President Trump has declared all pardons signed by Joe Biden using an autopen to be null and void, potentially exposing former Jan. 6 Committee members and others to investigation despite their supposed legal immunity.
Key Takeaways
- President Trump has declared Biden’s pardons “void, vacant, and of no future force of effect” due to alleged autopen use rather than personal signatures
- Trump claims Biden was unaware of pardons issued in his name, suggesting possible criminal conduct by those who processed the pardons
- Former Jan. 6 Committee members, Dr. Anthony Fauci, and General Mark Milley are among those whose pardons are being questioned
- Missouri Attorney General Andrew Bailey has called for a DOJ investigation into the constitutionality of autopen-signed pardons
- The ultimate decision on pardon validity will likely be determined by the courts
Constitutional Challenge to Biden’s Pardons
President Donald Trump has mounted a serious challenge to the validity of pardons issued during the final days of Joe Biden’s administration. In a strongly worded statement, Trump declared that all pardons signed by Biden using an autopen device instead of his own hand are constitutionally invalid. The controversy centers on presidential pardons issued to several high-profile individuals, including members of the House January 6 Select Committee, Dr. Anthony Fauci, and former Joint Chiefs Chairman General Mark Milley, before Biden left office in January.
“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,” Trump wrote on his Truth Social platform. The President’s declaration represents an unprecedented challenge to the permanence of presidential pardons, which historically have been considered irrevocable once granted.
Questions About Biden’s Awareness
Central to Trump’s argument is the claim that Biden, at age 82, was not mentally competent to understand or approve many of the pardons issued in his name. Trump suggests that staffers, possibly working with the pardon recipients themselves, orchestrated the pardons without Biden’s meaningful participation or understanding. This accusation directly challenges the constitutional requirement that pardons represent the considered judgment of the President himself, not his subordinates.
“He knew nothing about them, and the people that did may have committed a crime,” Trump stated in his social media post regarding the pardons. “In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them! The necessary Pardoning Documents were not explained to, or approved by, Biden.”
The controversy has been further fueled by reports from former Biden staffers who raised concerns about decision-making processes in the final months of his administration. One former aide, speaking anonymously, told reporters: “I feared no one as much as I feared that [staffer]. To me, [the staffer] basically was the president. No one ever questioned [the staffer]. Period.”
— The Blue Collar Intellectual (Julian) (@JulianAcciard1) March 16, 2025
Legal Implications and Investigations
Missouri Attorney General Andrew Bailey has joined Trump in questioning the legality of Biden’s pardons, calling for a Department of Justice investigation into whether autopen signatures on presidential pardons meet constitutional requirements. The Oversight Project, affiliated with the Heritage Foundation, has compiled evidence suggesting Biden’s signature on numerous official documents showed suspicious consistency, potentially indicating autopen use on critical presidential authorizations.
“The prolific use of autopen by the Biden White House was an instrument to hide the truth from the American people as to who was running the government,” said Mike Howell, executive director of the Oversight Project at the Heritage Foundation.
Trump’s challenge could have far-reaching implications for those who believed themselves protected by Biden’s pardons. “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,” Trump warned in his statement. The President indicated that courts would ultimately determine the validity of the pardons in question.
Potential Precedent-Setting Decision
Legal experts note that while presidents have used autopens for routine documents for decades, their use for constitutional powers like pardons raises serious questions. The controversy is complicated by reports that Trump himself may have used autopens during his first term, though Trump has denied this. Some observers point out that the constitutional requirement for the President to sign pardons personally stems from the gravity of the power to overturn judicial decisions.
Biden’s last-minute pardons included his son Hunter Biden, several political allies, and nearly 2,500 people convicted of non-violent drug offenses. If Trump’s challenge succeeds, it would represent a significant realignment of presidential pardon power and could expose numerous individuals to legal jeopardy they believed they had escaped. The matter now appears destined for the courts to decide whether a mechanical signature can fulfill the constitutional requirements for exercising one of the presidency’s most solemn powers.
Sources:
- Trump claims Biden pardons for Jan. 6 committee ‘void, vacant’ – ABC News
- Trump says Biden’s autopen pardons are now ‘void, vacant and of no further force or effect,’ vows probe of Jan. 6 House select committee
- Trump says Biden’s pardons are now ‘void and vacant’ after autopen controversy
- Trump declares Biden’s ‘autopen’ pardons for J6 committee, Fauci, others are ‘VOID’ | Blaze Media
