In a striking assertion of executive authority, President Donald Trump has declared that pardons issued by President Joe Biden in his final days in office are “void” due to their alleged signing via autopen rather than by Biden’s own hand. This extraordinary claim challenges longstanding presidential practices and raises significant constitutional questions about the transfer of power.

“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. In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them!” Trump wrote in a post on his social media platform, Truth Social.

Trump went beyond merely questioning the validity of the signatures, suggesting potential criminal activity by those who may have facilitated the pardons without Biden’s knowledge.

“The necessary Pardoning Documents were not explained to, or approved by, Biden. He knew nothing about them, and the people that did may have committed a crime,” Trump continued in his post. “Therefore, those on the Unselect Committee, who destroyed and deleted ALL evidence obtained during their two year Witch Hunt of me, and many other innocent people, should fully understand that they are subject to investigation at the highest level.”

Biden’s wide-ranging pardon recipients

The controversy centers on a series of preemptive pardons Biden issued during his final days in office. The pardons covered several categories of individuals:

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• Biden family members, including his brothers James and Francis Biden, sister Valerie Biden Owens, and their spouses
• Dr. Anthony Fauci, former Director of the National Institute of Allergy and Infectious Diseases
• Retired General Mark Milley, former Chairman of the Joint Chiefs of Staff
• Members of the House committee that investigated the January 6 Capitol attack

When issuing the family pardons, Biden stated they were necessary because his relatives had been “subjected to unrelenting attacks and threats, motivated solely by a desire to hurt me—the worst kind of partisan politics.”

Legal questions about autopen validity

Trump’s claim that autopen use invalidates pardons represents an unprecedented legal challenge. The autopen—a mechanical device that reproduces a person’s signature—has been used by multiple presidents for decades to sign legislation, executive orders, and other official documents when they are unable to sign in person.

While legal experts have generally accepted the validity of autopen signatures on official documents, the specific application to presidential pardons lacks extensive judicial testing. This creates potential ambiguity that could be exploited in legal challenges.

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Constitutional implications

The situation raises fundamental questions about presidential pardon power and the peaceful transfer of authority between administrations. If a new president could unilaterally invalidate pardons issued by their predecessor based on procedural technicalities, it would represent a significant departure from historical norms around executive authority.

As this controversy unfolds, legal scholars and constitutional experts will likely be watching closely to see whether Trump’s declaration represents mere political rhetoric or the beginning of a serious attempt to prosecute individuals who had believed themselves protected by Biden’s pardons.

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