Trump Biden pardons Can Trump Really Revoke Them

Trump claims to revoke Biden’s autopen pardons, but legal experts say such moves have no effect. Learn what autopen pardons are and who is affected.
United States President Donald Trump recently announced that he has nullified all pardons and commutations issued by his predecessor, Joe Biden, that were signed using an autopen. While this claim grabbed headlines, legal experts say there’s no constitutional basis for such an action.

An image of an autopen reproducing Biden’s signature appeared alongside Trump’s portrait at the Presidential Walk of Fame in Washington, DC [Kevin Lamarque/Reuters].

What Did Trump Say About Biden’s Autopen Pardons?

Trump took to his social media platform, Truth Social, declaring that all documents, proclamations, executive orders, memorandums, and contracts signed by Biden using the autopen are “null, void, and of no further force or effect.”

He specifically mentioned pardons and commutations, warning recipients that their legal documents had been “fully and completely terminated.”

However, constitutional law experts argue that such statements have no legal authority and cannot undo valid pardons or legal actions.

What Is an Autopen and How Did Biden Use It?

An autopen is a mechanical device that replicates a person’s signature without requiring them to sign manually. Trump has repeatedly criticized Biden’s use of the device, claiming it reflected physical and mental weakness.

During his presidency, Biden issued a total of 4,245 acts of clemency, including both pardons and commutations. Most were sentence reductions rather than full pardons. Notably, he issued pardons by proclamation affecting entire groups, such as:

• Former military service members convicted under the now-repealed ban on gay sex.
• Individuals convicted of certain federal marijuana offenses.

It is not publicly clear which of these were signed via autopen, but the device is commonly used for efficiency and does not legally invalidate any presidential act.

Is Trump’s Move Legal?

Experts are clear: Trump does not have the power to revoke pardons issued by a previous president.

Bernadette Miller, a constitutional law expert at Stanford University, told Al Jazeera:

“This declaration has no legal effect. Any pardons or laws signed by Biden remain valid. The only exceptions might be executive orders that can be rescinded by a current president, but pardons themselves are final.”

PolitiFact confirms that once a pardon is granted, it cannot be overturned, citing an 1869 judicial ruling. Furthermore, the Constitution does not require a president to sign any document by hand for it to be valid.

Who Could Be Affected by Trump’s Declaration?

Trump has claimed that Biden’s autopen pardons extended to certain US legislators involved in the January 6 Capitol investigation. This includes Republicans like Liz Cheney and Adam Kinzinger, who faced backlash from Trump’s allies for investigating his actions related to the 2020 election.

Trump labeled these pardons “VOID” because, according to him, they were issued via autopen. Despite his claims, legal experts emphasize that such pardons remain effective and enforceable under law.

Has Any President Used an Autopen Before?

Biden is not the first US president to use an autopen. Historical precedents include:

• Thomas Jefferson – Used a mechanical polygraph in the 18th century to duplicate signatures.
• John F. Kennedy – Used an early autopen version in the 1960s.
• Barack Obama – Relied on autopens for efficiency in some documents.

Legal memos from 1929 and 2005 confirm that a president is not required to personally sign documents for them to carry legal weight. The autopen is considered a legitimate tool to expedite official documentation.

Conclusion

Trump’s claim to revoke Biden’s autopen pardons is largely symbolic and holds no legal weight. The US Constitution provides no mechanism for a sitting president to nullify pardons granted by a predecessor. While political rhetoric may continue to stir controversy, the legal reality is clear: Biden’s pardons and commutations remain valid.