In a tumultuous turn of events, former President Donald Trump has claimed that all pardons issued by President Joe Biden are "void" due to the alleged use of an autopen in their signing. In a series of posts on the social media platform Truth Social, Trump sowed doubt about the legitimacy of Biden's pardons, which were notably granted on January 19, 2025, the last day of Biden's presidency.
On March 17, 2025, Trump asserted that President Biden did not provide consent or even know about the pardons that were given, particularly targeting those issued to the nine members of the House select committee who investigated the January 6 insurrection. “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 declared in his post.
During an appearance aboard Air Force One on March 16, Trump reiterated that whether the pardons will hold will ultimately be up to a court, emphasizing, “It’s not my decision; that’ll be up to a court.” His comments come in the wake of discussions suggesting that Biden’s autopen signature could cause complications and legal uncertainties surrounding these pardons.
These pardons included several politically sensitive figures, such as Dr. Anthony Fauci and General Mark Milley, alongside lawmakers from the House committee that investigated the Capitol riots. Observers note that the last-minute pardons seem aimed at protecting individuals who might face scrutiny under an incoming Trump administration. This has sparked controversies around their legitimacy, especially considering Trump's prior warnings of pursuing these figures legally.
Additionally, Trump's scorn for the pardons emphasizes his belief that the House committee members could now face serious investigation challenges. In his rhetoric, he conveyed that those involved in the panel should now be aware they are not shielded under the clemency granted by Biden.
Amidst this political maelstrom, reports from right-wing think tank the Heritage Foundation have challenged the legitimacy of Biden's signatures, claiming that nearly every document used an autopen for signing. This raises questions about compliance with protocols surrounding presidential actions. In contrast, a Fox News examination of Trump’s own presidential orders found that there are also inconsistencies and similarities in signatures throughout his terms.
Legal insights provided by CNN indicate that although the president has the executive power to pardon individuals, these powers cannot easily be rescinded by a subsequent president. A legal opinion from the Bush administration adds weight to the argument, affirming that autopen signatures have been historical practice among previous presidents.
Trump's remarks have thrown more than a century of established law regarding pardons into potential jeopardy. His statement insinuating the notion that the members on the House committee would be subjected to investigations finds precedence in his combative approach toward those he views as political adversaries. As Trump himself pointed out, there is a sense of urgency in addressing those pardoned because they are no longer under any presumptive legal safety net.
The former president’s rhetoric has not only stoked his base but has also prompted conversations about the constitutionality of the pardons and whether they were imparted with true intent or genuine authorization. The implications of Trump’s assertions could change the landscape for those who benefitted from Biden’s last-day clemency, igniting further political tensions moving forward.
As this narrative evolves, both the Democratic and Republican camps will closely watch the unfolding legal and political ramifications of this dispute. Trump’s emphasis on the concept that a president’s actions can be overturned due to technicalities surrounding their execution could set a precedent that emboldens or inhibits future administrations depending on their political alignments.
This situation adds another layer to the increasingly complex challenges around party unity and governance as the nation prepares for the next electoral cycle, potentially reshaping the relationship and dialogue between the two major political parties. The issues raised by Trump’s 'void' claims could resonate well beyond current proceedings, inducing discussions about the powers vested in the presidential office.
