President Trump declares Biden’s last-minute pardons for January 6th Committee members invalid due to alleged autopen signatures, setting up potential legal battles over presidential powers and pardon authority.
Quick Takes
- Trump claims Biden’s pardons for January 6th Committee members are “VOID” because they were allegedly signed with an autopen.
- Trump alleges Biden wasn’t aware of the pardons and didn’t personally approve them.
- Legal experts doubt Trump’s ability to nullify a predecessor’s pardons, regardless of signature method.
- Biden’s pardons included January 6th Committee members, former Joint Chiefs Chairman Mark Milley, and Dr. Anthony Fauci.
- The controversy tests constitutional limits on presidential pardon powers.
Trump’s Declaration Against Biden’s Pardons
President Donald Trump took to his Truth Social platform Monday to declare that former President Joe Biden’s pardons for members of the House select committee that investigated the January 6, 2021, Capitol attack are invalid. Trump specifically cited the alleged use of an autopen rather than Biden’s actual signature as the reason for his declaration. The Heritage Foundation’s Oversight Project has previously suggested that an autopen was heavily used throughout Biden’s presidency, potentially adding credibility to Trump’s claims in the eyes of his supporters.
Trump further argued that Biden was unaware of the pardons, claiming “Joe Biden did not sign them but, more importantly, he did not know anything about them!” He suggested that those responsible for the pardons may have committed crimes. When asked by reporters if autopen signatures could actually invalidate the pardons, Trump replied, “I think so. It’s not my decision. That would be up to a court,” indicating he might pursue legal action to challenge the pardons’ validity.
Legal Experts Question Trump’s Claims
Constitutional scholars and legal experts have expressed skepticism about Trump’s ability to nullify Biden’s pardons based on signature methods. A 2005 legal opinion from the Justice Department allowed for the use of autopens for presidential signatures. Jeffrey Crouch, a presidential pardon expert at American University, noted that courts are unlikely to differentiate between manually signed pardons and those signed by autopen, as long as the president authorized them.
The US Constitution grants presidents broad pardon power with no provisions for successors to rescind them. Kimberly Wehle, a law professor at the University of Baltimore, emphasized that Trump would likely lose any legal challenge on these grounds. The unprecedented nature of a president attempting to void his predecessor’s pardons raises serious constitutional questions about the limits of executive authority and the separation of powers between administrations.
Biden’s Controversial Pardon Recipients
Biden’s pardons, issued during his final days in office, covered several high-profile individuals who had been targets of Trump’s criticism. Among those pardoned were all nine members of the January 6th Committee: Senator Adam Schiff, former Representatives Liz Cheney and Adam Kinzinger, and current Representatives Bennie Thompson, Jamie Raskin, Zoe Lofgren, and Pete Aguilar. Former Joint Chiefs of Staff Chairman Mark Milley and Dr. Anthony Fauci also received pardons from Biden before leaving office.
Biden’s pardons were preemptive in nature, granting immunity to individuals who might face potential prosecution under a Trump administration. Biden set a record for presidential clemency by commuting nearly 2,500 sentences during his term, including over 2,000 for nonviolent drug offenses. Trump has previously pardoned approximately 1,500 individuals related to the January 6th Capitol attack and commuted sentences for 14 supporters, including members of the Proud Boys and Oath Keepers groups.
Constitutional Showdown Brewing
The dispute over Biden’s pardons highlights the increasingly contentious nature of transfers of power between administrations with vastly different political viewpoints. Trump’s claims set up potential court battles that could ultimately require Supreme Court intervention to determine the limits of presidential pardon powers. The Constitution’s silence on whether a president can revoke a predecessor’s pardons leaves room for legal interpretation that could reshape executive authority.
While Trump has accused the committee members of committing “major crimes” during their investigation, he has not yet specified what legal action he plans to take to challenge Biden’s pardons. The ultimate resolution of this dispute could establish new precedents for presidential powers and the finality of executive decisions across administrations. For now, the constitutional question remains unresolved as Americans await potential court challenges from the Trump administration.
Sources:
- Trump claims Biden pardons are ‘VOID,’ alleging they were signed via autopen
- Trump says autopen use makes Biden’s pardons for Jan. 6 panel “VOID”
- Trump claims Biden’s pardons for Jan. 6 committee are ‘void’ because he used an autopen
