Fox News legal analyst Gregg Jarrett told “Kudlow” guest host David Asman Monday the answer to one question could render some pardons issued by former President Joe Biden “null and void.”

President Donald Trump declared in a March 17 post on Truth Social that pardons issued by Biden to members of the House committee investigating the Jan. 6, 2021, riot at the Capitol were invalid due to the use of an autopen, a mechanical device that can replicate a stored signature. Asman asked Jarrett about whether the use of the device would render pardons invalid.

“There were thousands of pardons and if the president, President Biden, didn’t know about or have the capacity to know about what these things were, that somebody says we’re using the autopen for this, does that make them null and void?” Asman asked.

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“It does. You know, autopens, David, are legal as long as there is consent. But if Joe Biden never consented or worse, he had no knowledge, then those documents, whether they’re pardons or executive orders, as you point out, David, they’re null and void,” Jarrett responded. “If Biden was not even competent to consent, you’ve got the same result: null and void. The difficulty, of course, is proving it and that’s why these congressional hearings upcoming are so imperative. Who operated the autopen and did that person receive written authorization and verification as required?”

Biden’s health issues and cognitive decline during his term have been chronicled in books since 2024 presidential election, with one book, “Original Sin,” by CNN host Jake Tapper and Axios reporter Alex Thompson, reporting that Biden failed to recognize Academy Award-winning actor George Clooney, a long-time supporter.

“There are reports that Joe Biden was so mentally enfeebled he was commandeered by a group of aides – commandeered by a group of senior aides calling themselves the Politburo, and if that is true, it’s prima facie evidence that decisions were unauthorized under the Constitution,” Jarrett said.

Biden announced the pardon of his son, Hunter Biden, in a statement released by the White House in December 2024, alleging that Hunter had been “singled out” due to being the president’s son while accusing “political opponents” of seeking to “break” both him and his son in the statement.

Biden’s pardon of his son and others likely will be discussed during a June 18 Senate Judiciary Committee hearing into the alleged cover-up of Biden’s decline.