Trump Declares Biden’s Last-Minute Pardons Null and Void Citing Use of Autopen

U.S. President Donald Trump repudiated his predecessor’s last-minute pardons null, declaring them, and devoid of legal standing. His assertion challenges over a century of legal precedent surrounding presidential clemency.

Allegations of Unauthorized Approval

In a Truth Social post, Trump argued that Biden’s use of an autopen invalidated the pardons. His claim aligns with conservative groups asserting that identical signatures on multiple documents suggest Biden did not personally authorize them.

Legal Precedent and Executive Power

Presidential pardons have historically been one of the most unassailable executive authorities. Trump acknowledged that courts would ultimately rule on the matter but hinted at potential Justice Department action against political opponents.

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High-Profile Figures Among Those Pardoned

Biden’s pardons included former Representative Liz Cheney, retired General Mark Milley, and Dr. Anthony Fauci—figures Trump had previously vowed to prosecute. Their inclusion fuels speculation about political motivations behind Trump’s challenge.

Trump’s Statement on the Issue

“It’s not my call—courts will decide—but I’d say they’re void,” Trump stated aboard Air Force One. He added, “Biden likely had no knowledge of this, and someone used an autopen.” Trump expressed doubt about Biden’s involvement, emphasizing the use of an autopen. His comments suggest skepticism over the validity of the pardons.

Historical Interpretation of Pardon Authority

A 2024 appeals court ruling reaffirmed that presidential pardons do not require written authorization. Similarly, a 1929 Justice Department opinion stated that neither the Constitution nor federal statutes dictate how clemency is granted.

Past Use of the Autopen and Controversy

The George W. Bush administration defended the autopen’s use, citing longstanding presidential reliance on the device. However, its deployment remains contentious, raising concerns over whether presidents personally approve crucial decisions.