Trump Claims to Revoke Biden Pardons Signed with Autopen, But Legal Experts Say It’s Invalid
Donald Trump has asserted he is revoking pardons and commutations issued by President biden, specifically those he alleges were signed using an autopen – a mechanical device that replicates a signature. However, legal scholars maintain Trump’s declaration holds no legal weight.
During his presidency, Biden issued a record 4,245 acts of clemency, surpassing any US president since the beginning of the 20th century, according to the Pew Research Center. The vast majority of these were commutations (reductions in sentence), with only 80 individual pardons granted – the second-lowest number in recent history.Biden notably utilized “pardons by proclamation,” extending clemency to entire groups, including former military service members convicted under the now-repealed ban on gay sex, and individuals convicted of certain federal marijuana offenses.
The extent to which Biden employed the autopen for these actions remains unclear.
Despite Trump’s claims, experts say he lacks the authority to overturn previously issued pardons. Bernadette Miller,a constitutional law expert at Stanford University,explained to Al Jazeera via email that Biden’s pardons and commutations,even if autopen-signed,”remain valid.” She clarified that only executive orders – which have a limited lifespan and can be rescinded – could be undone by Trump.
This assessment is supported by PolitiFact, which notes a lack of any constitutional requirement for a pardon to be signed by hand and cites an 1869 judicial ruling establishing the finality of pardons once delivered.
Trump has specifically targeted pardons issued to legislators who investigated the January 6, 2021, attack on the US Capitol, labeling them “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT” due to thier alleged autopen signature. He and his allies view these Republicans, such as Liz Cheney and Adam Kinzinger, as disloyal for their involvement in the investigation into the 2020 election, despite repeated failures to demonstrate widespread fraud.
It’s crucial to note that Biden is not the first president to utilize signature-replicating technology. Thomas Jefferson used a polygraph in the 18th century, and John F. Kennedy employed a modern autopen in the 1960s. Barack Obama also used autopens on occasion. Legal memos from 1929 and 2005 further confirm that a president is not legally obligated to sign documents by hand.
