President Donald Trump declared his predecessor’s last-minute pardons, including those for members of the House January 6 Select Committee and the Biden family, to be “void, vacant, and of no further force or effect” on Monday because the pardons were allegedly signed by an autopen, rather than by the president’s own hand.
Trump pointed to the recently uncovered autopen signature as proof that former President Joe Biden did not in fact sign the pardoning documents nor did he know about them.
“The necessary Pardoning Documents were not explained to, or approved by, Biden. He knew nothing about them, and the people that did may have committed a crime,” Trump posted on Truth Social early Monday.
While Trump announced Biden’s pardons are void, he acknowledged that the decision should be left to the court system.
“It’s not my decision—that’ll be up to a court—but I would say that they’re null and void,” Trump told reporters aboard Air Force One on Sunday, “because I’m sure Biden didn’t have any idea that it was taking place, and somebody was using an autopen to sign off and to give pardons.”
Legal experts are less certain, with New York University law professor Peter Shane telling Newsweek that the alleged use of an autopen “does not void the pardons.” Additionally, Shane’s NYU colleague Stephen Gillers says the Constitution does not require pardons to be issued in writing. Therefore, the autopen use would not be unconstitutional.
Before leaving office in January, Biden issued preemptive pardons to lawmakers and staff on the January 6 committee — including Representative Bennie Thompson (D., Miss.) and then-Representative Liz Cheney (R., Wyo.) — in addition to U.S. Army General Mark Milley and Dr. Anthony Fauci. Pardons were also given to five of Biden’s relatives, including his three siblings, just before Trump was inaugurated.
The final preemptive pardons issued to Biden’s family and political allies suggest the recipients may be guilty of criminal wrongdoing. Immediately after the pardons, Trump described the move as “disgraceful” and said, “Many are guilty of MAJOR CRIMES!”
The president has repeatedly threatened to enact retribution on his political opponents, including those on the panel responsible for investigating the January 6 Capitol riot and Trump’s alleged role in inciting the 2021 event.
Besides declaring his predecessor’s eleventh-hour pardons void, Trump vowed January 6 committee members would be met with a federal probe, suggesting they may have been involved in the signing of the pardons themselves.
“Those on the Unselect Committee, who destroyed and deleted ALL evidence obtained during their two year Witch Hunt of me, and many other innocent people, should fully understand that they are subject to investigation at the highest level,” he wrote. “The fact is, they were probably responsible for the Documents that were signed on their behalf without the knowledge or consent of the Worst President in the History of our Country, Crooked Joe Biden!”
Biden’s alleged use of an identical autopen signature was discovered by the Heritage Foundation’s Oversight Project, which announced its findings last week. The conservative think tank argued the last presidency was “controlled” by whomever controlled the autopen instead of the 82-year-old Biden, whose mental health was rapidly declining during his four-year tenure.
Earlier this month, Missouri Attorney General Andrew Bailey called on a federal investigation to determine whether Biden’s pardons and executive orders can be legally challenged.
“I am demanding the DOJ investigate whether President Biden’s cognitive decline allowed unelected staff to push through radical policy without his knowing approval,” Bailey said. “If true, these executive orders, pardons, and all other actions are unconstitutional and legally void.”
Trump poked fun at the autopen signature controversy, posting three adjacent images on Truth Social showing the official portrait from his first term, a picture of Biden’s autopen, and the official portrait taken for his second term.