On Monday, March 17, U.S. President Donald Trump declared that all pardons issued by former President Joe Biden in his final hours in office are null and void, claiming they were executed without Biden’s knowledge or approval.
Trump alleged that Biden’s last-minute pardons were authorized using an autopen, a device that replicates a person’s signature, rather than being personally signed by Biden. He further suggested that those responsible for the actions may have committed a crime.
Trump’s Statement on Truth Social
In a post on his social media platform Truth Social, Trump wrote: “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 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 also accused Biden’s associates of acting without his authorization and called for a high-level investigation.
“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.”
He further suggested that those involved in the House Select Committee’s investigation into the January 6 Capitol attack should be investigated: “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 Controversial Pardons
Before leaving office, Biden issued a series of high-profile pardons, including preemptive pardons for:
- His family members – 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 Select Committee that investigated the January 6 attack.
Biden defended these pardons, stating that his family had faced “unrelenting attacks and threats” driven by partisan politics. His actions were widely seen as an attempt to shield key figures from potential legal action under Trump’s administration.
Legal Controversy Over Autopen Use
Trump’s claim that autopen-signed pardons are invalid is unprecedented. The autopen has been used since the 1950s for signing official documents when a president or high-ranking official is unavailable in person.
Several U.S. presidents, including Biden and his predecessors, have used the autopen for signing:
- Legislation
- Executive orders
- Military commissions
While courts have upheld the legality of autopen-signed documents, legal experts note that its use for presidential pardons remains a legal grey area.
As of now, there is no definitive court ruling on whether a pardon signed by autopen, without the direct knowledge or approval of a sitting president, holds legal validity.
