In a controversial statement made late Sunday, President Donald Trump declared that preemptive pardons issued by former President Joe Biden for members of the January 6 committee and other political figures are “void, vacant, and of no further force or effect,” claiming they were signed with an autopen device. “The ‘Pardons’ that Sleepy Joe Biden gave to the Unselect Committee of Political Thugs are hereby declared VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT because of the fact that they were done by Autopen,” Trump declared on Truth Social, suggesting that Biden did not actually sign them and was unaware of their issuance. Source.

This claim, however, has drawn skepticism from legal experts. They argue that the Constitution does not specify a method for presidential pardons to be authenticated and that many past presidents have used autopens without legal challenge. A 2005 memo by the Justice Department clarified that the president could sign documents through an autopen, ensuring that the legal force of pardons remains unaffected. “There is nothing in the Constitution that requires a pardon to be signed by hand,” explained Jeffrey Crouch, an expert on presidential pardons. “The power's implications and rules are practically unlimited.” Source.

Trump's allegations stemmed from a reported claim from the Heritage Foundation suggesting that Biden frequently employed an autopen during his presidency, which advocates like Trump argue raises doubts about Biden's cognitive fitness for office. Nevertheless, this assertion is met with counterarguments that emphasize the legality and occurrence of autopen use in past administrations, including those of Barack Obama and George W. Bush. Source.

As Trump's comments came to a point of contention, he admitted in a separate instance that he had also used an autopen for "very unimportant papers," underscoring the inconsistency in his stance regarding its legitimacy. “If you do letters where people write in and they'd love to have a response and we write responses—I’ll sign them whenever I can, but when I can't I will use an autopen,” he stated. Source.

Despite Trump's assertions, legal experts suggest that there is no legal precedent that allows a sitting president to invalidate pardons issued by a predecessor, as this could set a dangerous precedent impacting the judgments made by past administrations. “To attempt to revoke these pardons would risk extensive legal complications and implications for future executive actions,” noted constitutional law scholars. Source.