Trump's Claims on Biden Pardon Validity Face Scrutiny

Tue Mar 18 2025 02:15:45 GMT+0200 (Eastern European Standard Time)
Trump's Claims on Biden Pardon Validity Face Scrutiny

Trump's assertion that Biden's pardons are void due to autopen signatures is challenged by experts.


While Donald Trump asserts that many pardons granted by President Joe Biden are void because they were signed using an autopen, legal experts and fact-checkers point out the lack of evidence supporting his claims. The examination of presidential signatures and legal norms suggests that such pardons remain valid despite the use of autopen technology.

In a recent post on Truth Social, Trump claimed, “The 'Pardons' that Sleepy Joe Biden gave ... are hereby declared VOID... because of the fact that they were done by Autopen.” He did not specify which pardons he was referencing, prompting questions about the legitimacy of his assertions.

Investigations by BBC Verify have found numerous instances where Biden personally signed pardons by hand. In fact, visual documentation from the White House confirms Biden signing pardons for non-violent offenders and those jailed for marijuana possession, distinguishing these actions from those potentially signed by autopen. The reports suggest that while there were instances of Biden using autopen for other documents, the claim that all his pardons are void holds little ground.

Legal analysis emphasizes that there is no provision in U.S. law that invalidates pardons granted by autopen signatures. Experts assert that the process of using autopen for presidential signatures is established and historically accepted, mentioning that past presidents have employed similar methods. According to a 2005 memorandum from the Bush administration's Department of Justice, signatures executed through direction, including those by autopen, suffice as valid.

In light of Trump's claims, the Heritage Foundation’s oversight project has sparked further debate on Biden's use of autopen, insisting without thorough evidence that various interpreted pardons all bear the same autopen signature. However, critiques suggest that attempting to rescind Biden's pardons would not only violate established norms but would also challenge the validity of many official documents governed by similar practices.

Historically, executive actions to revoke pardons are rare, and any moves to challenge Biden's actions would likely necessitate complex legal proceedings that could further test the boundaries of constitutional adherence in governance. Legal scholars actively caution against pursuing such avenues, which could have far-reaching implications beyond the immediate pardons in question.

As the conversation continues to unfold, it highlights the necessity of rigorous fact-checking and verification, particularly amidst claims that may influence public perception and legal interpretations within the political arena.

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