Trump Seeks To Invalidate Biden’s Pardons, Citing Autopen Signatures

President Donald Trump has sparked fresh controversy by claiming that Joe Biden’s pardons for members of the House Jan. 6 committee and other officials are legally invalid. Trump argues that since Biden used an autopen, a device that mechanically replicates signatures, the pardons should be considered void. 

Legal experts, however, dismiss the claim as baseless, pointing out that the U.S. Constitution does not require a handwritten signature for presidential pardons. The dispute adds another layer to the ongoing battle between Trump and those who investigated his role in the Capitol riot.

Trump’s Claim

President Donald Trump has declared that the preemptive pardons issued by former President Joe Biden to members of the House Jan. 6 committee are "void." Trump argues that Biden’s use of an autopen renders the pardons legally ineffective.

In a post on Truth Social, Trump wrote, 

The ‘Pardons’ that Sleepy Joe Biden gave to the Unselect Committee of Political Thugs, and many others, are hereby declared VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT, because of the fact that they were done by Autopen.

Trump further suggested that Biden may not have been aware of the pardons and that the committee members should be investigated.

What the Law Says

Despite Trump’s claims, legal experts and constitutional scholars say that presidential pardons do not require a handwritten signature. The U.S. Constitution grants the president broad clemency powers without specifying how pardons must be signed.

The Justice Department previously ruled in 2005 that the use of an autopen for official documents, including pardons, is legally valid. Former Presidents Barack Obama and George W. Bush also used autopen signatures for key documents, including clemency orders and legislation.

Jeffrey Crouch, a professor specializing in presidential pardons, stated, 

Biden’s pardons are highly unlikely to be revoked simply because they were signed with an autopen.

The 4th U.S. Circuit Court of Appeals has also ruled that a written signature is not even required for a pardon to take effect.

What Is an Autopen?

An autopen is a mechanical device that replicates a person’s handwritten signature automatically. It is commonly used by politicians, executives, and celebrities who need to sign large volumes of documents.
The device works by digitally capturing a person’s signature and storing it internally. A robotic arm or mechanical pen then precisely reproduces the recorded signature onto documents. While the output looks handwritten, it is entirely machine-generated.

U.S. presidents have used autopens for years. According to a report by The New York Times, Barack Obama was the first president to sign an executive order using an autopen in 2011. Since then, it has become a routine tool in White House operations.

The Political Backdrop

Trump’s accusations echo recent claims from the Oversight Project, a conservative group questioning Biden’s cognitive abilities. The allegations add to a broader effort by Trump and his allies to challenge the legitimacy of Biden’s actions while in office. This comes as Trump has also moved to strip Secret Service protection from Hunter and Ashley Biden, further escalating tensions between the current and former administrations
Biden issued the pardons in January 2025, just before leaving office, stating that they were necessary to protect individuals who had investigated Trump from potential political retaliation. The recipients included members of the Jan. 6 committee, former Joint Chiefs of Staff Chairman Mark Milley, and Dr. Anthony Fauci.
Republican lawmakers and right-wing groups have since called for investigations into Biden’s actions, though it remains unclear what legal path Trump could take to overturn the pardons.

What’s Next?

While Trump has made bold claims about voiding Biden’s pardons, there is no clear legal mechanism for a sitting president to undo a predecessor’s clemency decisions. Courts have consistently upheld that once a pardon is issued and accepted, it cannot be revoked.

As Trump continues to challenge Biden’s decisions, legal experts expect this to remain a political issue rather than a legal one. Meanwhile, members of the Jan. 6 committee have responded defiantly, with former Rep. Adam Kinzinger saying, 

Hey Trump, bring it on, dude. You weak, whiny, tiny man.

With Trump back in office and already issuing pardons of his own, including for Jan. 6 rioters, this debate over presidential clemency is likely far from over.

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