In a series of late-night social media posts, President Donald Trump asserted that pardons issued by former President Joe Biden are invalid because they were signed using an autopen—a device that replicates a person’s signature mechanically. Trump claimed that such signatures render the pardons “void” and suggested that Biden’s staff may have acted without his knowledge, potentially constituting criminal behavior.
Trump contended in a late-night Truth Social post that Biden’s pardons are “hereby declared VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT” and that the “necessary Pardoning Documents were not explained to, or approved by, Biden.”
The use of autopen signatures by presidents is not unprecedented. Historically, presidents including Thomas Jefferson, George W. Bush, and Barack Obama have utilized autopens for official documents. A 2005 Department of Justice statement supports the legality of autopen usage for official signatures. Additionally, a 1929 Justice Department opinion stated that the president can choose the method to issue pardons, and recent rulings have affirmed that presidential pardons do not need to be personally signed.
Biden’s pre-emptive pardons included individuals such as Dr. Anthony Fauci, members of the January 6 committee—including Liz Cheney and Adam Kinzinger—and certain family members. These pardons were intended to protect them from potential prosecutions by the incoming Trump administration. Cheney and Kinzinger have dismissed Trump’s claims, asserting they did nothing wrong.
Legal experts note that there is no constitutional basis for a sitting president to nullify pardons issued by a predecessor. The use of an autopen does not inherently invalidate a pardon, as long as it reflects the president’s intent. Trump’s assertions have raised concerns about potential investigations into those who were pardoned, signaling a possible escalation in challenging the legal norms of pardons granted by previous administrations.
The White House press secretary, Karoline Leavitt, faced questions regarding evidence to support Trump’s claims. In a press briefing, when asked about the validity of Trump’s assertion that Biden’s pardons were invalid due to autopen usage, Leavitt deflected the question back to reporters, urging them to investigate the matter further.
“I am not afraid of Trump’s latest midnight rant that has no basis in reality,” said Rep. Bennie Thompson (D-Miss.), who chaired the committee, in a statement provided to Axios.