Legal Experts Dismiss Trump’s Claim: Biden’s Autopen Pardons Are Valid

In a surprising social media post on Sunday night, former President Donald Trump asserted that the recent pardons issued by President Joe Biden are invalid. Trump claimed these pardons were executed using an Autopen, a device that replicates signatures, and that such action is not constitutionally supported.

Trump’s statements were made on his platform Truth Social, where he declared Biden’s pardons “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT.” He further insinuated that Biden lacked awareness regarding the pardons, despite not providing any evidence to support this claim.

Just prior to leaving office, Biden pardoned a group that included lawmakers involved in the investigation of the January 6, 2021, Capitol attack. Notable figures such as former health official Dr. Anthony Fauci and retired General Mark Milley also received pardons. Additionally, several family members were among those Biden pardoned before his term expired.

The use of Autopen in signing pardons carries its own historical context. A similar device was utilized by former President Barack Obama in 2011 for signing the Patriot Act extension. However, legal experts maintain that the use of this technology does not inherently invalidate the pardons issued under it.

Georgetown University law professor David Super criticized Trump’s arguments regarding the Autopen, labeling them as “absurd.” He clarified that the Constitution does not stipulate a signature for pardons. According to Super, a president could convey a pardon verbally without the need for any written documentation.

In a related discourse, the right-wing Heritage Foundation recently shared a graphic on social media, claiming a singular signature was evident on multiple pardons issued by Biden. Fox News supported this assertion, noting the resemblance of Biden’s signatures across various documents. The National Archives subsequently clarified that all official documents published originate from a “single graphic file,” as reported by Snopes.

Legal expert Kermit Roosevelt characterized Trump’s Autopen argument as a “red herring.” He indicated that Trump’s insinuation about Biden’s ignorance of the pardons would jeopardize their validity. Yet, Roosevelt expressed skepticism regarding the likelihood of Biden being unaware of the pardons, labeling such suggestions as typical of Trump’s pattern of raising unsubstantiated doubts.

During a press briefing, White House press secretary Karoline Leavitt reflected on Trump’s comments, suggesting a need for investigation into whether Biden was informed about the pardons and if his signature was employed without his consent. Leavitt emphasized that this is a significant issue worthy of scrutiny, although the White House did not respond regarding the Trump administration’s previous use of Autopen.