Former President Donald Trump questions Biden’s pardons, citing autopen use. Legal experts say the argument is unfounded and unconstitutional.
A Political Storm Over a Pen
Former President Donald Trump has once again stirred political controversy — this time by questioning the legitimacy of President Joe Biden’s recent pardons. His central argument? That the use of an autopen, a device used to replicate a signature, renders the pardons “null and void.” But legal scholars and constitutional experts say there’s no legal standing to support this assertion.
This controversy comes at a time when political tensions are already sky-high, especially with the 2024 U.S. Presidential Election approaching fast.
🧨 What Triggered the Debate?
Donald Trump claimed that President Joe Biden had no personal involvement in the recent pardons of several high-profile individuals, including Dr. Anthony Fauci and General Mark Milley. Trump suggested that the documents may have been signed using an autopen and that Biden was likely unaware of the entire process.
These claims were made via social media and at a press briefing aboard Air Force One. The former president also tied his argument to Biden’s recent decision to not seek reelection, a decision that has fueled speculation about the president’s mental and physical fitness.
Autoopen scandal
🖊 What Is an Autopen and Who Has Used It?
An autopen is a machine that can automatically replicate a person’s signature. It’s been in use by U.S. officials for decades — especially by presidents who need to sign documents while away from the White House.
Presidents like:
- George W. Bush
- Barack Obama
- Donald Trump
…have all used the autopen for routine government paperwork and even emergency legislation. It’s a practical tool, not a scandalous secret.
👥 Biden’s Pardons: Who Was Pardoned and Why?
The pardons issued by President Biden cover some of the most polarizing figures in recent American history, including:
- Dr. Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases
- General Mark Milley, former Chairman of the Joint Chiefs of Staff
- Members of the January 6 Committee
These individuals were either involved in or critical of the Trump administration — making Biden’s decision politically symbolic as well as impactful.
🗯 Trump’s Allegations: A Closer Look
Trump’s core assertion is that Biden did not sign the pardons himself and was likely unaware they were being issued. In his own words:
“In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them!”
Trump further suggested that using an autopen, without the president’s full awareness or approval, invalidates the legal power of the pardons.
📜 The Legal Angle: What the Constitution Says
Article II, Section 2 of the U.S. Constitution grants the president the “Power to grant Reprieves and Pardons.” However, the text:
- Does not specify that a pardon must be signed
- Does not require that it be in written form
- Says nothing about how it may be revoked once accepted
🧠 Expert Opinions on Autopen Legality
Jay Wexler, a constitutional law professor at Boston University, stated that Trump’s argument is a “nonstarter” and legally meaningless.
“There’s no requirement in the Constitution that the pardon even be signed,” he noted.
Legal experts agree — the moment a pardon is accepted, it becomes effective, and the method of signature (or even lack thereof) does not void it.
🧓 Is Biden Mentally Fit? A Political Weapon
Trump’s claims are not just about autopens — they also play into a broader narrative about President Biden’s cognitive state.
By questioning whether Biden even knew about the pardons, Trump is attempting to:
- Reinforce the narrative of a “puppet presidency”
- Sow doubt among voters about Biden’s capabilities
- Shift media attention from his own legal battles
However, these claims lack hard evidence and are generally dismissed by mainstream legal scholars.
🔁 Can Presidential Pardons Be Revoked?
The answer is: rarely and under extreme circumstances.
Once a pardon is accepted:
- It is legally binding
- It can only be reversed in cases of fraud or duress
- Courts have historically been reluctant to question presidential clemency powers
🏛 Past Presidents and Their Use of Autopen
Even Trump’s own White House used the autopen to:
- Sign condolence letters
- Approve medals and awards
- Manage correspondence
In 2011, President Obama used the autopen to sign a bill while overseas. The Department of Justice confirmed that this was legal, provided the president gave prior authorization.
⚖ Autopen Use and the Justice Department’s Ruling
In a formal opinion, the DOJ’s Office of Legal Counsel concluded:
- An autopen signature is valid if the president directs its use.
- It does not undermine the legitimacy of legislation or executive orders.
This supports Biden’s pardons, even if an autopen was used.
📚 Is There a Legal Precedent for Invalidating a Pardon?
Legal experts say: No.
There is no precedent in U.S. history where:
- A pardon was invalidated due to the use of an autopen
- A court reversed a pardon based on questions about the president’s awareness
This makes Trump’s claim unprecedented — and, according to scholars, constitutionally weak.
🗳 Why This Matters for 2024 and Beyond
This issue isn’t just about Biden or the pardons. It’s about:
- Presidential authority
- Election narratives
- Media framing
With Trump leading in GOP polls and Biden under pressure, such controversies are shaping the battleground for 2024.
🎯 Political Motivation vs Legal Ground
The difference is crucial:
- Legal Ground: Experts say Trump has none.
- Political Motivation: Trump wants to weaken public trust in Biden’s leadership.
It’s a classic move in the political playbook — raise doubts, control the narrative, and dominate the news cycle.
video taken from –
CNN-News18
❓ FAQs
1. What is an autopen?
An autopen is a machine that replicates a person’s signature. It’s commonly used in government for routine paperwork.
2. Did Biden actually use an autopen for the pardons?
There’s no official confirmation, but even if he did, it doesn’t affect the legality of the pardons.
3. Can a presidential pardon be revoked?
Only in rare cases involving fraud or coercion. Acceptance of a pardon usually makes it final.
4. Has any court invalidated a pardon due to autopen use?
No. There is no legal precedent for that.
5. Why is Trump raising this issue now?
To question Biden’s cognitive fitness and challenge the legitimacy of his executive decisions.
6. Is there a constitutional requirement for a president to sign a pardon personally?
No. The Constitution does not specify the form or method of granting a pardon.
✅ Conclusion: Much Ado About Nothing
Despite Trump’s dramatic claims, the legal consensus is clear: Biden’s pardons are valid, even if signed with an autopen. The U.S. Constitution grants the president broad clemency powers, and there’s no evidence or legal precedent to suggest these pardons are “null and void.”
As the nation looks ahead to the 2024 elections, expect more controversies like this — not for their legal weight, but for their political impact.
