Trump and President Joe Biden over the legitimacy of presidential pardons issued to January 6 committee members.

According to Newsweek, Trump declared Biden's recent pardons "void, vacant and of no further effect," claiming they were signed using an autopen device without the president's direct knowledge or approval.

The controversial statement emerged after Biden issued preemptive pardons to protect January 6 committee members Dr. Anthony Fauci and retired General Mark Milley from potential prosecution under a second Trump administration.

These protective measures were implemented during Biden's final days in office, reflecting growing concerns about potential retribution against Trump's critics.

Legal battle looms over presidential pardon validity

Trump's challenge to Biden's pardons centers on the use of an autopen, a mechanical device that replicates handwritten signatures.

The Heritage Foundation's Oversight Project has amplified these concerns, suggesting that Biden's apparent cognitive decline may have led to unauthorized pardons being issued without his direct involvement or understanding.

A February 2024 federal appeals court ruling established that presidential pardons do not require written documentation. This precedent potentially undermines Trump's argument about the autopen invalidating the pardons. Legal experts continue to debate the implications of this ruling on the current dispute.

Trump's own actions regarding pardons have drawn attention, as he issued over 1,500 pardons and commutations to January 6 defendants upon returning to office. This massive wave of clemency contrasts sharply with Biden's targeted approach to protecting specific individuals from potential prosecution.

Key figures respond to escalating tensions

Trump took to Truth Social to express his position on the matter. He wrote:

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 they were done by Autopen. In other words, Joe Biden did not sign them, but more importantly, he did not know anything about them!

Biden defended his actions in a January statement:

The Select Committee fulfilled this mission with integrity and a commitment to discovering the truth. Rather than accept accountability, those who perpetrated the January 6th attack have taken every opportunity to undermine and intimidate those who participated in the Select Committee in an attempt to rewrite history, erase the stain of January 6th for partisan gain, and seek revenge, including by threatening criminal prosecutions.

Political implications of the pardon controversy

Academic experts have weighed in on the potential consequences of Trump's stance. Guy Grossman, a professor at the University of Pennsylvania, suggests that voiding Biden's pardons could create a dangerous precedent, potentially allowing future Democratic presidents to invalidate Trump's pardons.

The Oversight Project's executive director, Mike Howell, has supported Trump's position, calling for scrutiny of Biden's executive actions. This alignment between Trump and conservative think tanks indicates a coordinated effort to challenge Biden's late-term decisions.

The Department of Justice may face pressure to investigate Trump's claims about the January 6 committee's alleged destruction of evidence. These developments suggest an escalating conflict between the current and former administrations over executive authority and accountability.

Current state of the presidential power struggle

Recent developments highlight a deepening rift between Trump and Biden's approaches to executive power.

While speaking to reporters aboard Air Force One, Trump acknowledged that courts would ultimately decide the validity of Biden's pardons, stepping back from his initial definitive stance.

The controversy extends beyond just the pardons, touching on broader questions about presidential authority, delegation of power, and the proper use of administrative tools like the autopen. These issues may require judicial clarification as the political situation continues to evolve.

Future implications and next steps

The dispute over Biden's pardons awaits potential court intervention to determine their validity. Trump's Justice Department might pursue investigations into former January 6 committee members despite their pardons, setting up future legal battles.

These developments occur amid ongoing political tensions and questions about presidential authority. Resolving this conflict could establish important precedents for future presidential pardons and executive actions.

Written by: Benjamin Clark

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