Explainer: Did Joe Biden’s autopen signatures void his pardons? Trump thinks so

US President Donald Trump has reignited a legal and political controversy by claiming that pardons issued by former President Joe Biden are void because they were signed with an autopen instead of Biden’s own hand. The issue specifically relates to pardons granted to lawmakers and staff involved in the January 6th investigation, which Trump sees as political retribution.

Trump’s assertion, posted on his social media platform, said that “the pardons are hereby declared void, vacant, and of no further force or effect, because of the fact they were done by Autopen.” However, no legal precedent supports his claim. Presidents have used autopens for decades, and experts argue that a handwritten signature is not legally required for presidential pardons. Still, Trump and his allies, including the conservative Heritage Foundation, are pushing the idea that Biden’s extensive use of the autopen raises questions about his awareness and control over key decisions.

Here is all you need to know about:

Q: What is an autopen?

A: An autopen is a mechanical device that replicates a person’s real signature using a pen. It is widely used in government and business for routine correspondence, certificates, and legal documents. US Presidents—including Trump—have used autopens for decades, often for non-critical paperwork.

Q: Why is Trump calling Biden’s autopen use a problem?
A: Trump claims that Biden’s autopen-signed pardons are legally void because Biden didn’t sign them personally. He also suggests that Biden “did not know anything about them,” implying that aides might have acted without his direct approval. Conservative media and the Heritage Foundation’s Oversight Project have amplified these claims.

Q: Is there any legal basis for Trump’s argument?
A: No. The US Constitution does not specify how a pardon must be issued, and no law prohibits the use of an autopen. A 1929 Justice Department memo states that a pardon doesn’t even require a president’s autograph as long as it is issued under their authority. Additionally, a 2005 Justice Department opinion confirmed that presidents can use an autopen to sign legislation.

Q: Has Trump used an autopen himself?
A: Yes, but he claims he only used it for “very unimportant papers” like letters to supporters. He argues that using an autopen for pardons is “disgraceful.” However, previous presidents, including Barack Obama and George W Bush, have used autopens for significant legal documents.

Q: Have other presidents used an autopen for pardons?
A: While there is no confirmed case of a president using an autopen specifically for pardons, the legal consensus is that it wouldn’t make a difference. Pardons are a presidential power, and the method of signing does not change their legitimacy.
Q: Why is Trump focused on the January 6th pardons?
A: Trump has long been angry over the investigation into the January 6th Capitol riot and its role in his legal troubles. Biden preemptively pardoned members of the congressional committee that investigated Trump, including former Republican lawmakers Liz Cheney and Adam Kinzinger. Trump sees these pardons as politically motivated and wants to overturn them.

Q: Can Trump actually revoke Biden’s pardons?
A: According to experts, presidential pardons are almost impossible to revoke. There is no legal precedent for a president canceling their predecessor’s pardons, and courts have ruled that a validly issued pardon cannot be undone. While Trump says, “It’s not my decision, that’ll be up to a court,” experts believe a legal challenge would be unlikely to succeed.

Q: What is the broader significance of this controversy?
Trump’s focus on the autopen aligns with a broader effort to question Biden’s legitimacy as president. His supporters claim Biden’s frequent use of an autopen shows he wasn’t in control of the government. This feeds into conspiracy theories about a “deep state” running the country and plays into Trump’s broader push for executive power in his second term.

Q: What happens next?
A: While Trump’s legal authority to void the pardons is highly doubtful, his claims could have political consequences. If Trump’s Justice Department investigates those Biden pardoned, it could lead to legal battles and financial strain for his political opponents—even if the pardons remain valid.

(With inputs from agencies)