BY Benjamin ClarkMarch 18, 2025
4 months ago
BY 
 | March 18, 2025
4 months ago

Trump disputes Biden's pardons, citing autopen use

President Donald Trump raised concerns about the validity of pardons issued by his predecessor in the final days of the Biden administration.

According to Fox News, Trump claimed that pardons granted by former President Joe Biden to members of the January 6 House Select Committee and others should be considered "void" because they were allegedly signed using an autopen rather than by Biden himself.

The controversy centers around pardons Biden announced on January 20, his final day in office. Trump further alleged that Biden was unaware of the pardons that were issued in his name.

These pardons covered several high-profile individuals including General Mark A. Milley, Dr. Anthony Fauci, members of the January 6 Select Committee, and Capitol Police officers who testified before the committee.

Trump's social media declaration about Biden pardons

Trump made his allegations in a post on Truth Social, his preferred social media platform. The post emphatically declared the pardons "VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT" based on his claim they were processed via autopen.

In his post, Trump further alleged that Biden "did not know anything about them" and that the pardoning documents "were not explained to, or approved by, Biden." This suggests Trump believes there may have been improper handling of the presidential pardon process during the final days of the Biden administration.

Trump went on to warn those who received the pardons, particularly members of the January 6 Committee, that they could still face investigation. He specifically referenced committee members who he claims "destroyed and deleted ALL evidence obtained during their two year Witch Hunt."

Autopen controversy follows recent report questioning White House practices

The autopen allegations follow recent claims from the Heritage Foundation's Oversight Project about Biden's signature patterns. The organization stated they had analyzed numerous documents with Biden's signature throughout his presidency.

The Oversight Project claimed that nearly all documents they examined appeared to use the same autopen signature. They specifically noted that an announcement regarding Biden dropping out of the presidential race last year was the exception to this pattern.

When questioned about the validity of Biden's autopen-signed executive orders and pardons while aboard Air Force One, Trump responded cautiously. He indicated that while he personally believes they might be invalid, the final determination "would be up to a court."

This aligns with long-standing questions about presidential authority and the legitimacy of documents signed by autopens. The practice has been used by previous administrations, though typically for ceremonial documents rather than legally significant ones like pardons.

Biden's January pardons aimed at protecting officials from "politically motivated prosecutions"

When Biden announced the pardons on January 20, his final day in office, he characterized them as necessary protections for public servants who had been targeted unfairly:

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 White House has now responded to Trump's claims about autopen usage. According to the administration, Trump does not use autopens for legally binding documents, drawing a contrast with the previous administration's practices.

These developments add another layer to the ongoing tensions between the Trump and Biden camps. The question of whether pardons signed via autopen hold legal weight could potentially become a significant legal issue if challenged in court.

Presidential power and pardon authority at stake

The controversy raises fundamental questions about presidential powers and the protocols surrounding official acts like pardons. Presidential pardons are typically considered absolute once issued, with few exceptions or limitations.

If Trump's claims about the autopens were substantiated and brought before a court, it could create unprecedented legal questions about the validity of presidential actions. The core issue would likely center around whether a pardon requires the president's direct knowledge and physical signature to be valid.

Legal experts have previously debated whether autopens can be legitimately used for official presidential documents. While they've become common for signing routine correspondence and ceremonial items, their use for constitutional powers like pardons is more controversial.

Final word remains with judicial system

President Donald Trump has publicly challenged the legitimacy of pardons issued in the final hours of the Biden administration, claiming they were processed via autopen without Biden's knowledge or consent.

The controversy specifically affects high-profile figures including members of the January 6 Select Committee, General Mark Milley, Dr. Anthony Fauci, and Capitol Police officers. While Trump has declared the pardons "void," he acknowledged that courts would ultimately need to decide their validity, creating potential uncertainty for those who believed they had received presidential clemency.

Written by: Benjamin Clark

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