Key Takeaways:

• Trump alleges that Joe Biden's pardons for members of the January 6 committee are invalid due to autopen use.
• Legal experts argue that there is no basis in law for Trump's claims, asserting the pardons are legitimate.
• The autopen has been used by several presidents without legal complications, raising questions about Trump's assertions.

In a late-night post on Truth Social, former President Donald Trump claimed that the last-minute pardons issued by his predecessor, Joe Biden, for members of the January 6 committee and others are “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT.” Trump based this assertion on the belief that Biden signed the pardons using an autopen, a machine that replicates a person’s signature automatically.

Trump's statement follows allegations from conservative groups, including the Heritage Foundation, that Biden's use of the autopen during his presidency raises questions about the validity of certain official documents. In his social media post, Trump suggested that Biden did not personally authorize the pardons: “In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them!” Trump stated.

However, legal experts refute Trump's claims, emphasizing that the clemency power granted to presidents under Article II of the Constitution is broad and virtually unfettered. The constitutional basis for a president's pardon power does not stipulate a requirement for personal signatures, as noted by legal scholars like Jody Crouch from American University.

Indeed, historical precedents indicate that the autopen has been utilized by numerous presidents, including Barack Obama, who famously signed laws and pardons using the device. Notably, a 2005 memorandum from the Bush administration clarified that presidents could delegate signature tasks to subordinates, thereby legitimizing the autopen's use for signing bills and other official documents.

Examples of Biden's pardons included high-profile figures like Dr. Anthony Fauci and generals such as Mark Milley, who were granted clemency as protection against future prosecutions by the Trump administration. Biden's decisions were made in light of concerns over politically motivated investigations targeting members of his administration.

On Air Force One, Trump acknowledged that any decisions regarding his claims about the validity of Biden's pardons would ultimately lie with the courts. He remarked, “It’s not my decision, that’ll be up to a court. But I would say that they’re null and void, because I’m sure Biden didn’t have any idea that it was taking place.” This highlights Trump's ongoing contention that his predecessor's administrations were characterized by mismanagement and executive overreach.

Despite his claims, most legal commentators assert that attempting to negate a predecessor's pardons would not only face substantial legal challenges but could also set a troubling precedent for executive authority and oversight. As the situation develops, the implications of Trump's claims on the existing pardon framework remain to be seen, and the conversation surrounding autopen usage in presidential actions is likely to continue, as reported by ABC News and The New York Times.