Trump Challenges Biden Pardons Over Autopen Use \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ Donald Trump has questioned the validity of Joe Biden’s pardons, claiming they are void due to autopen signatures. Trump offered no evidence, but conservative media and think tanks have echoed similar concerns. Legal experts maintain that autopen use for presidential pardons is constitutional and not unprecedented.
Trump Questions Biden Pardons Quick Looks
- Trump claims Biden’s Jan. 6 pardons are void.
- Accuses Biden of using an autopen signature.
- No constitutional requirement that pardons be hand-signed.
- Biden’s pardons included committee members investigating Jan. 6.
- Legal experts confirm autopen use is allowed for presidents.
- The Heritage Foundation highlights autopen findings.
- Trump admits using autopen for non-official letters.
- Obama famously used autopen to sign legislation in 2011.
- The Jan. 6 pardons shielded lawmakers from Trump’s retaliation.
- No evidence provided by Trump or conservative groups.
Deep Look
Former President Donald Trump has sparked controversy by claiming that President Joe Biden’s pardons, particularly those related to lawmakers and staff involved in investigating the January 6, 2021, Capitol attack, are invalid. Trump’s reasoning? He asserts that Biden used an autopen to sign them rather than personally putting pen to paper. In a fiery, all-caps post on his social media platform, Trump insisted that these pardons “have no force” and are void. Despite his bold accusations, neither Trump nor the White House has provided any evidence to support the claim.
An autopen is a mechanical device designed to replicate a person’s exact signature using a pen guided by a programmed arm. Presidents — including Trump himself — have relied on autopen machines for decades, particularly for routine or ceremonial correspondence. Trump admitted to using the device but claimed it was only for “very unimportant papers,” like letters to young people or constituents. He expressed outrage at Biden allegedly using an autopen for something as significant as presidential pardons, calling it “disgraceful.”
The controversy was ignited by the Oversight Project at the conservative Heritage Foundation, which reviewed thousands of documents bearing Biden’s signature and found that many, including pardons, were signed with an autopen. Mike Howell, the project’s executive director, raised constitutional questions, arguing that the power to pardon cannot be delegated to a machine. He also pointed out instances where pardon documents were marked as signed in Washington on dates when Biden was reportedly elsewhere.
However, legal experts and historical precedent challenge Trump’s claims. The Constitution grants the president broad clemency powers without stipulating how pardons must be executed. A 2005 Justice Department opinion confirmed that presidents can use an autopen for official acts, including signing legislation. In fact, President Barack Obama famously became the first to do so in 2011 when he used an autopen to sign an extension of the Patriot Act while he was in France. Additionally, guidance dating back to 1929 from the solicitor general to the attorney general states that “neither the Constitution nor any statute prescribes the method by which executive clemency shall be exercised or evidenced.”
Despite Trump’s outcry, the use of autopen signatures for pardons is not illegal or unprecedented. According to the U.S. Court of Appeals for the Fourth Circuit, there is no requirement in the Constitution that a presidential pardon must be written or personally signed by hand. Carl Tobias, a law professor at the University of Richmond, pointed out that Biden’s statements accompanying the pardons make it clear that they were official acts.
Biden’s preemptive pardons were issued to lawmakers and staff connected to the Jan. 6 congressional committee, protecting them from potential retaliation or prosecution by Trump or his allies. Trump remains bitter over the investigations and subsequent prosecutions linked to the events of January 6. Although the Justice Department case against him was ultimately dismissed after his reelection, the bitterness lingers, and the issue of autopen signatures has become a convenient tool for Trump to discredit Biden’s actions.
Interestingly, Trump himself made significant use of his clemency powers during his presidency. At the start of his term, he issued a sweeping proclamation that pardoned or commuted the sentences of over 1,500 individuals charged in connection with the Capitol riot. This large-scale use of clemency highlights the broad and discretionary power presidents hold in issuing pardons and commutations.
Presidential use of the autopen is far from scandalous. In addition to legislation and ceremonial letters, autopen signatures are a common feature of presidential correspondence. During the Ford administration, both President Gerald Ford and First Lady Betty Ford relied on autopens to sign letters and photos sent to the public. These machines have been part of White House operations for decades, offering an efficient solution to the sheer volume of documents requiring the president’s signature.
In the end, Trump’s objections appear to be more political theater than constitutional crisis. While conservative groups and media continue to push the narrative of invalid pardons, legal precedent and historical practice firmly support the president’s ability to use an autopen. The political undertone is clear — Trump remains frustrated over the investigations into his role in the events of January 6 and continues to seek avenues to challenge Biden’s authority.
Trump Challenges Biden
